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Chetan Padm (law)     12 February 2010

Recovery of security amount

Brief

1. Onwer lives and premanent resident of Chennai

2. Tenant is permanent resident of chennai

3. Owner-Tenant met in Chennai and finalize deal for a property in Banglore. Informal rent agreement on stamp paper (Bangalore) but not registered.

4. Security amount given online.

5. Tenancy continued for 19 months and tenant vacated.

6. No rental arrears.

7. Tenant terminated the tenancy on 1 Oct 09 giving 1 month notice and went back to chennai.

8.Owner collected the keys and other documents from Chennai from Tenant on 3rd Oct 09, while rented property was still in Tenant custody for another 1 months (till 31 Oct 09) on the pretext of staying there for holidays.

9. on 3rd Oct, in chennai Owner also promised to refund the amount in next 2-3 days via cheque in chennai.

10. 3-4 months gone, owner not picking up/ avoiding the calls and not refunding the security amount of Rs 75000/-

Questions

1. Civil recovery suit jurisdiction lies in chennai or bangalore ?

2. Can IPC 406 (Criminal Breach of Trust) be applicable read with IPC 420 (Cheating) against the owner.

3. Jurisdiction of 406 and 420. Chennai or Banglore ?

4. Can Theft IPC 379 ready with 448 Tresspassing applicable to owner ?

5. Jurisdiction for IPC 379 and 448 would only be Bangalore ?

Looking forward

regards,

Padm

 



Learning

 3 Replies

N.K.Assumi (Advocate)     12 February 2010

I am of the view that the case does not falls under criminal jurisdiction under the head cheating, misappropriation or theft within the meaning of section 405,406 read with section 420 of the Indian penal Code. Yes, you may file a civil suit to recover the security amount.

Chetan Padm (law)     12 February 2010

Dear Mr. Assumi,

Any justification why promising the return of security amount after taking keys and documents on account of spending holidays and later refusing and avoiding does not amount to 406 IPC.

further not returning the keys as tenancy was upto 31st OCt 2009 for which rent is paid amount to tresspassing, cheating and theft (removal of items from house without permission)

IPC 406

It has 2 important ingredients

1. Entrustment ( Security amount is entrusted in chennai and is with owner) - Bank transaction details available for both banks located in Jurisdiction of Chennai.

2. Breach of trust (Refused to refund at Chennai and now avoiding the calls)

 

Any thoughts with justification why it is not applicable.

How abt Jurisdiction ? as most of the cause of action is in Chennai and property rental at Bangalore ?

 

regards,

Padm

N.K.Assumi (Advocate)     13 February 2010

I dont see the ingriedents of cheating or misappropriation in your version and it is civil actionable wrong.Better file civil suit for recovery of the security money in chennai where the cause of action arose and where both are permanent resident though the suit property lies in Bengalore.


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