Tenancy

Guest (Querist) 08 October 2012 This query is : Resolved
i have a matter and want ur help if i can do somethin on the matter

i had taken up a house on rent on 15 sept

from 15 sept to 30 sept amount was to be paid in cash as the contract is effective from 1 october 2012
the deposit chequ was given to landlord on 6th september as the registration date of contact is 7th september also the landlord wanted it before the contract is effective bec she had to repay to its previous tenant

i shifted to flat on 19th september and the tenant was pre informed i will bring ganpati home as per ritual ganpati sthapna
i coulnt arrange my luggage by 2 pm so she came n said i m giving u notice for 7 days u vacant
i talked to broker he said the lady always has problem in first 15 days and he would talk n i won't have to vacant

every now and then she did the same and gave stupid excuses like i have bought my own utensils or my own bucket and that the marble will get scratches if i scroll the travel bag etc

finally as her washing machine wasn't working and as she said she wll be taking up all maintainance she had to spend 1200 rupees so she again told i shd vacant and this was 6th time she said n this time she made a all to someone to find some other tenant it ws 29 september

i called broker again but he was out of town but assured if anything wrong happens he will return brokerage

fianlly on 2nd october she handed a letter to employee of broker a letter to vanant premises and asked to deliver on 5 th whn the cheque is cleared for month of october.i received notice on 6th late night

on 7th morn she disconnected the digital tv connection on my asking to hatway people thy said the lady has cleared last month duesof previous tenants this oct beginning it was the same day when she had taken money from me seperately for the same

she has also said she will disconnect the light connection on 10th oct
she is torturing and whn i asked i can vacant early provided u repay my rent for the remaining days of october to which she has refused

can we do something to get the rent back and deposit if i leave the premises before the notice period so that she doent harrasses???

also the broker is ready to support me and talking to owner in my favour but she shows pressure of legality of act

however can we sue her for fraudulent act of intension to give the house on rent when she didnt intend too
and her only motive was to repay the amount of 1 lac to previous tenant till the time she can arrange funds

and sue her for damages for recovery of charges paid towards
payment of stamp duty ,digital connection,brokerage and other loss caused to shift the luggage and settlement of house and also harrasment,

can we use section 14(consent by fraud) section 17 sub section 3 and 4(a promise made without any intention of performing it;
(4) any other act fitted to deceive) and section 19 of contact act 1972

please help me i urgently require help

i have few evidences like bank statemt for cheque copy of contact

statement of broker and hathway people confirming non receipt of charges to show her only intention was to fraudulently arrange funds so as to pay her liabilities???

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ajay sethi (Expert) 08 October 2012
contact a local lawyer .send her legal notice asking for return of security deposit as on her instructions you are vacating the premises . filin suit for damages wont be a good idea as it will take over 220 years for being heard and finally disposed