Under Consumer Protection Act, 2019 a tenant is consumer. Issue a lawyer's notice to landlord seeking payment of 15K unlawfully deducted with interest. After that file a complaint in District Consumer Forum under new Consumer Protection Act, 2019 under which proceeding are very fast. You will get refund with interest, compensation for mental harassment, cost of complaint and lawyer’s fee. For filing above case you will incur 5K expenses. It is not the question 15K but it is violation of your right. Any Advocate can file case in District Consumer Forum, you need not appear in the Forum, everything will be taken care by Advocate. But you not only get back 15K with interest, you can easily get around 30K and landlord will learn a good lesson.
Owner not returning complete deposit amount
Hi, I rented a flat in Pune PCMC region in November 2017 and the agreement was done, I paid 60000 as a deposit, I lived in the same flat till 27th May 2021. The rent agreement was renewed only in 2018 and then the owner decided to sell the flat so we both agreed to not renew the agreement. Now owner has deducted 15000 from my deposit for Society Maintenance and flat repair charges, whereas in agreement it was clearly mentioned that Licensor will pay any Maintenance and Taxes. This is mentioned in the Agreement for both years. Maintenance Charges: That the all outgoings including all rates, taxes, levies, assessment, maintenance charges, non occupancy charges, etc. in respect of the said premises shall be paid by the Licensor. Flat was owned by their Son who lives in US, his parents were managing his property here. now they have sold the flat. i have never paid the Society Maintenance in my 3.5 years of stay, for the times that i paid the Maintenance, always deducted the amount from my monthly rent and they never complained but now they are saying the maintenance had to paid by me. i have 2 questions now. 1. what can i do to make them return my money. 2. is it worth to take legal action for 15000 Rs? thanks.
6 Answers
1) litigation is long drawn and expensive proposition
2) it dies not make sense in taking legal proceedings for recovery of Rs 15 k
3) legal fees would be more than amount sought to be recovered
It is not a question of money but it is your legal right to ask for return of your money. What he wants exactly the same that you would not take any legal action. In my opinion, send him a legal notice through junior lawyer by paying some minimum money and thereafter file a suit for recovery. You have a good case and would decree with costs and interest to be borne by him or would compromise the case by paying litigation charges spent by you.
- As per law, both parties are bond to comply the clauses mentioned in the agreement legally.
- Since the agreement not having clauses for payment of such charges by the tenant , then landlord cannot deduct the same from the security deposit .
1. Issue a demand legal notice to the landlord , and if not refund then file a recovery suit before the court.
2. For filing the recovery suit , you have to pay court fee including the lawyers fees.
Dear Sir,
1.You can send a legal notice seeking the money back. If he doesn't comply to it then you can file a money suit.
2. Also you can approach the Consumer forum for the same cause of action.
3. The court fees and advocate fees shall be bourne by you. But the cost can be recovered by the court's decree.
It may not be worth to initiate any legal action through court of law for recovery of the paltry amount of Rs. 15,000/- because you may incur the court fee and the lawyer's fee itself twice the amount you may claim from the landlord.
That would not mean that you will leave him without asking him to return the deductions of an unjustified amount.
You can send a legal notice by yourself invoking the clauses where it is mentioned that the landlord shall bear the maintenance charges and other expenses whereas the landlord has now made deductions on it contradicting or breaching the agreement conditions.
For the purpose of putting pressure on the landlord you may send the notice by registered post with acknowledgment due.
