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Samar Kaushal   26 May 2023

Person not returning ac given for rental

We have a business where we rent air conditioner to people during summer season. Last season we rented a window AC to a lady in Gurgaon and collected a deposit of Rs. 10,000.

The lady was supposed to return the AC after completion of summer season but she changed her address and now when we called her she says keep the deposit and said she has moved to Bangalore, but we found out she is staying in gurgaon in another area.

The cost of the ac is 26000/- and now she says do whatever you want and not returning the Ac.

Plus we don't sell the AC, we only rent it and it is mentioned in terms of contract clearly.

Can we take any legal action against the lady. Please advise.


 4 Replies

Niharika Lohan   27 May 2023

Hi Samar, I’m Adv. Niharika and here is my take on your query.

Firstly it is not advisable to take such matters to the Court, they involve a lot of cost and time.

I’d suggest you hire a prudent lawyer and have him/her explain to that lady the consequences of not abide by the law. This way will deter the lady and she might then make the necessary amends.

If she doesn’t still abide, then he lawyer can send her a legal notice, this should get your work done, but if despite receiving a notice, she does not return your AC.

You can also send your staff to her address where she allegedly live and have your AC removed. But definitely keep in mind to only send women staff at her residence, as she being a woman will most certainly object the entrance of any male member of your company and it will only fetch you more trouble.

If all the above remedies fail, you can put both Civil and Criminal law into action.

The civil remedy will be of avail, especially when you have any record of the transaction with the customer, that is, any signed document, or copy of any payment mode, or any document which shows the stipulated time period for the services.

Then you can file a case for breach of contract under sec. 73, 74 and 75 of Indian Contract Act, 1872.

If you want to pressurise the lady then you can also file a criminal complaint at your local Police Station u/sec. 405 (criminal breach of trust), sec. 420 (cheating and dishonestly inducing delivery of property).

I hope this information is fruitful to you. If you have any further questions, you can contact me at

1 Like

Sudhir Kumar, Advocate (Advocate)     27 May 2023

police compaint will ehlp in this case faster.  Once recovered the property you can sue her for the rent of this season as well.


Rajesh Hazra (Mediator and Legal Counsel )     28 May 2023

 Before resorting to police or court one should see the terms of rhe agreement made or executed  and then decide as weak agreement may not be any remedy

Sudhir Kumar, Advocate (Advocate)     01 June 2023

The criminal case may be of BOT and you may have to prove the liability fo the other person to returned the rented property.

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