Owner not returning the deposit
Bibhuti
(Querist) 03 July 2014
This query is : Resolved
Dear Experts
Kindly advice me.
My notarised rent agreement got over on 06/06/2014 & continued staying for June month without any agreement now when i am vacating the flat my owner is demanding to get the re-paint done or he will not be returning my deposit of 35k whereas it's not written anywhere in my contract. However it wasn't repainted while giving it to me.What should i do to get back security deposit??
V.T.Venkataram
(Expert) 04 July 2014
if the repainting cost is not much, better repaint
Dr J C Vashista
(Expert) 04 July 2014
Mutual settlement may be preferred, it is not a legal query
Devajyoti Barman
(Expert) 04 July 2014
This is sheer blackmailing. Lodge a police complaint for criminal intimidation to tech the landlord a hard lesson.
Rajendra K Goyal
(Expert) 04 July 2014
Try for the mutual settlement and if not possible move as advised by the expert Devajyoti Barman ji.
ajay sethi
(Expert) 04 July 2014
issue legal notice to flat owner to return deposit of Rs 35000 . if he fails to do so file summary suit for recovery
malipeddi jaggarao
(Expert) 04 July 2014
Agreed with Mr.Ajay Sethi if the owner does not yield to your request.
P. Venu
(Expert) 04 July 2014
Deposit is only a security against payment of rent. The owner cannot appropriate whole or part of the same unless the rent is in arrears.
Bibhuti
(Querist) 04 July 2014
Thank you Mr.V.T.Venkataram,Dr. J C Vashista,Mr.Devajyoti Barman,Mr.Rajendra Goyal,Mr.Ajay Sethi,Mr.Malipeddi Jaggarao,Mr.P.Venu for your advice & comment.
Now when i said i'll be taking a legal action as i do not have patience he is alleging that since u have not yet vacated the flat hence i lost a client & you have to bare the expense as well as the 6 month rent whereas he is been accepting the rent's paid to him post expiry of agreement. As i am vacating the flat tomorrow my new flat agreement is done.
I dont know what would be appropriate next step?? Please suggest me.
Dr J C Vashista
(Expert) 05 July 2014
Proceed as advised, vacate the flat, hand it over properly and demand your advance deposit rally followed by in writing, legal notice and suit for recovery. Retain original (if possible) rent agreement till final refund.
Donot loose patience, be calm and composed.
Sudhir Kumar, Advocate
(Expert) 05 July 2014
does not matter if you have patience or not. you have to follow route of civil suit which is slow.
Sudhir Kumar, Advocate
(Expert) 05 July 2014
if there was mischievous person in place of him would have neither vacated nor paid rent and got the house painted forcing him to file civil suit.
T. Kalaiselvan, Advocate
(Expert) 05 July 2014
The query has been properly addressed by all experts, however, the painting expenses claimed by the owner, if it is found reasonable, settle it instead spending more towards a legal solution to this issue.
Bibhuti
(Querist) 07 July 2014
Dear Devajyoti,Dr.JC Vashista,Sudhir & T.Kalaiselvan.
With your advice i played it diplomatically & got a e-mail from him stating no deduction will be done in lieu of painting. On e-mail he suggested to hand over the key to the agent & assured to refund the money next day once the agent confirm's the handing over of the keys.
This morning i handed over the keys & now awaiting the refund. I have done all this communication over e-mail assuming in case of any foul play the e-mail would be used as proof.
Bibhuti
(Querist) 08 July 2014
I sincerely Thank Mr.V.T.Venkataram,Dr. J C Vashista,Mr.Devajyoti Barman,Mr.Rajendra Goyal,Mr.Ajay Sethi,Mr.Malipeddi Jaggarao,Mr.P.Venu,Mr.Sudhir Kumar, Mr.T.Kalaiselvan.
My issue got resolved just few minutes ago got the complete refund. Once again thank you very much you gave me confidence to fight back.
