I seek legal advice regarding an issue involving two separate rented office spaces I had in a commercial complex: 1. I had leased an office space (second property) in a commercial complex. 2. This office was forcibly locked by the commercial complex’s management committee along with the owner of that particular property — an additional lock was placed, and I was denied entry. 3. The owner informed me that he would not be renewing the lease, but at the time of the lockout, there were still two months remaining on my valid lease. 4. The owner of this second property continues to hold my security deposit and has not refunded it. 5. Separately, I had rented a different office (first property) in the same complex, with a different owner. The management committee pressured me to pay outstanding society charges for that office as well — even though the security deposit for that office is still held by the first owner and remains unreturned. 6. I have not received the refund of my security deposits for either of the two offices. 7. I was not given any prior written notice or served any legal eviction notice before being locked out and denied access to my belongings. I have collected the following evidence: • Photographs showing the locked office • WhatsApp messages from both the second property owner and a member of the society management committee • Several voice recordings that document discussions related to payments of society charges and the process of lock removal My questions: • Can I file a legal case against the property owners and/or the management committee for: o Wrongful lockout and denial of access o Non-refund of security deposits o Harassment and coercion • What remedies and compensation can I seek under Indian law? • Should I pursue this matter in civil court or consumer court? • What would be the most effective legal approach, and what additional documentation should I prepare? Thank you in advance for your guidance.
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you can sue the property owners under provisions of section 5 of specific relief act and seek court orders to be placed in possession as you were wrongly locked out during period of lease . owner can evict you only after following due process of law
2) you can also file police complaint of cheating against property owners for refusing to return your security deposit
3) You can also file a civil suit to recover the money
You can file civil suit for recovery of security deposit and compensation for all the above illegalities against the said person
- As per law, the termination of the tenancy is necessary for evicting the tenant
- Since, no notice has given for the termination the lease deed and the entry denied in the tenanted premises , it means that till date you have right to occupy the said premises.
- You can file a complaint to the police for evicting you illegally , and can also file a case before the Court.
- Further, you have right to claim the security deposits for which you can approach the Court.
You can file a suit for permanent injunction against the owners to restrain them from forcibly evicting you from the rented premises other than by due process of law.
As the owners did not issue an eviction notice by terminating the rental agreement, but denied entry in the tenanted premises , it means that till date you have right to occupy the said premises.
You can also ask for the relief of recovery of possession by removing the illegal locks put by the owners to prevent your access to the belonging in the rented premises and also to pay compensation for the damages you suffered including mental agony.
You can also demand refund of the security deposit with interest from the date of illegally locking up the premises.
You can lodge a criminal complaint against the management committee for unnecessarily torturing you in collusion with the property owners.
You have strong grounds to take legal action for wrongful lockout, non-refund of security deposits, and harassment. I recommend sending legal notices to both property owners and the management committee demanding immediate refund and compensation. You may also file a complaint in the Consumer Court for deficiency in service and mental harassment, and optionally a civil suit if you wish to claim possession or further damages.
Dear Sir/Madam,
It is suggested that in present circumstances, you may file a legal case for recovery, damages and compensation against the property owners and/or the management committee for the acts of wrongful lockout and denial of access, non-refund of security deposits, Harassment and coercion, etc. The case may be filed in civil commercial court. But, before filing the case, you must serve a detailed legal notice asking for the recovery of amount, damages and compensation and if the same is not responded or responded negatively, then file the case.
Thank you all for your inputs. I have collected substantial evidence as mentioned earlier (photographs of the locked office, WhatsApp communications, and voice recordings regarding society charges and lock removal). I now wish to take formal legal action to: - Recover the security deposits from both property owners (for two separate rented offices in the same commercial complex) - Seek compensation for financial losses and harassment - Address the unlawful lockout and coercive actions of the Commercial Complex Society Management Committee I intend to issue legal notices to: - The owner of the first property - The owner of the second property - The Management Committee of the commercial complex society Kindly advise: - The appropriate legal process and steps to initiate this action - How to draft and serve a legal notice effectively. I understand this will be a seperate paid legal service - am I correct? - Any documents or additional evidence I should compile to strengthen my case Thank you.
If you are not able to compile the data to draft an effective and strongly worded legal notice then you may better consult an advocate from this website or choose a lawyer from outside, give proper instructions to the chosen advocate to prepare the legal notice and proceed accordingly.
You may have to pay the fees on the terms of the chosen lawyer for the purpose.
Engage any lawyer to send legal notice
In case no reply is received file suit against the owners
Yes, you can file a consumer complaint for deficiency in service and civil suit for refund, damages, and harassment.
Steps:
Send legal notices to both owners and the society.
File case in Consumer Court for refund + harassment.
File civil suit if claiming possession/damages.
Collect: lease agreements, photos, chats, voice recordings.
Yes, legal notice drafting is a paid legal service.
Dear Sir/Madam,
It is suggested that it depends on the advocate and his skills as to how the notice would be drafted. Some advocate can intelligently draft 3 separate notices for each/separate addressees i..e. first owner, second owner and management committee whereas some advocate can draft single notice incorporating all the details for these 3 addressees. You have to contact the advocate of your choice, through the portal and there will be separate charges for the same. The advocate will suggest you clearly in regard to the douments to be attached or not.
- The legal notice should be issued by a lawyer
- The photograph can be submitted as evidence
It’s better you send it through advocate for more accuracy and legality
