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Kool RT   10 August 2017

Part of deposit not being returned by owner under leave & licence

We stayed on rent in a flat for 3 years and post giving away peaceful possession of the flat as per the agreement the owner retained an amount to settle the last month's utility bills. Before leaving the flat the owner who is a senior citizen lady checked the flat properly and was convinced that everything is in order which she also told the agent and signed on a hand written document made by me which clearly mentions that everything is in order and she has no claims against us.

Post few days her daughter who is the attorney started complaining of issues they had with the electronics for which she spent an amount and insisted to adjusting against my part deposit lying with her. The agent is also on my side as he knows facts but because a senior citizen LADY is involved he isn't able to do much.

I tried giving a written complaint in the police station but they refused to take the complaint saying it's civil matter.

Please guide me as to how can I take this matter ahead legally as she had previously also had forcefully deducted my 3k lying with her but I couldn't do anything as it was cash involved, though in writing I didn't make an issue but knowing her nature I got the document signed this time as I was expecting this!


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 3 Replies

manu seth (N/A)     10 August 2017

file a civil suit for recovery
1 Like

Kool RT   10 August 2017

Thank you sir but the amount is not big so instead of filing suit if I can just make a complaint under some section or NC probably the issue can be resolved??

manu seth (N/A)     11 August 2017

Since it is a civil matter, complaint to the police would be of no consequence. I would urge you to get in touch with your advocate who would serve upon them a legal notice for recovery of said amount prior to initiation of legal proceedings. The period of limitation is 3 years from the date on which you came in knowledge about the requisite amount that has been deducted, post which there shall be no remedy.
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