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Tavishi (TL)     15 May 2015

Landlord care taker not returning token money

We are in Chennai and soon shifting to Bangalore so we have finalized one apartment on rent in Bangalore through a broker named Kush and transferred the token amount of INR 5000/- on some lady’s account whose account details were send to us  (Not sure if she is owner’s wife) through online transfer provided by broker on 12 May. As per our broker Kush- after the money is transferred then only we can get the draft agreement copy. As we are in Chennai so later on 13th may we received email from some other broker named Moin (other than my broker) the draft of rent agreement and he had clearly mentioned on the email to the owner & caretaker that if any changes are to be incorporated, let him know . On few points we have doubts and we did not agreed and that we have checked with our broker Kush to change some points on the agreement which he said would check with the owner and confirm.

Secondly there were few points also on payment terms that we had conveyed to our broker Kush initially that we would only be able to go ahead with the contract if owner is ok with it but later Moin sent email with some other amount which we didn’t agreed upon. After all these communication happened, we came to know that there is third person also involved in this process who is caretaker and /or friend of the owner named Ravi and among these three no one is the actual owner. Later I had discussion with Ravi who is friend and caretaker of the owner's house and again some condition has been added and his approach was rude and also he clearly said that if it’s all ok with me we will go ahead with the agreement or he will return the token money. Just after 15 min we informed that there are so many conditions that are not acceptable to us to our broker Kush and also sent out email confirming the cancellation on the same email communication. As a good gesture I called the caretaker Ravi Shankar to inform but he talked to me very rudely and was abusive and now just to satisfy his ego he conveyed to his broker Moin that he will not return the money. The owner of the house is someone else and this care taker is creating all this nuisance. Owner is GM in IDBI bank in Mumbai and I am sure he is aware of all this as he’s copied on the email communication. I have also written email to him but did not have any reply. 

Kindly suggest how I can go ahead further to recover my token amount as there has been no delay from my side in conveying that we will not go ahead with this deal. The amount of money might be very small but this practice of making fool out of people and taking their hard earned money is something I need to fight for. Secondly few conditions mentioned in agreement is not ok with us and third and most important is that the caretaker Mr. Ravi who is abusive and rude even before signing the contact in that case how can I go ahead with the deal where I don’t know how he will behave with me in future as he is the person who is representing on behalf of the owner.

I have Agreement draft copy on email, all mail communication, Online Payment transfer details, account details where the money is to be transferred received from broker as a sms.

Parties Involved:

1.     My broker – Kush

2.      2nd broker (Kush’s contact) – Moin

3.      3rd person (Moin’s client) – Ravi (Owner’s friend/caretaker)

4.      4th person – Mamatha (to whose account the amount was transferred who is either owners wife or caretaker’s wife)

5.      5th person – Owner Mr. Murthy

Please suggest how to take action against them for recovering my token amount and for all the mental agony caused to me for their actions.



Learning

 6 Replies

bsrao   15 May 2015

Go to the police station and lodge a written complaint on how you are cheated.

Tavishi (TL)     15 May 2015

where i need to lodge complain in banagalore or in chennai ... can you suggest any lawer who can send legal notice to these cheaters ... 

 

Tavishi (TL)     15 May 2015

Can I take up this case in consumer court. Any suggesstion and guidence.

bsrao   15 May 2015

Any lawyer would charge you. 

From the facts narrated by you, I do not think it comes under consumer act.  

You were gullible and they took advantage. 

 

advocate nitin kumar (lawyer)     15 May 2015

i could not read the whole question because it was too long

but still i have understood the issue

 

so my advice to you is to file a police complain against the peoples who made fool of you because this a cognizable offence so police is the first government authority to help.

approach the local police station which has jurisdiction in that area with the detailed FIR of the incident and seek action u/s 403, 405, 415, 420 and various other sections of the IPC.

 

also name all the persons involved in the matter.

do not worry the police will take the action and teach the cheaters a lesson 

even if they do not help then the other option is to approach magistrate of that area.

hope that helped.

T. Kalaiselvan, Advocate (Advocate)     17 May 2015

There are lot of middlemen in this case.  First of all the token payment was done to a wrong person which you did not question at that time before transferrring the amount.  Second thing you did not question your broker Kush when he directed you to aother broker.  Third thing you allowed the so called care taker Ravi to deal with you and the rentral agreement and also to behave rudely with you without questioning his authority and discarding the entire issues in the beginning itself smelling something wrong with too  many people being involved in this.  After having made mistakes after mistakes, now you seek advise to overome your own mistakes. Well you may to issue legal notice to all these people who dealt with the rental agreement matter including the person who received the token payment with a copy addressed to jurisdictional police station and the City police commissioner, Bangalore, which will rattle the issue and would create some fear in the brokers involved in cheating.  Take the  help mof a mlocal laweyr and send a legal notice even if the lawyer's fee is more than the amount what you have to recover from them. 


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