• House owner not returning SD completely

We took this flat in 2016 for 33 month's rent @ 22000 per month with 10% increase every 11 months on rent. SD of 120000 paid. The building has leakage issue for long. When we took this house the owner has painted the house (to hide the leakage mark on the walls), so the leakage marked was not clearly visible. After 1st monsoon the bedrooms walls started dripping. And things got worst year after year. We finish the 33 months tenure and vacated the property, on asking him for SD, first he delayed the deposit refund and paid only 100000. He said 20000 is deducted for painting...! After every monsoon we have requested him to correct the walls, repair them... which he didnt. 

Now we are chasing him for the balance. He is not reverting and giving execuse of painting to be done for next tenent. 
I have taken pictures and videos of the house when we vacated the house. The condition are clear sign of water leakage. 

Need help and advice how to deal with this situation. I need by balance amount.
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 2 hours.

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9 Answers

Send him legal notice for recovery of Rs.20000/- with interest from local advocate. There after file a suit for recovery along with interest and legal expenses incurred in this regard.

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

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
19299 Answers
32 Consultations

4.7 on 5.0

See you can serve a legal notice for the recovery of security deposit if on notice he fails then you have to file a civil suit claiming the amount back from the said person. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You need to file recovery suit for the security deposit in civil court. 

Prashant Nayak
Advocate, Mumbai
31905 Answers
179 Consultations

4.1 on 5.0

1) issue him legal notice to to refund your Rs 20000 being balance amount of SD 

 

2) there is no clause in your agreement that licensor can deduct Rs 20k for painting 

 

3) file police complaint of cheating against him if he fails to refund your money 

 

4) no need to file suit as legal fees would be more than money sought to be recovered 

Ajay Sethi
Advocate, Mumbai
94651 Answers
7522 Consultations

5.0 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear,

          First send legal notice to him for the remaining money.

           If is not returning money then file police complaint.

           Court remedy is last remedy, because it will take time.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Send a legal notice to the landlord seeking refund of balance SD.

The above legal notice needs to be sent through a lawyer.

In case the needful is not done despite the legal notice, report this matter of cheating by Landlord to the local Police.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Issue legal notice for refund with interest. Court proceeding will time consuming and further expanses in court case.

Try if Legal notice may recover the amount.

Yogendra Singh Rajawat
Advocate, Jaipur
22621 Answers
31 Consultations

4.4 on 5.0

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