• Refund of security deposit from owner and owner is not paying is home loan EMI

I have taken a flat on heavy deposit for 2 year with rent Rs 100 and my aggremt has finish and my owner is not refunding my SD and he had take a home loan on that flat which ihave taken and he also not paying EMI of that flat recovery person are coming to flat and telling me seal that flat we have give loan on this flat i have given one notice to owner to refund the SD notice had give in last 4 months and also given one cheque from my owner  to me but it was bounce please tell me what to do and how to fil case on him and he is saying i don't have money to give you.my agreement is online registed which is expried for 2 months and 50% SD amount was given by cheque was also bounced and it over 3 months back cheque .how can i get my money back and bank will remove me from flat and seal the flat
Asked 3 years ago in Property Law
Religion: Muslim

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12 Answers

1) issue legal notice to owner to refund your security deposit

2) if he fails to pay file summary suit to recover your money with interest

3) rely upon cheque issued by owner which was dishonoured on presentation

Ajay Sethi
Advocate, Mumbai
82706 Answers
5254 Consultations

5.0 on 5.0

If you have sent a notice over the owner for payment of amount of which check was issued, immediately after the check was bounced then you can file a complaint for the offence punishable under section 138 of the Negotiable Instrument Act.  as far as eviction is concerned the bank cannot evict you from the flat merely on the basis of unpaid installment. Bank is bound to take order of eviction and taking possession over the house from the DRT.  if Bank produces search order of DRT then you should make an application before the DRT and take time for eviction. Your case is little bit complicated because you did not give a notice immediately after check was bounced.  but finally Bank cannot remove you from the house merely on the basis of unpaid installment

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1.Do not worry as the creditor can not tak physical possession of the flat as along as you are not evicted through legal recourse.

2.So default in making the EMI may give a temporary hassles toyou in the falt abut you can not be forcefully ejected from the house.

4.So recover the SD you can over stay in the property without paying rent so the arrears rent can be adjusted with SD.This remains suitable option to you in the circumstances.

Devajyoti Barman
Advocate, Kolkata
22452 Answers
353 Consultations

5.0 on 5.0

Since you have not issued the notice of cheque bounce under limitation period of 30 days now your 138 NI Act,Complaint is not maintainable.

So first issue a legal notice for refund(15 days) if within 15 days he does not refund then you need to file a summary suit before the Civil court to recover your amount. As payment was done by cheque and there is agreement the facts are apparent so file a summary suit fir recovery of amount, this shall proceed fast than normal suit.

Also bank cannot evict you as tenant on lapse of loan as first bank has to take possession of property under Sarfesi Act than for physical possession they have go through the eviction procedure in court.

Even anyone from bank threaten you or manhandle file a police complaint bank cannot force you out.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
135 Consultations

5.0 on 5.0

Immediately proceed to get refund of the security deposit

Sourav Kumar Mukherjee
Advocate, Kolkata
12 Answers

4.0 on 5.0

You can send him a notice for cheque bouncing and file a criminal Complaint in court for cheque bouncing. You can also file a suit for recovery of your SD from him.

Prashant Nayak
Advocate, Mumbai
23442 Answers
49 Consultations

4.4 on 5.0

You can file cheque bounce case if it is not barred by limitation.

Or else you can file a money recovery suit on the basis of the cheque and other evidences for having given him the SD earlier.

Have you issues the statutory legal demand notice?, if not first serve the notice on him and then plan for further legal actions against him.

T Kalaiselvan
Advocate, Vellore
72791 Answers
1111 Consultations

5.0 on 5.0

Hello,

You should have filed a case under 138 for the cheque bounce issue.

Send a legal notice to him at the earliest, if he does not refund the same then go the police and lodge a complaint against him.

Also, you may file a summary suit to claim the compensation.

regards

Anilesh Tewari
Advocate, New Delhi
17868 Answers
325 Consultations

5.0 on 5.0

issue legal notice to owner to refund your security deposit

2) if he does not refund continue in possession till SD is adjusted

3) inform bank you would vacate flat on refund of your security deposit or till it is adjusted

Ajay Sethi
Advocate, Mumbai
82706 Answers
5254 Consultations

5.0 on 5.0

Issue legal notice to the land lord to refund the security he has to refund it.

Also bank cannot evict you like this a tenant has his all right the bank also has to seek permission from court to evict you.

If bank employee or anybody try to force register a police complaint.

Also inform the senior bank manager or official through written letter that you are legal tenant and they cannot evict you force you are legally entitled and further inform them that the employee are forcing you without permission if.this time they do so you will lodge a complaint

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
135 Consultations

5.0 on 5.0

Bank cannot put a seal on their own, they have to follow due process of law for this.

The dispute is between the landlord and the bank hence you cannot be forcibly evicted by bank for any reason.

You can file an injunction agaisnt the bank and the landlord for this threats and unlawful activity.

T Kalaiselvan
Advocate, Vellore
72791 Answers
1111 Consultations

5.0 on 5.0

You please contact a lawyer and file a suit in the court to claim compensation,

They surely have the power to seal the premises.

regards

Anilesh Tewari
Advocate, New Delhi
17868 Answers
325 Consultations

5.0 on 5.0

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