• Non-refund / partial refund of security deposit


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 3 years ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
1) what is amount of security deposit returned by licensor ?

3) at time of handing over possession did  the licensor give in writing that flat was not in habitable condition and as such part of security deposit is being retained . 

3) issue legal notice to licensor to return your SD 

4) if licensor fails to do so file summary  suit for recovery of the amount with interest 
Ajay Sethi
Advocate, Mumbai
45700 Answers
2688 Consultations

5.0 on 5.0

1. This is a tactic followed by most landlords.

2. If you have handed over the possession of the premises in accordance with clause 5 then the landlord is obligated to return the security deposit in consonance with clause 5 and clause 8.

3. Police has no role to play in your case.

4. The only legal recourse available to you is before a court of law. However, before going to court you may issue a lawyer's notice through your lawyer to the landlord seeking the return of SD. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Hi, you can not approach consumer court for this, it is better you can lodge police complaint and thereafter you have to file a suit for recovery of money as landlady has failed to pay the security amount.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

1. You should have taken her written acknowledgement while handingover the said keys to her,

2. However, since she has further leased the said premises, it is evident that she has been handedover the said premises,

3. This is not a case to befiled befoe Consumer Forum,

4. Lodge a police complaint against her for cheating you by refusing to refund you the advance amount paid by you,

5. You are required to file a Recovery Suit claiming refund of the unpaid advance amount with interest, damage and also cost.

Krishna Kishore Ganguly
Advocate, Kolkata
18532 Answers
449 Consultations

5.0 on 5.0

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