Civil case will be maintainable. Also a suit for specific performance can be initiated if you have agreement
Landlord not returning deposit
Could you please help me with the following: Facts of the case - I entered a leave and license agreement on 25 March 2019 in Mulund, Mumbai as a licensee (i.e. tenant). The agreement was duly registered. - I gave a refundable deposit of INR 250,000 at the start of the tenancy via /ac payee cheque. - One of the clauses of the agreement was: "The licensee shall maintain the said premises in its existing condition and damage, if any, caused to the said promises, the same shall be repaired by the licensee at its own cost subject to normal wear and tear." <Excuse the strange English but this is what the agreement says> - There was a lock in period of 6 months. I gave due notice and vacated the flat on 30th November 2019 on expiry of lock-in. - The landlord wanted me to get the house repainted but I told him that he should get it done himself after I vacate the house. I also told him that repainting is not required. - I sent a video of the premises to the landlord via whats app on 30th Nov 2019 (the day I vacated the flat), which clearly showed no damage to the property. The video included the picture of the day's newspaper so that it is clear that the date of video was the date of newspaper or later. The landlord said, looks OK to him but the broker will review. The landlord was leaving for Dubai at that time. - The land lord has deducted INR 20,900 for painting. INR 22,250 as 15 days rent on the grounds that he could not put the house on rent as it had to be repainted. Online registration charges of INR 3000 for new tenant, even though my lock in period had expired. - He has shared the grounds for deduction in his whatsapp chat with me. I want to file - A criminal case under IPC section 405/6 via a private complaint to court under crpc section 200 - A civil case to recover the money under CPC order 37 Could you please answer the below questions: - Is my course of action sensible? - Which court should I approach? The flat is located in Nahur/Mulund, Mumbai. I live in Hyderabad. The landlord had given the address of the flat (that was given for tenancy) as his address. I do not know where exactly he is living now. - Do I have to give a legal notice to the landlord and his wife (co-owner) before initiating criminal/civil cases - Do courts in Mumbai give generous cost compensation to the successful party (under section 35 of CPC?) How much of the litigation costs can be recovered from the landlord, if I win - If there is no major damage to paint, can the landlord really ask me to pay for repainting? Does it not come under normal wear and tear? Thanks, Abhishek
Asked 4 years ago in Criminal Law
Religion: Hindu
15 Answers
Litigation is long drawn and expensive proposition
2) you are at liberty to file private complaint with magistrate for criminal breach of trust by landlord
3) also file civil suit for recovery of money
4) you can issue legal notice before filing case
5) generous compensation is not awarded
6) you would be awarded nominal litigation costs
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 & Witnesses.
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.
Since this is a tenant landlord dispute the proposed case can be filed before a rent control court within the jurisdiction where the property is situated.
In my opinion no criminal case shall be maintainable.
You may seek the desired relief based on the conditions of the agreement entered between both.
Since the claim amount is comparatively low to that of the litigation expenses, you may judiciously decide about pursuing the matter with the given fact that you reside in Hyderabad and the conveyance and other costs involved to conduct and following up the case.
However you can send a legal notice mentioning all your demands and send it by registered post to his local address where his wife is residing and wait for his reply to decide about further course of legal action.
Ans:-Why has the landlord deducted the money after the lock in period, was the flat in a damaged condition when you vacated the flat.?
Before initiating any civil/criminal proceedings you will have to intimate the opponent by a notice duly served upon the parties.
Sir, the quantum of compensation depends from court to court and it is highly unprofessional to inform such quantum to you before hand. Litigation costs also are to be bone by the party initiating such litigation. Not always does the courts grant litigation costs in favour of the litigating party.
If you have enough proofs to show the court as to photographs of before and after, then it is for the court to clearly define the term wear and tear.
Dear Sir,
Do you have any rent agreement or it's copy in which the deposit is mentioned and you have complied with the conditions of the agreement?
Or anyother ways to proof that you paid the deposit amount? Any witnesses, or any written or recorded conversation?
If you have any way of proving that you have paid the deposit money you can file a suit for recovery of the money.
The lesser proofs you have the harder it gets to recover the deposit as it gives the landlord many option of defences to choose from like, complete refusal from ever taking any deposits or claiming damage and repairs to the flat, unpaid dues etc. A lawyer on scene would be able to advise you more exhaustively.
Not criminal case but civil suit will file for recovery of unauthorized and false deduction. Can try filling FIR or NC, might on police pressure, He may return. Include broker also as co accused.
First issue legal notice, if money not refunded in 7 days, you will be constrain to initiate legal proceeding against him and broker at their risk, as to costs and consequences.
In 6 months, who do re painting.
No compensation but interest on refunded amount. Case will file where property exits or where owner actually lives.
Thanks for guiding me. But I do not understand why some of the lawyers think that a criminal case is not maintainable. I am not a lawyer but I think it is a clear cut case of criminal breach of trust on the following grounds. Please explain why a criminal case is not made here: When I gave my deposit to the landlord, the deposit was my asset and not his asset. For him, it was a liability to be refunded to me at the end of the agreement. The asset was entrusted to the landlord on the belief that he will abide by the leave and license agreement and return the deposit to me on termination of the agreement. He has misappropriated part of the deposit in violation of the agreement. IPC section 405 says: 405. Criminal breach of trust.—Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits “criminal breach of trust”
Asked 4 years ago
1. OBVIOUSLY you did not properly read my reply, wherein I have suggested to file FIR for "breach of trust" alongwith other offences.
2. APPREHENSIVELY you did not understand my reply in its proper sense and that is why you rated my answers as "User rating: Average (3/5)"
main ingredients of Section 405 of the Indian Penal Code would show that there has got to be an en-trustment or dominion over the property in the first instance. It must be in respect of the property. The word "property" in Section 405 of the Indian Penal Code has been understood as movable property. Then there must be a misappropriation or conversion by the accused to his own use of that property, or he must have dishonestly used or disposed of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person to do so. When these ingredients are established, then only the offence could be held prove
2) The creation of the trust or the passing of dominion over certain property implies that the person to whom property is handed over does not become the beneficial owner thereof even for the time being. It further implies that there is a responsibility to return the article which has been deposited by the complainant.
3) landlord has to return security deposit entrusted to him on expiry of leave and licence agreement
Under the situation it becomes the duty of the landlord to refund the security deposit.
you may issue a lawyer's notice and draw him to court for recovery along with interest.
File recovery suit and I think this will also amount to criminal breach of trust under section 405 of IPC as well.
He has got valid reason to deduct the amount towards the repainting or repair works to be carried out after you have vacated and delivered vacant possession.
There is no criminal offence as you think.
If at all you are aggrieved then you may only file a recovery suit for the reasons you may rely upon.
In the course you may spend more than double to the claim amount.
Besides you may have to face lot of hardships in various forms especially with the given fact that you reside in a far away city to that of the place where you may have to file the lawsuit.
You can try but it's difficult to establish 406 ipc in court
Dear
1. It is not a criminal offence to deduct money from your security deposit as a landlord on said grounds explained by you.
2. But you can file a civil suit for recovery of dues on ground that deductions are not maintenable.
Dear Sir,
first make a list of your complain and arrange the logic why that complain is important, what kind of trouble you are facing. if you are logically true then you could dominate the argument, be definite but never raise your voice also don’t let go if you are not satisfied with counter logic.
but if your house owner wants you out then this way might not help. If you have an agreement paper with your house owner and he/she is creating trouble to an extent of harassment you may want to lodge a complain to the police.