• Landlord tenant law

I took a small small storage room or garage on rent for storage of our books for business purpose.we gave 13000 in which 3000 is 2months rent and 10000 is advance or safety deposit.but he didn't give us receipt of payment .and now we left the place since he is constructing new house over there and now we asked for deposit money and now he is saying that he hasn't received the money .how could we get the money back ?
Asked 7 years ago in Property Law
Religion: Hindu

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17 Answers

Was payment made by you by cheque ?

2) if so enclose copy of your bank statement to prove transfer of funds to landlord

3) you can issue legal notice to landlord to refund your security deposit

4) if he refuses file Police complaint of cheating against landlord

Ajay Sethi
Advocate, Mumbai
98513 Answers
8018 Consultations

As no receipt or something in writing very difficult to retrieve the money.

Remember if any message or recording which states that he took the security money.

Else, can consult me on phone, I ll give you a way to retrieve it.

Good Luck...|

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1. File a police complaint, if you wish, but not advised.

2. Issue a legal notice

3. File a private complaint directly in the Court

Kishan Dutt Kalaskar
Advocate, Bangalore
6196 Answers
494 Consultations

This person is fraudster. So he must be taught a hard lesson of law.

Lodge a complaint in writing with the local police on which basis once the fir under section 420 ipc is registered you can reasonably expect your money back in no time.

Devajyoti Barman
Advocate, Kolkata
23511 Answers
530 Consultations

Since you have no proof of payment and hope this amount was paid in cash.

Please report to the police for help.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

Hello,

1) If you have proof of having made the payment to him you should be able to recover it from him.For instance if the money was through a bank transfer or by cheque you can show proof of the bank entry as proof of having paid the money to him.

2) You must issue a legal notice to the landlord asking him to refund the money with interest.If he does not respond and fails to refund the money file a police compliant against the landlord for having cheated you. Provide a copy of the legal notice to the police.

S J Mathew
Advocate, Mumbai
3603 Answers
175 Consultations

1. You shall have to submit evidence in support of your claim that you have had paid the said amount to him for suing him to refund the said amount otherwise he will deny having received the said amount.

2. If you file a Money suit claiming the said amount from him, your legal cost will far outweigh your claim from him.

3. You can lodge a police complaint against him for cheating you by refusing to issue any Money receipt and then refusing to acknowledge that he had ever received the said amount from you for refunding you.

Krishna Kishore Ganguly
Advocate, Kolkata
27585 Answers
726 Consultations

how you gave this advance if you have given it by cash it would be really difficult to get the money back. if you have any evidence on whatsapp, email something in written where the person has accepted that you gave money only then it can be proved. Was there any agreement

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

You don’t have any evidence of payment of security deposit

Payment made by cash and no receipt issued

Difficult for you to recover security deposit

Ajay Sethi
Advocate, Mumbai
98513 Answers
8018 Consultations

1.That means that there s no documentary evidence of your having paid the said amount to the land lord.

2. Lodge the police complaint to see whether the land lord admits the receipt of the said cash from you before the police or not.

Krishna Kishore Ganguly
Advocate, Kolkata
27585 Answers
726 Consultations

1. Prove it in civil case.

2. For e.g. offence of murder will be proved by oral evidence only.

Kishan Dutt Kalaskar
Advocate, Bangalore
6196 Answers
494 Consultations

Hello,

Send a legal notice to the landlord for returning the said money which has been given by you against the security deposit.

Anilesh Tewari
Advocate, New Delhi
18095 Answers
377 Consultations

Also if he fails to return the money after that then file a complaint before the police to recover the said money.

Regards

Anilesh Tewari
Advocate, New Delhi
18095 Answers
377 Consultations

Receipt of payment is not given ordinarily but the fact that the advance rent and security has been paid is incorporated in the rent agreement. If you did not get it incorporated in the rent agreement then it is a blunder in as much as you have no documentary evidence to prove the remittance of security deposit.

Ashish Davessar
Advocate, Jaipur
30830 Answers
976 Consultations

You issue a legal notice to him demanding him to return the deposit money held by him for which he did not give any receipt.

Let him give a reply after which you can plan to file money recovery suit.

T Kalaiselvan
Advocate, Vellore
88715 Answers
2409 Consultations

What advance is not payed through cheque and made payment by hand

If the advance was not paid by cheque or bank transfer then is there any witness to say that he received the said money in his presence, then that witness may be roped in before court to adduce evidence.

T Kalaiselvan
Advocate, Vellore
88715 Answers
2409 Consultations

in the matters where the payment is by hand there is no proof to show. in hand payments matters atleast a written acknowledgment or a receipt should be there.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

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