Regarding security deposit due on landlord

Ashish (Querist) 26 September 2012 This query is : Resolved
Hi Experts,

I am facing some trouble from my previous landlord. I have vacated his house 2 months back, and he hasn't settled the security deposit so far. He is neither picking up my phone nor replying to my mails.

I shall try to explain the case here. I was staying in that rented accommodation from April 2010. However after the agreement expired(March 2011), neither of us bothered to renew it. But on Sept-2012, he asked me to vacate the house, stating that the agreement has been expired. When I tried to know the reason, he expected a rent raise beyond the agreed percentage, to which I agreed. He said, we shall review the situation again by Jan-2012(All this communication happened through e-mails, we never signed any agreement for it.). By Jan-2012, he again asked me to vacate the house, by the time I had finalized a apartment to purchase, which would require me to take 3 months to movein. I asked him to allow me to stay here for few more months, to which he agreed upon, but with additional rent rise.
Now I have vacated his house, but he is not willing to settle my deposit of Rs. 1 Lakh, initially he said, he would settle once somebody occupies the accommodation, and asked my to wait, now another tenant has already started staying there, but he is avoiding my calls.

Can you please suggest me what all possible ways, I can teach him a lesson?

One more thing to be noted, He never gave me any rent receipts, when asked, he denied and asked me to get it signed by the caretaker instead. Similarly the agreement was also signed by caretaker. But I have all the transactions of cheques issued for rent, on his name. Is there any way by which I can approach IT department to scrutinized his Form-16?

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Shashikant V. Patil (Expert) 27 September 2012
Whether the Security deposit of Rs. 1 Lac given by cheque, if it is so , then it is feasible to recover. Issue one legal notice to return back the same along with the legal consequences i.e criminal as well as civil , he shall face.

prabhakar singh (Expert) 29 September 2012
WHAT WAS THE MODE OF PAYMENT OF YOUR SECURITY DEPOSIT?

IF IT WAS CASH ONLY PERSUASION IS THE REMEDY.

IF BY CHEQUE THEN DEMAND IN WRITING FAILING WHICH SUIT OF RECOVERY IS THE REMEDY.

Ashish (Querist) 01 October 2012
Thanks for your responses.

Yes it is through cheque, and I have the bank statement for that.

Please let me know the procedure of sending a legal notice.