Landlord not returning deposit
My name is Siddesh, a resident of Mumbai. I was working in Bangalore(C.V Raman Nagar) till March 2014 and living in a apartment. I was lived in the apartment for nearly 17 months. I had informed the owner in 2nd week of Feb this year that I would be vacating the house in the last week of March. I told him well in advance since he would be able to provide my deposit amount on time.
Since I got a job in Pune I vacated the house on 25th March and expected to get my money but to my despair he initially tried to avoid meeting me and later he took back the original agreement and gave me a cheque with amount stated and his signature on it(without date) and told me that I would give you a call once I deposit the amount in this account.
Till Date he did not respond neither he receives my call. When called from an unknow number he receives and gives excuses stating I'm driving or in hospital and never replies or gives a call back. Since I recently joined in Pune its difficult for me to get leave and go to Bangalore.
He belongs to Congress party and has 2 Buildings while he is building his 3rd; and avoiding to give my money back.
Can anyone suggest me how should I go getting this resolved with since its difficult to manage my new job and travel back to Bangalore with no clue how to take this up.
Deposit Amount with the owner: Rs 40000/-
Rental Agreement Xerox: but upto nov'2013
Cheque signed by the owner with the amount but no date.
You can reach me on +919821921171 or mail me at firstname.lastname@example.org;
Asked in Civil Law from Bangalore, Karnataka
1. Fill the date with present date & deposit the cheque,
2. before that send him a legal notice also informing him that you shall deposit the cheque issued by him on such & such date,
3. Take action as per Negotiable Instrument Act, if his said cheque is dishonoured.
I dont think you need to give a notice informing about your depositing the cheque on a particular date.rather you deposit the cheque and on getting the same dishounoured , take steps as per law for filing cheque bounce case under Section 138 N.I.Act. feel free to call.
Advocate, New Delhi
Please act as per the advice given by learned colleagues. You need not give notice to the landlord before depositing the cheque.
1) fill in the date and depsoit the cheque of Rs 40,000
2) if cheque is dishonoured issue legal notice to licensor to make payment within period of 15 days .
3) if he fails to make payment then file complaint under section 138 NI
4) please note that your legal fees for prosecuting the case may be more than amount to be recovered
5) you can also file summary suit to recover the security deposit of Rs 40,000 .
Thank you all for providing your informative reviews.
Just few more things I would require details on:
1) Incase I have to file a complaint; will I have to go to a police station in bangalore or can the same be charged from Mumbai/Pune. Since I'm in probation period at my job it would be difficult for me to travel to bangalore since I cannot take leaves.
2) the most important point with Mr. Ajay Sethi highlighted is the fees involved in getting this sorted. I will not be able to afford paying more than the recovered amount.
3) Sir, since I'm not aware of the fees involved can you suggest me a good lawyer who could guide me through the process and getting it resolved. I can visit him in Mumbai/Pune on weekends.
Your reviews and response is much appreciated
or you can write to me @ email@example.com & mob: +919821921171
Asked 3 years ago
1) have to file complaint for cheque bouncing in Bangalore . cheque issued from Bangalore , house taken on leave and licence in Bangalore ,your agreement must be containing clause that in event of disputes jurisdiction would be Bangalore hence advisable to file complaint in Bangalore .
2) cheque bouncing cases take 5 years to be disposed of in Mumbai . litigation is long drawn process .
3) best is issue legal notice . wait for his response .
1. You shall have to file the case as per N.I. Act at Bangalore,
2. You shall have to issue him a notice as per N.I. Act after the cheque is dishonoured,
3. The case will take years to complete but you have a fare chance to win,
4. The land lord knows your difficulty in coming to B'lore for which he has taken the opportunity not to pay you,
5. he may relent if he finds that you have already deposited the cheque & he might face case under N.I.Act.