File police complaint against landlord for cheating, criminal breach of trust under section 406,420 of IPC
also file civil suit to recover your money with interest
What are the legal courses available with me if my Landlord is not returning the Security Deposit after the termination of Leave & License Agreement.
File police complaint against landlord for cheating, criminal breach of trust under section 406,420 of IPC
also file civil suit to recover your money with interest
File money recovery suit along with interest and appropriate amount of compensation for loss injury and mental agony after giving him a notice in this regard.
You have to sue him for not honouring the agreement.
I'm prepared to be your advocate. So contact [deleted]. ([deleted])
Hi,
You are suggested to serve a legal demand notice for returning the amount and if not returned by then also file the case of recovery.
Hello,
Send a legal notice for the same.
if he does not return the same thereafter, you may go ahead and file a summary suit for recovery.
Regards
Dear Sir,
If receipt acknowledging the returnable deposit is annexed by landlord in the agreement itself, he is bound to return it, you'll have to send a notice demanding the return of deposit to him and in the worst case you also might have to proceed against her through a Suit for such recovery. Kindly clarify and provide more details for a better answer. However, its subject to the contents of the receipt annexed to the agreement.
You can approach to your local police station and file complaint under section 420 and 406 otherwise you can approach to the criminal court and file the same in the criminal court you have another option to file money suit to recover your money in the Civil Court is a civil case
Hello Sir,
Please be advised as follows:
Your case is fit and apt for filing a recovery suit against your Landlord taking into account the factual scenario.
The recovery suit is filed under Order 37 of Civil Procedure Code. The content of the provision are as follows:
Rule 1, Sub-Rule 2 makes it applicable to all suits upon bills of exchange, hundies and promissory notes or the ones in which a Plaintiff seeks only to recover a debt or liquidated demand in money payable on a written contract, an enactment, where the sum to be recovered is a fixed sum of money (Relevant for your case) or in nature of any debt except penalty, a guarantee - in respect of a debt or liquidated demand.
Rule 2 requires an Order 37 Suit to contain among others, a specific averment that the Suit is filed under this Order and no relief which does not fall within the ambit of this Rule is claimed.
Under Order 37, there are two stages of getting the Suit decreed. One is at the stage of Rule 2(3) and the other is at the stage of Rule 2(6).
Rule 2(3) states the procedure for appearance of Defendant which is within 10 days from the service of the summons on him. After entering appearance, the Plaintiff serves on the Defendant summons for judgment within ten days from the date of service supported by an Affidavit; verifying the cause of action, amount claimed and that in his belief there is no defence to the suit.
Rule 2(6) states that in case the Defendant does not apply for a leave to defend, (a) the Plaintiff shall be entitled to judgment immediately or (b) the Court may direct the Defendant to give such security as it may deem fit. Sub-clause 7 states that in case sufficient cause is shown, the delay in entering an appearance or in applying for leave to defend the Suit may also be excused
Pointers to Note:
1. Be prepared with the lease agreement.
2. Receipt of all the rent that you must have paid. (if possible)
Revert in case of query for consultation.
Thank you for your time and Consideration.
Firstly, send him a legal notice demanding payment of security deposit back within 15 days. And if the payment is not made within 15 days, then you can file a recovery suit for recovery of the amount of the entire security deposit along with interest.
See you can issue a legal notice for recovery of amount if on notice als he fails you need to file a suit before the court to recover the amount from the landlord.
Dear client
You can file recovery suit to recover your security deposit if it is written in the leave and licence agreement and you have proof that he has not returned your money.
1. Serve a lawyer's notice to him to refund the security deposit.
2. If he still does not return it then a suit for recovery of money will have to be filed in the court,
You can issue a legal notice demanding the security deposit with time stipulation after which you can file a money recovery suit.
This is my response to you:
1. Firstly discuss the whole facts;
2. Send a legal notice;
3. If it does not work then you will have to approach rent controller authority;
4. Consult a local lawyer and take steps.