Non-refund / partial refund of security deposit
Hi
I need some simple advice regarding non-return of security deposit by our landlord even after vacating her premises. She has now already leased it out to another tenant.
We had returned one of the two sets of keys to main door at the time of vacating the premises and have subsequently returned all the keys (including inside wardrobes). She claims that certain keys are missing and flat is not deemed handed over unless all keys are returned. Citing this, and other exaggerated claims of flat being left in unclean condition, she is adamant on deducting / retaining a major (unfair) share of our security deposit. Kindly advise if it is sensible to approach a consumer court or lodge a police complaint.
P.S. The agreement is in the name of her mother.
Exact relevant clauses below:
Clause 5. "In addition to the above license Fee in order to ensure the due compliance of term and conditions of this agreement by the licensees including vacating the said Licensed premises and giving back the possession to the licensor on the expiry of this Leave and License Agreement the Licensees shall keep deposited with the licensor a sum of Rs. 2,00,000/-( Rupees Two lacs only) (hereinafter referred to as “security deposit”) which would not bear any interest for the entire period of the agreement to ensure due performance of terms and conditions of agreement. Of said deposit of Rs. 2,00,000/- ( Two Lacs ), a sum of Rs. 1,50,000/-(One lac fifty thousand )would be returned to the Licensees by the licensor on the Licensees handing over the vacant and peaceful possession of the licensed premises to the Licensor on the expiry of the said license period or earlier determination thereof. This residual amount of Rs. 50,000/- (Rupees Fifty Thousand) would be returned at the end of 30 days of the Licensee according to clause 8."
Clause 18. The licensees agrees to indemnify and keep indemnified the licensor against all costs (including the costs of defending) any action, proceeding, suit, etc. by virtue of any act or omission of the licensee or persons claiming under him, in breach of any provisions of this agreement
Asked 9 years ago in Property Law
Religion: Hindu