• House owner not returning my security deposit

Hi I have given a Deposit of 1.5 Lacs to my Owner who resides in US and his house is managed by property consultant here in Bangalore. I have vacated the house 2 weeks back and got it cleaned myself. As per my agreement he has to return the security deposit (after deducting 1 month rent + Painting charges) within 7 days of handing over the keys. But so far he has not returned the money. I have been chasing up, but all efforts in vain. The property consultant said that after vacating, he has to take photographs of the vacated house and send it to the owner for refunding the amount to my account.

Pls help as to what to do. I am now helpless and need the money urgently.
Asked 1 year ago in Property Law from Asia/Pacific Region
Religion: Hindu
1)you can issue legal notice to owner to refund your security deposit of Rs 1.50 lakhs 

2) if he fails to do you can file summary suit under Order XXXVII of CPC for recovery of SD with interest 


3) you can also file criminal complaint of cheating , criminal breach of trust against the flat owner
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
1) property management consultants must be having power of attorney of the owner 

2) send notice to owner and copy to the consultants 

3) the owner staying in USA would not like to be entangled in criminal cases in india 

4) after issue of legal notice you will get your money 
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
A. First write a e mail to the landowner and property consultant to return the Security Deposit by following the terms and conditions of the Agreement and mention the same to property consultant in the event of fail to obtain the SD within time you are liable to faces legal consequences in Consumer Court under the deficiency in the Service.

B. Subsequently, issue a legal notice to the land owner and copy to property consultant to recover the same amount . If no use from the notice, file a case under summary proceedings against the land owner to recover the amount with damages for mental agony.

B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
5.0 on 5.0
1. Lodge a complaint of cheating in the local police.
2. Once police call them in investigation you will see your money come back thick and fast.
Devajyoti Barman
Advocate, Kolkata
5186 Answers
54 Consultations
4.9 on 5.0
1. If you have not violated any clause of the rent agreement the landlord is legally obligated to return the security deposit in accordance with the agreement.

2. You should issue a lawyer's notice to the landlord to return the deposit. If it is not returned even after the notice from your lawyer you can proceed to file a lawsuit to recover your amount along with compensation for delay.

Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1. It is immaterial whether he is residing in US or India.

2. As long as the property is in India and the rent agreement was made in India he is liable under the Indian law.

3. Your lawyer can issue him notice at his US address or over email.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1. Wait for another 7 days and if you still do not get your refund send him a legal notice claimiming refund of the said amount and damage within another 10 days thereof,

2. In case he fails to refund your advance lodge a police complaint against him for cheating and also file a recovery Suit claiming refund of the said amount with interest, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
1. As pwer the agreement, you were supossed to get back your advance amount paid with in 7 days of handing over keys of the premise,

2. Make the Property Management Consultants a party to the complaint and suit to be lodged/filed by you. 
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
Have you entered into rental agreement with the owner or the property management  consultant?, or whether the agreement contains a clause of the said consultant?
If not, in what way the consultant is acting on the owner's behave, whether any GPA arrangement is there between the owner and the consultant?
However if the said consultant is the authorised representative of the owner, you may ask him to settle the amount immediately by issuing a lawyer's notice with a copy to the owner.
If the demand  is not complied with, you may approach the court of law for relief and remedy.
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
5.0 on 5.0
A. As suggested by earlier conversation that you have to issue a legal notice to the property consultant and land owner to provide proper service and as per the law, they have bounden duty to provide proper service to the consumer or customer based on legal obligation fixed by the land owner with in the law. Therefore, you may bring him before the  Consumer Forum under the deficiency in the service.
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
5.0 on 5.0
1. it is settled law that terms of the contract can't be changer afterward by oral statement. 

2. It is your landlord's liability to perform any inquiry after vacating of house. It is presumed by the law that landlord should complete every inquiry within 7 days, because time limit is stated the contract. 

3. You should consult with a local advocate and send him a notice with stipulated time to respond, don't give more than 7 days. if landlord fails to return security deposit then you must file complaint before rent control officer. 

4. landlord is bound by the contract to return security deposit and any he is liable to pay compensation if any delay caused by him. 
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0
In Smt Mahendra Kaur Arora vs Rent Appe Tribunal Jaipur &Anr, it is held by the court that if landlord does not refund security deposit within stipulated time then penal interest should be imposed @15% from the date of notice to the date of payment. 
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0

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