• Zenify.in — huge deductions from security deposit

I got a flat from zenify in 12 march 2016 for my family of 4 people. I deposited 1, 07, 200 rs as security deposit. We stayed there for one and half. Years (Till 9th november 2017) and i got job change we needed to relocate to gurgaon. Being a family people we kept flat very clean and maintained. There is no due pending except electricity bill which is 1400 only till date. 

1. Zenify claim they settle security deposit refund in 3 days, i got 51, 284 out of 107200 after 13 day of vacating the flat, which was very bad experience.

2. I requested multiple to zenify to do final inspection in front of us, so that we know what they are deducting and for what reason, but no one came for inspection. As we have to move to gurgaon, i can't wait for long for zenify for inspection after vacating the flat. All these situations were very well informed to zenify through multiple emails.

3. Now in the name of repair, painting, electricity bill and cleaning zenify is deducting 32,225. I got the following list from zenify. Almost all following items i got were as it is in the flat. I can't believe how they can deduct money for the repairing the items which were already in the same condition/used when they handed over the flat in march 2016 to us.

Now I want to File a case against Zenify for Mental harassment and looting tenants and deducting whatever they want because they have control on heard earned security deposit. 

Now I am in Gurgaon, is it possible to file a case from Delhi/NCR Judiciary. 
Please Advice.
Asked 7 years ago in Civil Law

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17 Answers

Hello,

You can send them a legal notice and then can subsequently file claim in the consumer forum for unfair trade practices and claim compensation for mental harassment.

Case can be field at following two places:

1. Where the flat in question was situated

2. Where the HO of Zenify.in is situated.

Also, please read the terms and conditions carefully before filing the case.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

Send a legal notice to zenify seeking the recovery of the amount which they have illegally deducted from your security deposit. Also, seek compensation for the mental harassment and trauma caused to you.

If the legal notice falls on the deaf ears of zenify, file a consumer complaint against the.

Let me know if I can be of anyfurther help.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Hello sir , it is first advisable to send them a legal demand notice , asking for the refund of the amount .. If they fail to comply with the notice , you can approach consumer forum or PLA court , Gurgaon , to obtain the refund alongwith compensation ....the jurisdiction will lie either at the head office of zenify or where the property is situated

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

What are clauses in your agreement regarding painting charges?

2) painting charges can be claimed if there is clause in agreement to that effect

3) it is necessary to peruse agreement to advice

4) don’t be in a hurry to file suit

5) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
96760 Answers
7804 Consultations

1. Please refer the column on the rental/lease agreement wrt. deductions.

2. If you find anything unreasonable deductions then issue legal notice for the recovery of money.

3. Based on the reply, you can approach consumer court.

Discuss with any local lawyer.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

You can file suit against zenify where the property situated for recovery of money and mental agony

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

You have a cause to file a case in the consumer forum

Tell then in writing that you are ready to pay Painting and cleaning charges and some repair as well and request for refund of remaining charges.

If the lease agreement expired and you stayed their and paid the rent also then the same will be considered as a month to month tenancy.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

Technically, it should have been renewed. But you could still try to recover the wrongful deductions by way of sending a legal notice to them.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

You can dispute your liability to pay repair charges

Generally in such case joint inspection is done before you vacate the premises

Litigation is long drawn and expensive proposition and take years to be disposed of

Ajay Sethi
Advocate, Mumbai
96760 Answers
7804 Consultations

Let me know if I can be of any help in advance issue them a legal notice.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

Hi, it will be convinient if you can share the rent agreement to review and then guide you accordingly ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

1. Live agreement should be matter but not mandatory as long as you were paying rent and the deductions suppose to be based on the old agreement. But they can not bill you unnecessarily.

2. You can issue legal notice asking for the clarification on deductions and the recovery of illegal deduction of money. Based on their reply you can proceed with further steps.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

If the terms of rental agreement provides for painting and normal repairs will be born by the tenant then only this deductions is allowed as a claim from your security deposit.

Please make sure before making any civil suit against the deduction from your security deposit at the same time please note that the civil suit can be filed in the local court of the resistance.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

Firstly, give them a legal notice stating you want your money back and also compensation for giving the money after 3 day period as well as the trauma which you have gone through.

Secondly, wait for 15 days then file a complain in consume forum.

Thirdly, mention each and every thing in your complain even more than those which you would be mentioning in the legal notice but should be true.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

Send a legal notice through local lawyer for recovery of remaining security deposit and thereafter file a suit for recovery of the amount with interest and costs.

Dalip Singh
Advocate, New Delhi
1092 Answers
36 Consultations

Any case to be filed shall be maintainable within the jurisdiction where the property situate.

The claim made by you now that it was in the same condition of what it is now should have been confirmed at the time of taking over the flat and no claim can be entertained legally at this stage i.e.,. after a year.

The amount what you will spending towards litigation, to and fro expenses, sparing valuable time and energy for the litigation purpose will be costing more than you are due to get it even if you give a tough fight in the stretched legal battle,

Hence decide judiciously.

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

i will go through rental/lease agreement once again and I am I have told them that I am ready to pay Painting and cleaning charges and some repair as well But all other mentioned Items in the name of repair are naturally depreciated as those were already in use when I got the flat, They cann't put all those burden on my head of these items. I stayed there March 2016 to Nov 2017 and rental/lease agreement was not renewed or signed by me for the year 2017-2018, is it still matter ?

The renal agreement should have been renewed if the same was expired, hence you cannot claim any recovery due to this fault from your side.

Moreover the damages now claimed may be negligible especially when you consider the cost for litigation on this, so decide what ever you feel it to be proper

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

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