I and my current roommate planned to shift to a different location and rent a flat together. After finalizing all terms and with mutual agreement I paid 20k as token advance to the new owner. Now the other party backed out of this citing some personal issues. Now my 20k is stuck and the other person said to bear the loss equally it 20k. he paid me back 10k. Where as I still lost 10k because of his personal reasons to change the decision. After consulting the police I wanted to file an FIR. Wanted to know how can I pursue this legally. Want to file a complaint for all the mental trauma and harrasment I had to go through. Kindly advise
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You cannot file any complaint against your roommate on this.
In fact he has compensated the loss towards his share, the other half has to be borne by you and you cannot expect him to compensate the entire loss.
No police complaint or any legal action would be maintainable.
Moreover you may suffer more loss by taking any legal action on this and that too which may not fetch you any fruitful result
See legally you cannot press any charges of the person failed to take flat with you, see there was no binding agreement it was just understanding and the person has paid you damages for same.
1) ask the flat owner to refund advance received by him as you are not renting the flat
2) if he refuses to refund your money then ask your room mate to pay the balance Rs 10000 loss suffered by you
3) no need to file police complaint
1. Since you have not used the premises even for a single day the landlord is bound to return the advance of 20K.
2. Since he has not done so you can very well file the case of cheating and fraud.
3. So lodge a complaint with local police on which basis a FIR can be registered and under pressure of getting arrested he can refund your money.
You can file an FIR or complaint in court for the same
Is this agreement verbal or written? For verbal commitment without any witness or proof shall have no consequences.
And this is civil matter no role of police, if you have some connection than only possibility that police may call him and warn to make the payment.
Either you can send legal notice to your friend or roommate or try to get new roommate with you and take 10k from him.
you cannot file any complaint against him better settle dispute amicably. ask with landlord to return advance amount after deducting some compensation etc.
How will you prove that the other party have agreed to rent the property jointly and he have backed out of the deal due to personal reasons.
This is not a criminal case but you can file civil suit for recovery of 10k from that person but burden of proof will be on you to prove that your roommate have caused you the loss.
Dear Sir,
If police cooperate then you can recover the same. At the most the owner may retain 10 percent of advance if had caused any loss or mental trauma.
