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heena (manager)     08 November 2013

Cheating

Dear Experts.

i was staying in flat as tenant from 2010 to september 2013 in Mumbai.i have deposite security amount Rs 1lac to the flat owner. when i entered in the agreement and flat i got old painted flat .period of three years was peaceful without any issue. when i vacated the flat owner did not check the flat and told me handover the key to broker and he sent sms that he will refund my security amount with in 4days. after five days he said that i have changed the color of flat and some repairing work will be done so he deducted 30,000/- from my deposit as i asked him and broker has also told that painting works is not concern because i received old painted flat and i have not change the color it was changed by any other tenant before i entered and repairing works as told by me is 1000/- . but after 1 month he is not returning my amount and sending me false repairing bills which work was not intimated me. i request to  the police to book him in cheating case but police said this is not the matter of crime. please suggest me breach of trust and cheating is not disclose in this act. he did not show me any damage before initiated any work and did not ask for repair. i have vacated well condition good flat he did not checked before me.after handover the key next day labour entered in the flat and and after one week new tenant. he is putting false allegation. please help me



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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     09 November 2013

The fault is in your side.  You should not have handed over the keys of the house before getting the refund of advance amount.  If your ex-house owner is not returning the amount despite his assurance, you can lodge a complaint with the police against him for breach of trust and cheating and in case the local police is not taking any step to recover the amount, file a complaint with the copies of this this complaint with the higher police official seeking their intervention to direct the local police to initiate legal process in this regard, besides, file a money recovery suit in a civil court against him.


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