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Vijaya (Technology Analyst)     10 June 2015

Owner denies to refund the advance amount

Hi Team,

I appreciate the wonderful job this forum is doing to all its members, and I hope my query will be answered too..

I work for a software company and I got transferred to Hyderabad from Chennai and we rented a house near Lingampally. After we started staying in that house, we realized that the transportation mode from that house to my compnay is not at all good and I had to change 3 buses/autos to reach my office. I have a 1 year kid at home and it became very difficult to manage my work and household work. So, we planned to vacate the house and look for a house near to my company.

I spoke to my owner about my issue and she started saying that she will take the whole month's rent even though we were in that house for just one week and she also added that she cant give my advance refund right away and she'll give advance after one or two months only. We agreed to this, thinking that the owner abides to her words that she'll refund the advance after 1/2 months. We cleaned the house like the way she gave us and my husband handed over the keys to her. she thoroughly checked the house and left the place.

Now, after 2months, when we tried calling her, she started rejecting our calls and tried to escape when we called from new numbers. When we started calling her many times, she started shouting at us saying that she cannot refund the advance amount, because she got huge loss bcoz of us. We asked what loss, she's saying that my Kid had spoiled the house walls and she got to paint all the house bcoz of this. I'm damn sure that she is lying and asked her why she didnt tell this issue when we handed over the keys.. She started using abusive language and cut the call.

I want to reach out to police in this regard. Please suggest me a solution on how to handle that greedy owner and get my money back.

Thanks,

Vijaya.



Learning

 3 Replies

saravanan s (legal advisor)     10 June 2015

send her a legal notice demanding her to return the advance within a week failing which you will initate action against her.if sheis not responding then file a case of cheating u/s 420.406 ipc.also file a recovery suit against her

1 Like

Vijaya (Technology Analyst)     10 June 2015

Hi Saravanan,

Thank you for the prompt reply. Problem is i do not have the rental agreement form. Since we were in that house for just one week and planned to vacate, we didnt initiated the process.

However, I recorded the call conversation with her and she agreed in the call that we gave her advance and she cannot refund. Can i use this as proof? Also, neighbours knows our issue.

saravanan s (legal advisor)     10 June 2015

hire a lawyer and proceed with whatever proofs you have


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