• Need suggestion

Hi, My name is Aishwarya. I need little suggestions and advise on how to proceed with my house owner. Who has been cheating on the electricity bill and water bill. We have been living there since November 1, 2014. Recently vacated this year June 9, 2017 (last month). We vacated because of electricity bill 1200 to 1600 rs where in my very recent house, the bill with the same amount of consumption 685 rs. When it comes to water bill, there were 5 individual houses (one is commercial) when it comes to us it is always divided 4000/4, when my neighbor questioned about this, they said it is our own daughter and her family and it wont be divided as five. They will never ever give us the water bill and electricity bill. On top of it, they were collecting 200 motor charge and 100 maintenance charge for the portico light which was used in the entrance, but later on we found out that it was connected to our meter and we were paying the bill. When we questioned about the maintenance, the owner, his wife, and his son bounced back very bad. They never increased the rent for the second year for two years it was only 15000 rs. For the third year, they increased 1000rs. Now while shifting the house, they gave us only 10,4000 rs (deposite amount was 150000). When we asked why so much deduction, they brought a list. They argued, in the second year, if we had increased you are supposed to pay 15750 rs and in the third year, it was 16535 rs. for painting and 15 rent they deducted 8000 + since we didn't serve the prior notice of two months, they have deducted 5555 plus one and a half month electricity bill 1900+ and one month rend 19000 including all maintenance charges (ele bill, water bill, motor mill, maintenance). Have no idea what to do. It is hurting us very badly. We didn't renew the agreement since 2014 (11 month agreement). Even if we get 25% of that money, it would be a great help. Since he is the house owner, even to approach police, we are afraid. Whom the police would support. But we have every months house bill, bank transactions, everything.

Please help us. Both son and father saying, no body is genuine in the Bangalore, you can approach anyone. We are tired of fighting. We just cannot match the way they speak.
Asked 8 years ago in Civil Law

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5 Answers

1) issue legal notice to landlord to refund your security deposit .

2) if he fails to do so file case of cheating , criminal breach of trust against house owner for refusal to return balance security deposit

3) file summary suit under order XXXVII of CPC to recover the balance security deposit with interest

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. it looks like that the bill is fudged to extract money from you.

2.if that is so then you can lodge complaint with police.

3. Taking money on misrepresentation off act is a crime for which case of cheating can be filed.

4.So Once the Police would register FIR of cheating you may get back the money in his desperation to colse the criminal case.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Since agreement has not been renewed you are entitled to refund of your security deposit

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Please help us. Both son and father saying, no body is genuine in the Bangalore, you can approach anyone. We are tired of fighting. We just cannot match the way they speak.

If you feel that you have been meted out with injustice by exorbitant collection of electricity consumption charges and water consumption charges, you may calculate everything from the day one and draw out the difference between the normal and the charges exorbitantly collected by the landlord and also the other charges in the name of not given notice and one month rent etc, which are unheard of in law because in 11 months agreement which has not been renewed subsequently, there is no question of demand for notice period or deduction of one month rent.

You may issue a legal demand notice calculating everything and demand the excess amount charged by them so far during the tenure of tenancy and warn them that you would approach court for recovery on the basis of the documentary evidences you possess.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

hank you for your reply. But the agreement has not been renewed, will that be a problem. There is no option to upload any attachments here. otherwise, I would have uploaded the list, they charged us.

As the agreement was not renewed, there was no tenancy existed hence the flimsy reason that you have not given notice for vacating the premises carry no meaning and there is no legality in their demand. Hence you can mention the same in the legal notice too.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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