raj (des) 23 December 2014

Tenant rights

Hi,

Six months before, I have moved to apartment where 5 other girls already stayed. Due to my urgent needs for the accommodation, I don’t have time to check any documentations from them. I have transferred 18000 for the deposits to another girl who stayed previously in the apartment (as per my roommates arrangement). When I asked them, they said 16000 advance and 2000 for other utensils.

But originally Apartment was leased by 6 girls, 3 years before by paying advance of 60000 (per head 10000 as 6 girls are stayed). They didn’t change the agreement to this 5 girl’s name. Out of this 5 girls, 3 moved out now. Now owner is asking to vacate the house and he is not ready to give advance back and mentioning that he will give the advance only to the girls who entered into the agreement. He increase the rent from 16000 to 18000 and pressuring us to pay new rent. We told them, we vacate the house in Jan’2015 and We withhold the last 2months rent (18000*2=36000). He said that in agreement it is mentioned that one month amount will be taken for maintenance (mentioning 18000). We thought of, he will give remaining 6000. But he is not ready to give now. We incur the loss 12000 per head. We don’t have agreement with our hand and previous girls are not responding properly. Owner is coming on daily basis and verbally abusing us a lot.

We paid the electricity thro’ our account and transferred the amount to previous girls thro our account only. This is only proof with our hand now

I want to file complaint against the girls as well as owner (as he given mental torture to us and trying to cheating the deposit amount). Could you please let me know, is it possible to do it and how to give complaint and under which act?

Thanks

Raj

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2 Replies

Hardeep (Business) 23 December 2014

1) re owner harassing and abusing, call the Police next time and file an FIR along with evidence and witnesses. He can not do so and can evict you only through proper procedure.Look at IPC S. 506, for example.

2) Irrespective of having no written agreement, your being in possession for 6 months (as evidenced by electricity bills ) raises a presumption in your favor. Contact a competent local lawyer and proceed accordingly. Before that , try to create/ get as much evidence as possible that the Landlord permitted your occupation on the same terms as in agreement.

3) All this will involve protracted legal battles. It may be better to get some elders of the locality/ your elders get involved and make the landlord see reason and be fair to you.

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T. Kalaiselvan, Advocate (Advocate) 27 December 2014

Try for solutions through amicable settlements or else you will be entangled with legal issues for another considerable period of time which may be a hurdle to your career and further commitments and ultimately you will be standing on the losers side due to no proper follow up, Instead of getting trapped into legal webs, better think of alternative solutions and keep moving.