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Rent advance not yet received

(Querist) 02 March 2015 This query is : Resolved 
Dear Team,

This is to bring you in notice that We have left the apartment a year a back, Our Advance is not yet returned by owner, I have visited n number of times, I sent court notice. Still he is not obliging anything. I am badly stuck with owners don't care attitude.

Please suggest right process to get refund

Thank you

J P Saha
R.K Nanda (Expert) 02 March 2015
have u filed any recovery suit in court?
Kappil Cchandna (Expert) 03 March 2015
Dear,

Send him a strict legal notice and file a complaint for criminal breach of trust as he has was entrusted with the amount and he is not willing to return the amount .....

Kapil Chandna Adv 9899011450
Advocate. Arunagiri (Expert) 03 March 2015
File a civil suit.
ajay sethi (Expert) 03 March 2015
file summary suit under order XXXVII of CPC for recovery of your security deposit
GopalKrishna (Querist) 03 March 2015
Adding note in same query, The rent agreement is notarized. When there was debate of returning money. The owner saying notarized agreement has no value. Shall I go to local police station to file FIR. Please suggest for the same
malipeddi jaggarao (Expert) 03 March 2015
Police will not taken the matter. Has he given any receipt for advance rent? Has he issued monthly receipts while paying rent? You are from which State. In certain states rental agreements are to be registered. However, there is no relation between the notarized rental agreement and refunding the advance rent. You have already issued legal notice. Contact your advocate and show all the evidence regarding payment of advance rent (receipt if any, or bank statement if paid through Bank account, monthly receipts). Whether he has given reply to the legal notice or not? What is the amount involved. If it is few thousands, instead of filing a civil case spending good money for bad money is not advisable.
GopalKrishna (Querist) 03 March 2015
Thanks. I have paid all amount in cheque, which I have statement of it. I have to receive 25000/- from him
Devajyoti Barman (Expert) 03 March 2015
yes, suit for money seems only option left.
Rajendra K Goyal (Expert) 04 March 2015
File money suit.
GopalKrishna (Querist) 04 March 2015
What will be charge to file money suit with penalty of harassment and mental torture cum cheating
T. Kalaiselvan, Advocate (Expert) 06 March 2015
The charges for money suit namely the court fee, preparation charges, advocate fees, all of these will depend on the state and advocate whom you engage.


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