Background points:
- I had rented a flat beginning June where rent was mentioned to be 40k (shared by 2) and deposit of 1,50,000 (shared by 2)
- When we went to create the agreement owner showed an older agreement which was prepared again to be signed by us - but indicated rent only as 20k, I mentioned that was not acceptable if they are charging 40k.
- Because of my workload I asked the landlord I would be willing to continue to stay - with the 20k rent agreement only if they give me a rent receipt at least for 20k to me. They agreed
- It has been 4 months since and No agreement has been prepared by the landlord
- I have photos of the old agreement and a photocopy - it just mentions a notice period of one month to be give if tenant is vacating (nothing else mentioned)
Current dispute:
- I have given a full 1 month notice to the owner end of august because of my transfer, so I had requested the deposit to be refunded after deducting Sep rent as I had not paid that till then (Or full refund if I pay sep rent)
- But the owner is refusing to pay back the full amount but only 35k stating you are leaving within 6 months so they will deduct additional month rent. (there is no such mention in the agreement). After I argued for a long time they mentioned to deduct 30k which I still feel is unfair, as I have given full one month notice and have never created any issues/concerns during my entire stay.
Now since they have not prepared the agreement, in absence of that how can I get the full deposit back. I have the photocopy of the older rent agreement which was shown to us, original owner is saying they have lost it :S.
I don't see any other option but to lodge a police complaint (should I contact a lawyer ?).
Please advise.
Ank
*Owner has not prepared the agreement /
I don't think any police verification was done (I thought that's required in Mumbai) /
They are charging higher rent but not accepting to put it down on agreement (that's also illegal right ?)
