Refund of lease amount
sreekumar
(Querist) 08 May 2016
This query is : Resolved
I had been residing in a house on lease basis for Rs.10.5 lakhs. The owner while vacating house paid Rs.9 lakhs and the balance in the form of bearer cheque and asked to present the cheque after a week. In good faith a gave back the house keys. The original lease agreement is still with me.He has leased out the house to some one for Rs.12.00 lakhs.
Many times I visited the bank to draw the cash, but there was no balance. Now, the owner has become rude and telling he requires more time to pay. It;s already more than a month. If I go local police they seems to have taken some money from him and asking me to wait till he gives.
I think he is planning to cheat me.
Please advice with a suggestion to get my money back faster. PLEASE DO NOT ANSWER CONTACT A LOCAL LAWYER, WHICH ANYWAY I MAY HAVE TO DO.
Thanks in advance for your positive answer.
R.K Nanda
(Expert) 09 May 2016
send lawyer legal notice to owner to refund ur balance amount in cash only within 15 days time.
Kishor Mehta
(Expert) 09 May 2016
Sir,
File two cases, one criminal for cheating and other civil for refund of balance amount with interest.
Good luck,
Kishor Mehta
M V Gupta
(Expert) 10 May 2016
First u should get the cheque dishonored for want of balance from the bank. Then issue notice under Sec 138 of Negotiable Instruments Act for dishonor of the cheque within 15 days of banks endorsement. Get this notice issued in a proper manner through ur local Advocate. If the amount is not paid u have to file a criminal complaint under the section. very often the defaulter pay up the amount instead of facing prison life.
