1) no need to bow down to pressure tactics
2) you have vacated premises on expiry of rental agreement
3)NRI is required to maintain NRO account
4) no case of cheating is made out
5) you can sue landlord to recover your security deposit
Harassment by Landlord and Police after vacating house
I lived as a tenant from oct 2018 to September in a rented house. For my exams, I overstayed 1 and half month, during which the owner filed a complaint in police station stating I am not vacating the house. The police called me to the station and asked me to vacate the house. I said I will co operate and vacate the house if the owner returns the deposit. The police went onto harass me continuously and took a written statement from me to vacate the house on 18th December. I was suffering from Intestinal infection when the statement was taken from me. The owner of the property is an NRI and as per rental laws the TDS has been deducted. However, after an investigation, I found out that the bank account in which he was receiving the rent since last 6 years is an illegal bank account as it is resident bank account and not NRI savings account. This is against RBI guidelines and FEMA. Now, that this is a serious violation, the matter is also coming under Enforcement Directorate. I have escalated the matter to the ED. Now that I have vacated the house, the police is calling me and asking me to settle the TDS matter as well. They are asking me to not escalate the matter to Enforcement Direcotorate. Also, one of the PSI is asking me to sign an agreement of the duration I overstayed. I have shifted out of the State of Gujarat and now am 2000 kms away. My exams suffered a bit with this issue. The dad son duo of the owner went on to call me as someone who is interested in gobbling up the property in the police station. The police is now insisting me to wrap up the matter and not escalate and sign the rental agreement. I have left the premises and handed over the keys with no deposit returned back. I am suspecting they might play foul and try to file an Cheating case against me. What are pre emptive measures I can take ? I am tired of picking up the police calls now as I now do not have the possession of property. Should I continue to pick the police calls and answer them?
Asked 4 years ago in Civil Law
7 Answers
You don't entertain the police telephone calls.
If it is torturous you may even block their number.
The police do not have any rights to interfere in the civil matter.
This is a civil dispute hence you may even issue a legal notice to concerned police instructing them to refrain from indulging in such illegal activities lest you may contemplate to initiate proper legal action against them.
You file a complaint to commissioner of police about the said illegality. File a writ petition in high court to take strict action against the said police officers
1. You should send a written complaint to ED against the act of landlord.
2. You should also send a written complaint to SP against landlord and police officials who are harassing you for taking the complaint back and threatening to file false cases against you if you don't wrap up the matter with them.
1. This is purely a civil dispute in which police has no role to play as no provision of criminal law is being violated. Cops have been bought, it seems, by the landlord.
2. You should have gone to the civil court and sought injunction against landlord and police to stop them from disturbing your peaceful possession.
3. A protection petition can be filed in the High Court to stop police from harassing you.
Police has no role in such mater, you can complain to Area SP. Complain to ED agasint both owner and police/SHO.
Avoid/ignore all the calls - just record their calls and demands. Without lapse complain to ED - preemptive. Don`t sign anything.
Pick some more calls and keep postponing and record every thing. When you get good proof of police illegal demand and threat. Block the calls.
Police can't inquire disputes between landlord, tenant. File writ petitiin in High court against police.
you can file a civil suit for recovery of security deposit along with interest .
