• Landlord not giving the security amount back

Hello,

I had been living in a pg for the last 2-3 years.
I vacated the house in april after giving a month's notice in march.At that time he said he will refund the security of 12000 when i leave but at the time of leaving he asked for a week's time so i left and he promised to give back the amount.Now it has been june and whenever i used to call him/msg he continued saying he needs more time and i kept giving him.But now he has even blocked my no. and i call him daily by different no.s and still no result.
I dont have any rent agreement for this.The only proof i have are the whatsapp chats where he kept saying he will return the money.I also have bank statement where every month i used to transfer 12000 rs as rent in his account.

I am really distressed.What are my legal options here now?

Regards
Palak
Asked 3 months ago in Criminal Law from Noida, Uttar Pradesh
Religion: Hindu

1. There is option to file civil suit for recovery of money . However considering the time and costs involved in such suit , it would not be plausible for you .

2. So lodge a complaint of cheating with Police on which basis the Police can register FIR. Once FIR is registered the owner is likely to refund your money to settle the case amicably. 

Devajyoti Barman
Advocate, Kolkata
17780 Answers
251 Consultations

5.0 on 5.0

send him a legal notice through counsel claiming refund of security amount along with interest,

Suneel Moudgil
Advocate, Panipat
1134 Answers
1 Consultation

4.3 on 5.0

You can issue landlord legal notice to recover your security deposit 

 

2) however fees for sending notice would be more than amount sought to be recovered 

 

3) go and visit landlord personally to recover your money 

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Give him a notice and file a criminal complaint in the police station.

Regards 

Rahul Mishra
Advocate, Lucknow
4310 Answers
11 Consultations

5.0 on 5.0

Hello,

You're bank statement will help you in proving that there is a legal relationship between you and the landlord. Now you need to send him a legal notice .

Regards

Swarupananda Neogi
Advocate, Kolkata
1056 Answers
2 Consultations

4.8 on 5.0

You can send him a notice and file a suit.  If there is a photo agreement then you can make him perform the said condition of returning pg deposit security

Prashant Nayak
Advocate, Mumbai
12732 Answers
22 Consultations

4.6 on 5.0

Police complaint with WhatsApp record.

FIR also can be filed through online portal for easy action

Vivek Arya
Advocate, Gurgaon
498 Answers
3 Consultations

5.0 on 5.0

Dear maam,

since you have the whatsapp chats that will be considered as a promissory note on his end and is legally enforceable. coming directly to the solution, it will be considered as a oral contract and you are entitled to get back the money. For that, you have to send a legal notice to the person concerned person demanding legal compensation and the money back.

hope that solves your query.

you can contact me for consultation. if any.

regards,

YUGANSHU SHARMA

ADVOCATE  

DELHI HIGH COURT

Yuganshu Sharma
Advocate, Delhi
127 Answers
1 Consultation

5.0 on 5.0

you have to share the agreement copy between you and your landlord so that the correct legal remedy may be suggested to you. You have the option of civil court to get your money back, but prior to that I suggest you to meet some lawyer personally with the documents copy.

Mohammed Mujeeb
Advocate, Hyderabad
10125 Answers
3 Consultations

4.5 on 5.0

Dear Sir,

Simple threaten him , that you will lodge a complaint in consumer forum.....still ,if he won't give, then simply give a written complaint along with the rent agreement form in the district consumer forum... If you not having rent agreement the Whatsapp messeges is sufficient to prove that he has to given the amount to you. 

Netravathi Kalaskar
Advocate, Bengaluru
3069 Answers
13 Consultations

5.0 on 5.0

Start by sending legal notice to him asking him to repay the entire amount along with interest within 15 days of receipt of the legal notice.

If he fail to do so, you will have to file a suit for recovery against him.

Siddharth Jain
Advocate, New Delhi
4720 Answers
52 Consultations

5.0 on 5.0

Hii.

Just go and police complain. It is imp At least he will not cheat the another person after getting lesson from you.

Rita Rajput
Advocate, Thane
154 Answers
1 Consultation

Not rated

Issue a legal notice seeking refund of your security deposit.

If the legal notice fails, report your landlord to the Police. 

Vibhanshu Srivastava
Advocate, New Delhi
8549 Answers
133 Consultations

5.0 on 5.0

You can send him a notice if on notice he fails you can file a suit to recover the amount from.the land lord.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

The best option to recover the amount quickly is by lodging a criminal complaint against him for the offences of cheating with the local police.

You prepare a complaint mentioning all the facts including your efforts to contact him through phone, whatsapp and in person.

You may state that his intention was to cheat you by not giving the amount intentionally, hence action may be taken to punish him legally for cheating as well as for recovery.

 

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

Please file written complaint with the Police Station of the jurisdiction.Ask the Police to register FIR under Fraud

Deepankar Kataria
Advocate, Delhi
193 Answers

5.0 on 5.0

for recovery of money you have to  issue legal notice and then file recovery suit along with interest. 

Mohammed Mujeeb
Advocate, Hyderabad
10125 Answers
3 Consultations

4.5 on 5.0

See police may deny taking a complaint on this as it is a civil dispute.

You need to file a complaint with address and other details.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

yes filing complaint before police is best 

 

you need his residential address 

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

You can give any alternate address. 

Prashant Nayak
Advocate, Mumbai
12732 Answers
22 Consultations

4.6 on 5.0

You can lodge a criminal complaint against the PG owner without mentioning his address also but you will be having his phone number, the police will call him by that hence you can proceed with your proposed complaint.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

Dear

You have two options available with you 

  1. One is sending a legal Notice through an Advocate which can be a bit expensive as compare to your recovery amount. 
  2. Other is through police complaint against your landlord for doing fraud with you and not returning your money.

And before using any option you can send a whtsapp message to landlord that if you don't return the money you will choose legal course to recover the money this way may help you to get money without using any of the above option. 

Mohit Kapoor
Advocate, Rohtak
3442 Answers
1 Consultation

5.0 on 5.0

Inform the police of the issue and tell them about the person and that he owns the house. The police shall call him up and tell him to come at the police station. Maybe the matter can be resolved by the police.

Regards 

Rahul Mishra
Advocate, Lucknow
4310 Answers
11 Consultations

5.0 on 5.0

No, will not be a problem. Mention his name,  mobile number and the PGs address. 

Vibhanshu Srivastava
Advocate, New Delhi
8549 Answers
133 Consultations

5.0 on 5.0

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