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Jaya J   04 January 2021

Landlady not returning security deposit even after 3 months

I was residing in a house in Kottivakkam, Chennai for last 3.5 years. I have given Rupees 1 lakh and twenty thousand rupees as deposit amount. Due to pandemic, i vacated the house on 19th Sep 2020 and handover the keys to the coordinator arranged by house owner who resides in Switzerland. I have handed over neatly even painted the house and returned. The house owner has deducted rupees 43,700-/- and returned the amount and when questioned about the remaining amount, reasons and what basis the amount is been deducted, she is just copied the rental document clauses and writing me an email that she cannot return any more amount. Per rental act in India, the owner and tenant has to agree on deductions. Even after telling this to her, there is NO RESPONSE from her. Please help what I have to do to get my money back
 



Learning

 5 Replies

Adv.Balachander Reddy ( Advocate IPR Attorney Human Rights Defender and RTI Activist)     04 January 2021

The Landlady and tenant are governed  mutually by the clauses of rental deed.

Without perusal of rental deed advise cannot be tendered.

175B083 Mahesh P S   04 January 2021

Hello,

The contract has clearly breached his side of the contract.

1. You should hire a lawyer and get a legal notice sent demanding the deposit.

2. If he is not responding positively , file recovery suit , you can get the amount with interest till realization of amount and the compensation for harassment , legal cost and court fee.

3. Send the notice and wait for the notice period and file a police complaint along with the copy of the legal notice.If the police can negotiate a talk without going to court you can get your money.

The civil remedy for recovery of money is by way of institution of a suit in a court of appropriate jurisdiction. The suit can be instituted under Order IV of the Code of Civil Procedure 1908 (CPC).

Again its best that you hire a lawyer as soon as possible.

Thank you

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     05 January 2021

You may have to hire a lawyer and go through the hard way of filing a case against the Landlady and get the summons served to the latest available address.  There is no other alternative.  Before filing a suit, a suitable Legal Notice may be issued through the Lawyer. Mark a copy of the Legal Notice to the Embassy of India in Switzerland just for impact.

P. Venu (Advocate)     05 January 2021

Yes, serve a legal notice. That may sort out the issues.

Dr J C Vashista (Advocate)     06 January 2021

It would be better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and issuance of legal notice and further proceeding.


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