Hi, it is advisable to settle the matter amicably with the broker .. If you want go legal you can file a suit for permanent injuction.. If they trouble you unnecessary you can also file a police complaint
Agent told me to leave the rented house within 1 month
Hi, I met a agent(agent 1) fixed a house for rent @ 6500 . As per agent demand I paid deposit rs 20000(by cash) and brokerage charges+ notary + police verification = 7000( by bank) . After paying total 27000 k I shifted in house on 15 September . At month end another agent(agent 2) came and ask for rent that time I clearly told him " your rent is ready with me but first give me rent agreement as I need for address proof and gas connection and take your rent " then he replied me that the agent not given me only 15000 as well as your house owner told me to vacant the house in one month or shifted to 4th floor in same appartment . Don't know what to do ... lf I refused to shift on 4th floor as no sefty grill and net on windows and have small child. Then below thing will happen # first agent not responding #Don't know real owner as they hiding ... #They will not give me any thing as they will deduct 2 months rent + light bill (nearly 14k where I paid 20k in cash) # they will not give me brokerage + agg amount ( I have payment proof of 7000) #not given me rent agreement #another painful task of shifting I know amount is very less but it is frustrating and mentally harrassing . May be they will always use these trick. Please guide me as I decided to leave this house but need to teach them lesson for there awful decision and taking advantage of needy people....
Asked 6 years ago in Civil Law
8 Answers
1) refuse to vacate
2) mention that you have already paid security deposit plus rentals
3) notice is required to be given as per terms of agreement
4) mention that 4 th floor flat does not have safety grills nor nets
4) agree to vacate only if they bear expenses of shifting and provide alternative flat
Looks like you've been defrauded by these agents who are responsible for cheating you and have duped you off, of your hard earned money. No civil actions is sustainable in the matter due to absence of proper documentation. However, you may report this matter to the Police and request them to take a Stern action against these brokers.
If you have proof of payment of rent then do not leave the house immediately.
Since you are in possession of the proeprty to make you quit the same would require lot of effort and litigation.
So you are right side of negotiation and hence let them resolve the dispute and you continue to enjoy the proeprty.
Once The landlord comes and seek rent for subsequent months then only on rent receipt make such payments.
You can file a criminal case against him for the offence of cheating. However, you have made payment of 20000 rupees in cash but court will admit it as evidence because it is presumed by the court under Section 114 of the Indian Evidence Act that when tenant moved in rented house he has made all the advance and necessary expenses which is prevalent in the locality.
In metro cities it is a general practice that tenant has to make advance rent cost of police verification, notary and also give brokerage to the agent if he hired services of agent.It is prove that you had services of agent because agent number to has admitted that agent number 1 had given only 15000 rupees. So you can easily established your case, so you should file a complaint before the magistrate under section 200 of the code of criminal procedure for the office of cheating.
You may out rightly refuse him to vacate by saying that you have paid the rental and the security.
The landlord has to abide by the terms of the agreements and will have to serve you a notice for vacation.
Say that you will vacate only if the landlord is ready to bear the expenses of the transfer and shifting etc.
Regards
1. It was wrong on your part to give the security deposit and rent without the rent agreement being executed. The copy of rent agreement should be obtained at the very time when you pay the security deposit and advance rent, else you will always be at the mercy of the landlord/agent.
2. Now it is your call. You may either vacate the house or stay back for 2 months without rent and the vacate.
3. You can also go to the civil court to recover the money but then it will be a long drawn procedure and the expenses may exceed the amount to be recovered.
For the present you dont vacate the house.
You can lodge a complaint against this agent as well as the previous agent who collected the money from you.
You can produce the bank transaction details along with the complaint letter.
If the local police is not entertaining your complaint you may escalate the matter to the higher police officer about such cheating activities under the blanket of agents/brokers.
Get them exposed so that they dont cheat other or others can be aware of such fraudsters.
