• Landlord dispute

While vacating the rented apartment, my landlord told me that he doesn’t have the money to return my deposit (80k) and will pay me in 2-3 months. I also suggested that he deduct the rent from my deposit for last month to which he said he doesn’t have money to pay for EMI, but will pay my deposit once new tenants move in.... Last month he told he ll transfer later. And now 3 months are over and he is not picking up phone or replying. I have the contract. The bank statement of transferring the deposit and also the rent that I transferred till last month. Should I go to the police to file cheating case?
Asked 8 years ago in Civil Law

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12 Answers

File Police complaint of cheating , criminal breach of trust against landlord under section 406 , 420 of IPC

2) also file summary suit to recover your dues

Ajay Sethi
Advocate, Mumbai
100035 Answers
8167 Consultations

Your landlord seems to have cheated you.

Since money withhold by landlord is not much civil suit for recovery of money is a good option.

Rather lodge complaint with police for cheating. If FIR is registered you can soon get your money rushed to your pocket.

Devajyoti Barman
Advocate, Kolkata
23662 Answers
538 Consultations

Yes, you can go to the police station also and file complain of cheating.

But, before that I suggest you to drop him a legal notice specifying all the details, and also the action which you would be taking if he denies for paying back of your money.

If he still does not do the same then file a complain against him.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Send a Legal Notice for forthwith recovery of your security deposit.

File a money suit for recovery incase the landlord fails to abide by the Legal Notice.

Vibhanshu Srivastava
Advocate, Lucknow
9769 Answers
323 Consultations

Ya, file a case in the local PS immediately.

Good Luck / All the Best

Damoder Kankeeram
Advocate, Hyderabad
50 Answers
2 Consultations

File a summary suit for recovery of damages and simultaneously file a complaint with police for criminal breach of trust etc, if police refuses to lodge an FIR then file a case before the magistrate u/s 156(3) of Cr.P.C.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear Client,

In the aforesaid issue no criminal liability made out, only recovery.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Hi, first issue him a legal demand notice through a lawyer to refund the amount with interest within 15 days .. If he do not comply with notice you can file recovery suit in court ..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Once you move outside, it will be very difficult to collect the deposit amount. Instead of that stay in the same portion untill you get the deposit. It will not amount of cheating. It is a civil case. While staying in the same portion, you file consumer case against the owner for recovery of amount with damages, legal expenses, interest amount etc.

Ravinder Pasula
Advocate, Hyderabad
400 Answers
125 Consultations

Hi

First you issue notice for refund of your deposit money, it should be in line with the terms and conditions of your Contract. Based on his response you may initiate appropriate proceedings.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

you can file cheating case very well.

you can file a civil suit also for refund of money including intrest and also some of the amount for your mental egony

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

The police will not interfere in this civil matter, you have to issue a legal demand notice and then drag him to the civil court for recovery.

Dont get misguided by the words of some greedy people to attempt any other step in this regard becasue you may have to shell out more money than what could be actually involved.

T Kalaiselvan
Advocate, Vellore
90237 Answers
2508 Consultations

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