My name is Raj Sahu. The issue is I was staying in Pune Area Undri. My agreement for 2 BHK Flat started on 01.02.2015 and ends on 31.12.2015, 11 months agreement, I told my owner that I will decide on renewing of my agreement, on 02.02.2016 I told him that I will leave the flat and this is my last month. I have paid all the rent in advance as per the agreement. And for the month of January 2016 and February 2016 also I have paid him the rent. (8000) in advance. The agreement is made legally on 7000 rent 30000 deposit and manually written 1000 as maintenance fee. For the month of JAN and FEB 2016 I have taken a rent receipt of 7000 for the owner signature on revenue stamp. On the agreement is written 8000 or the flat will be paint will be deducted from my deposit. And also its written minor defect will be considered and also on the agreement it’s mentioned that if I am leaving after 31.12.2015 Rs. 20000 will be charged as penalty per month. Today was my last day 29.02.2016, my owner came and cross checked the flat and find all ok and I have handed over the flat keys to him after that when I ask for the money he is telling that he will deduct 2 months penalty as 40000 and 8000 for paint total 48000. 30000 is already with him and 18000 more I have to pay , he is giving me threating that he will call police or take me to the court.
1) My question is he had allowed me to stay in the flat and take rent in advance for Jan and Feb 2016; I have a rent receipt also with me the how he can charge penalty 40000?
2) In the agreement it’s also written that the owner has to pay half the charge of agreement fee, however all the amount has been paid my me approx. 5000 rs. If I am going to the court how much money I will get back?
3) Can I file a case against him on count via the same advocate who has made the legal agreement?
4) I am a working guy and I don’t have so much time for the court case , so I want to know how much time does the count take to give the answer?