Cheating/manipulating
suguma
(Querist) 06 March 2013
This query is : Resolved
I have a flat to be given on rent. The keys were handed over to the BRoker with a letter acknowledged by him that he will show the premises to prospective tenants for using the same under Leave and License basis for a monthly compensation of of Rs.6500/=. On 2.3.13 at 5 PM the broker informed me that Mrs.Laxmi is interested to occupy my flat on L & L basis for Rs.6500/= for 11 months with security deposit Rs.25000/=. She met me along with his broker in the office of my broker when I was present and MRs. Laxmi negotiated for the rent Rs.6500/=p.m and after much discussion Rs.6300/=p m was agreed. She agreed that on 3.3.13 at 3PM I should meet her in my broker's office to sign the L & L agreement and that she will issue cheques for Rs.6300/= and another cheque for Rs.25000/= All happend orally and nothing in writing but my broker, her broker are witnessess to this transaction.
But next day at 3 pm I waited at my brokers office but neither Mrs.Laxmi or her broker turned up. In the meantime on 2nd night and on 3.3.13between 10AM to 2 pm 3 brokers wanted my flat to be given on rent for same rent but I told deal is done.
Now I learn that Mrs. Laxmi does not want to occupy my flat on L & L basis since her present owner did renew her existing agreement. That is she did negotiate with the old land lord and negotiated the rent increase and brought it to a level much lower than my offer by misrepresenting that I have quoted 5750/= and got it renewed. Is it not a case of cheating me? Further on her assurance I refused to give my flat on rent to 3 prospective tenants thereby she has caused a loss to me till the flat is occupied by new tenant for which again my broker has to search and I have to wait. Can I send her a legal notice demanding compensation of Rs.6300/= p.m payable till my flat is rented out. Is it a case worth the cause or just laugh and forget. She concealed the fact that she is negotiating with existing land lord for renewal of her Lease agreement and kept me in dark and also made a false promise that on 3.3.13 she will enter into a L & L agreement. I understand that one of the definition of fraud is Active concealment of a fact which one had a full knowledge of it. Can I send a notice that she committed a fraud on me and what punishment the civil court will award on her and benefit to me? WIll it be too lengthy to fight and what will be cost of litigation.
Devajyoti Barman
(Expert) 06 March 2013
This is as mere business dealings, no contract was executed.
Why are you so perturbed? If you count these incidents as relevant then your whole life would be filled up with baseless litigation.
Move on and find a new tenant.
Raj Kumar Makkad
(Expert) 06 March 2013
Why had you not obtained the amount of Rs. 6300/- at the same time of your meeting? If not, you cannot accuse some other person for cheating. There is no such cheating in the given matter. Legal fight shall be a futile exercise which may take more than 5 years with your thousands of money.
