• Flatmate not returning the complete amount as agreed upon

Hi Sir
I was living in one rented house with one more girl flatmate. I got the house through sulekha and she was already living there. She said she is the owner for me and I have to give rent and security  money to her, I gave 50000(online transaction) and she kept on postponing for agreement.After 2 months when I insisted her that either you give me house owner details or create agreement, she said she will give the details, but all in vain.She never came back with deails or agreement. Finally I asked guard and other residents of society to get the details of owner and inform owner about all this.
Later she started stealing my personal belongings, but as  I had no proof so I decided to leave the house.
Now I have given the room keys to her but she is not returning my money back. We agreed on 25000, I have her messages for this confirmation, but now she is saying she will only return 5000Rs.
Positive - I have her messages where she agreed to give me the 25000 amount
Negative -  I  dont have any agreement with her, So she is saying that do whatever you can as you dont have the agreement
I am really very tensed
What should I do ?
Asked 2 years ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) the mistake you made was you did not enter into any agreement with flat owner 

2) since the flat mate is refusing to return Rs 25000 file police complaint of cheating and criminal breach of trust against her 

3) you can also issue legal notice to her to refund your security deposit of Rs 25000 

4) going to court wont be a feasible proposition as litigation costs would be more than amount sought to be recovered 
Ajay Sethi
Advocate, Mumbai
45700 Answers
2688 Consultations

5.0 on 5.0

This is a criminal offence and hence involvement of Police can only sort out the problem.
Lodge a complainant with Police about theft and cheating and then see how the money comes lying.
Devajyoti Barman
Advocate, Kolkata
12880 Answers
166 Consultations

5.0 on 5.0

A. Generally agreement will be assisted to the parties to claim their rights. However,  Don't worry about non execution of agreement to establish your case.  You can lodge the police complaint under the cheating and criminal breach of trust based on electronic evidence i.e, SMS  transaction.

B.  You can approach the nearest jurisdictional police station to lodge the complaint and save the SMS carefully. However, in case if she used dummy SIM and IMEI Code for the cheating purpose that it is difficult to find out her. If you have photo or address proof, it will be very easy to complete the investigation task.
B.T. Ravi
Advocate, Bangalore
833 Answers
57 Consultations

5.0 on 5.0

1. It is not correct that she can refuse to pay the money and go scot  free as because there is no written agreement  entered in to by and between you two,

2. Oral agreement is also a valid agreement which can be proved with the help of circumstantial evidence,

3. You had paid her Rs.50 K through Bank transaction  which she has to account for,

4. Send her a legal notice claiming return of the said Rs.50 K within 15 days failing which you will take appropriate steps,

5. If she fails to pay you with in 15 days, file a recovery suit claiming recovery of the said amount with interest, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
18535 Answers
449 Consultations

5.0 on 5.0

Hi sir/madam, you have every right to get back your amount which was paid by you to the said lady. Firstly you have to give police complaint against her for the cheating and impersonation. In mean while the you have to issued a legal notice to her through advocate and demand to return a sum of Rs.50,000/- within 15 days from the date of receipt of the legal notice, if she failed to do so, you have to file civil suit for recovery of your money on the basis of message before jurisdictional city civil court Bangalore. and also you should collect more evidence through your mobile phone recording to consent of the same by using sweet and good words her to request for the same by you, and she agreed the amount of such rented house you play drama with her without her knowledge. If you have got same the proof, it will be very helpful to you get your full amount legally.  
C. V. Jadhav
Advocate, Bangalore
394 Answers
15 Consultations

4.5 on 5.0

In this type of situation first you should try to create  evidence or make her to commit to the payment by sending  a legal demand notice.   Let she reply denying the demand or making a commitment  to pay later, in any case you can  approach court for recovery through a money suit  after finding her not responding to your legal notice demanding the money. 
T Kalaiselvan
Advocate, Vellore
35869 Answers
390 Consultations

5.0 on 5.0

1. The rent including the advance rent and security deposit had to be paid to the landlord and not the tenant unless there was a sub lease.

2. The only legal recourse available now is to file a lawsuit for recovery in the court, which she will be entitled to contest.

3. Issue her a lawyer's notice before going to court.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

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