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Abhijeet   28 November 2015

Flat owner claiming damage as i have not occupied the flat

I wanted to rent a flat and after the owner showed me the flat me & wife really liked it and paid a token amount of Rs. 6000 via cheque and agreed upon a monthly rent of Rs. 8000.

After the owner showed us the flat and went away we enquired about few other things like basic utility (Water, Electricity etc) & security from other tenants and found out there are various problems in the building related to security and basic utilities. Hence the flat was availabe for cheap rent.

We communicated to the flat owner within few hours that we are not comfortable and would not like to occupy the flat. But even after several request he refused to return the cheque and said once you have agreed you have to occupy the flat or pay the rent for one month. Sensing there's no point arguing with him I stopped the payment of the cheque from my bank.

However after 15 Days he sent me a legal notice from his advocate that I have to pay one month rent and other expenses or he will file a case against me as he has bought court stamp paper and other things for agreement.

I would like to know that does he have enough grounds to file a case against me as I have not signed any legal documents and also the cheque was stopped by my side and not dis-honoured. Please advise.



 5 Replies

atul (ACB)     28 November 2015

Few more details ae required to know the case in entirety.

- Status of rent agreement.

- Period.

- any other written content where it is explicit that you intended to hire his flat.

- Your mode of informing the owner that you were disinclined to rent in.

Claiming the cheque back and refusing one month rent with other epenses are two different issues.

Wait to listen,

Thanks & regards,

Nitish Banka (lawyer)     28 November 2015

Dear Abhijeet,

Issue a legal notice to ownerm on grounds of fraud and conceling material facts.

Thanks & Regards,

Adv Nitish Banka

9891549997

saravanan s (legal advisor)     28 November 2015

He cant file cheque bounce case on you as he wont be prove the liability for you to issue the cheque and allso no need to pay him a month rent as you havent worked out any agreement so far

saravanan s (legal advisor)     28 November 2015

He cant file cheque bounce case on you as he wont be prove the liability for you to issue the cheque and allso no need to pay him a month rent as you havent worked out any agreement so far

Abhijeet   15 December 2015

Thanks all, @atul no rent agreement was done. I only agreed to rent the flat verbally and also informed him that I am not interested verbally, so there was no legal written agreement done between us.

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