• Ex-flatmate has fudged common accounts for months

Hi, 

I was living with 2 flatmates and after moving out have discovered that the flatmate who was responsible for monthly accounts has been over charging me for the past 6 months. The amount of monthly overcharging was ~6k which means I have over paid by 36k

I have discovered this while going through the accounts in detail now, and have asked her to show me her expenses and calculations for each month. She is refusing to do so and is not believing the accounts I am showing which are from my bank statements and other online purchases. 

Is there any legal course of action I can take in case she does not co-operate?
Asked 7 years ago in Civil Law

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12 Answers

1. She is a crime but the issue is very miniscule.

2.For this issue taking legal recourse is not advisable and I would recommend you to forget this and not rely upon their account anymore.

3. However if you still want action then you can lodge complaint u/s420 IPC for cheating done to you.Howevr do note that the burden of proving the cheating will lie upon you only.

So take action only when you can support your allegation by documents.

Devajyoti Barman
Advocate, Kolkata
23358 Answers
524 Consultations

issue her legal notice to pay Rs 36000

2) if she refuses you can file police complaint against her of cheating under section 420 of IPC

3) if she refuses to pay dont file suit to recover your money

4) litigation costs will be more than amount sought to be recovered

Ajay Sethi
Advocate, Mumbai
97637 Answers
7903 Consultations

1. overcharging by suppression of fact or misrepresentation constitutes offence of cheating punishable under section 420 of Indian penal code and cheating is also a civil wrong.

2. you can recover this amount either by filing a civil suit or by filing FIR.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

3. before initiating any legal proceeding you should talk with her for amicable settlement and also show your options and legal remedies available in law against this act.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Madam, You need file recovery suit against them for overcharging.

thanks,

adv.Niranjan,

mobile/whatsapp - .

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

1. You can file a private cheating case against her or lodge a police complaint bringing the charge of cheating against her.

2. Please note that your legal expenses to file the suit/case might overtake the amount you are trying to recover from her.

Krishna Kishore Ganguly
Advocate, Kolkata
27533 Answers
726 Consultations

You have not mentioned the terms of all such financial transactions.

If it was decided to spend the money by all in common by everyone contribution to the same equally then you may demand the account details and also seek for the relief as per your share after sending them proper communication in this regard.

T Kalaiselvan
Advocate, Vellore
87831 Answers
2366 Consultations

Police complaint is not maintainable because it is a financial transaction on a collective basis.

First send her a demand notice demanding the refund of excess recovery of amount from you as per your calculation.

Let she give a reply and confirm the status after which you will get a chance to initiate recovery action following due process of law.

T Kalaiselvan
Advocate, Vellore
87831 Answers
2366 Consultations

1) it is necessary to peruse her reply sent by email to advice

2) if she accepted the fact that she has cheated you it would be an admission of guilt

3) you can compel her to produce the actual bills

4) you are at liberty to file police complaint against her for cheating under section 420 of IPc

Ajay Sethi
Advocate, Mumbai
97637 Answers
7903 Consultations

1. You can file a recovery suit against her.

2. During the hearing of the said case, she will be asked to giver her version of the accounts in details which can be cross examined/ countered by your Advocate.

3. finally if the Court is convinced, she will be directed to repay the amount excess charged to you with interest, damage and cost.

4. The case will take years to be disposed off and the expenses may over take the amount asked to be recovered.

Krishna Kishore Ganguly
Advocate, Kolkata
27533 Answers
726 Consultations

Can this be termed as an admission of guilt (I have her response on e-mail)?

it is relevant under section 21 of the evidence act as her admission. a valid presumption shall be inferred and she cannot retract from it. if she tries to retract section 115 of the evidence act will apply and she will be stopped by rule of estoppel.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

If I file a claim against her, can this be taken as evidence and can I compel her to disclose the actual bills?

this evidence is relevant and admissible under section 65 B of the evidence act. then court may call all the bills for corroboration of evidence.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

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