Suit for recovery of security deposit is barred by limitation
however you are at liberty to file criminal complaint of cheating , criminal breach of trust against the licensor
Deposite not returned by licensor
We had rented a commercial premises in September 2012 in Nagpur with 3+3+3 years, total lease period was 9 years with lock-in period of 2 years along with the option of outright purchase of property withing the lock-in period but between the 6th to 12th of lease as per agreed rates and terms stated in MOU. We had paid Rs. 15,07,500/- security deposit to licensor. Due to business losses we had given 6 months prior notice of vacation the premises on Sep 1st 2014 which was accepted by licensor on 11 sep 2014 and make a note on prior notice to adjust 4 months rent from deposit that means we do not have to pay rent for last 4 months till march 2015. In March 2015 while vacating the property licensor given verbal offer(But no documents signed) to purchase small area from our existing office with rate and adjust our Deposit of Rs.15,07,500/- given to him as a advance, somehow we also got ready and paid all rent till March 2015 on 24-31 march 2015, But in April We got business termination mail from client and same we have told to licensor that we are not going to continue purchase deal of small block further. So he said let me given advertisement for other licensee as in condition that was. It took another 4 months in the mean while we paid rent to him for period of April 2015 till July 2015. After we both agreed he said that it's ok now don't paid any more rent and he will return to deposit amount, After that I have contacted in each month on call as well as visited to his office too for my deposit refund but he used to avert every time with different excuses. till yet he did not returned our deposit amount, In August 2020 Our lady account manager with one of our company director went to his office for amount and what is the calculation he made about our deposit asked by account manager. Instead of Talking calmly he started shouting and thrown papers on her face, and he tried to get on body on both of them. He also threaten to both of them that if they come again in that case he will throw them from floor. Please help us in this situation.
Asked 4 years ago in Property Law
Religion: Hindu
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6 Answers
You need to file a civil suit against him for seeking your security deposit back from him
it appears that you have not taken any legal action to recover your deposit amount for more than 5 years as of now.
Now you may have to make him to acknowledge the possession of your deposit amount by issuing a legal demand notice to him.
If he is acknowledging to have the deposit amount with him then you can proceed with a suit for recovery of your deposit amount with interest from the date of termination of the lease agreement till the date of realization.
Thank you Ajayji, PrashantJI & T Kaliselvanji for your suggestions. @T Kalaiselvan :- I have not taken any legal action because I was trying to get back my deposit with our old relations. But It came to my knowledge that Father and son both are having same habit of this kind of exercise moreover they have already facing this kind of cases. You said I may have to make him to acknowledge the possession of your deposit amount by issuing a legal demand notice to him. But I am 100% sure that he will refuse the same. @Ajay Sethi & @Prashant Nayak : is it permissible to fill case after such long time?
Asked 4 years ago
Civil suit is barred by limitation
however criminal case of cheating and criminal breach of trust is maintainable against the licensor
Since it is barred by limitation, you may ave to send a legal demand notice to him without mentioning anything like the claim is barred by limitation etc.
You can send a plain legal demand notice stating that your deposit amount is held by him which is evading to return despite many request made over phone and in person.
You can also state that on the basis of the evidences in your possession for having made the security deposit with him you would sue him before appropriate court of law for recovery and also to initiate criminal action agaisnt him for cheating and breach of trust offences.
He will certainly give a reply if your notice is sent through a lawyer which itself would serve as an acknowledgment.
After getting his reply you will become eligible for filing a money recovery suit with he fresh time limit beginning from the date of his reply notice.
Actually you need to file it within 3 years of limitation but you file the same stating that he assured till date that he will pay and finally you filed it now when he refused