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Aasim Kumar Sokal (Private Employee)     12 July 2008

Pls help. Need your advice.

I gave some money as an advance to the Land Lord for a house on 5th of July. The Land lord promised that he would get some changes done. I gave him amount (three months rent as advance) only after the assurance by check drawn in favor of his wife to him.

Now when I informed him that I will be shifting ( on 9th of July) and inquired about the changes, he said they cannot be done. When I asked for my money back, he said he will deduct some amount( never specified how much). But he has not returned my money. He starts abusing me when ever I call his cell. I don't know what to do.

Please help. What can I do to get my hard earned money back from this cheat.


Learning

 9 Replies

ASHUTOSH (lawyer)     12 July 2008

dear you can give complaint to police regarding the breach of trust by the landlord and you can file suit for recovery against landlord if you have conceret proff


 


ashutosh(adv)

ankit gupta (legal)     12 July 2008

 


hi


 


you you can file a complaint under section 406 IPC with the local police station i.e. for ciminal breach of trust,aparts i advice you not to cross abuse him as it may be adversed against you.be patient and just ask him to return the amount or say that if you wil not return me the money,i will be forced to take a legal action.


 


 


friend,to be frank there is nothing for you,if you indulge in all the matters with police,they are not really willing to work,instead they will take huge amounts from you.


hope your work will be through if you talk to him in legal sense and not like a layman.


but nevertheless,you talk to your landloard and try if the matter gets over.

aruntrivedi (lawyer)     12 July 2008

File criminal complain with police authority under IPC 420 of cheating and tender the proof of money given by cheque obtain certificate from Bank for clearing of cheque and receipt of payment that is the almost biggest proof. except this nothing you have you can say all other things in your affidavit or statement being file before the magistrate and a sttement with police authority as a complainant. Ask the police authority to take him up for task. Also file a Civil Suit for recovery of amount given under the promise of not fulfilling the promise, etc.
Further, if he is not giving in any way - you have another way to call upon him to pay by filing M-case i.e. direct complaint to magistrate and pray for inquiry under Cr.PC 156/3 or 202 - he can be straiten by criminal complaints only. Arrange for some two witnesses who as if they were present at the time of deliberations of premises mostly you can quote your wife being present or some trusted friend and if you have any middle man make him also party to this case so as to pressurise the landlord to return atleast the money and not to practice such transactions in future.
if you are somewhere in gujarat you can contact me on my cell 09825027096 i will resort to your help free of cost - shall draft complaint and register with appropriate authority or shall direct you and will guide you. .

Bhaskaran Advocate (Lawyer)     12 July 2008

Arun Trivedi has rightly said so.


What I have to add is, you have to put an all out effort and continous one to get your money back.


Consult a lawyer immediately preferably a Criminal Lawyer who can also handle Civil matters.


Good Luck.


 

Guest (n/a)     12 July 2008

Hi,


You can launch the complaint uder the act of 406 and 420 for forsery. You have given the cheque him if you have taken the bye back chack of post dated then you can prove that he is not returning you money. After launching the complaint you should not react as a anger. Pls. keep patience and ask to give back my money.

Guest (n/a)     13 July 2008

dear rajesh.


i will like to tell you that,section 420 IPC is not for forgery,instead it is agravated form of cheating which includes dishonestyl inducing a person to delievey something.


 


forgery is defined under section 463 IPC


 


regards


ankit

K.C.Suresh (Advocate)     14 July 2008

Dear friend, Your description of events reveal that you have given cheque in the name of wife of land lord. That was encashed. it is an advance of three months rent for occupation with ceratin conditions of changes in the bldg. LL didnot  bothered to make any changes. You are aggrieved. But how you will prove in a legal forum that the amount of advance includes the payment for changes you required. Is there any agreemnet? If there is an agreement well and good. Oral evidence of you alone about the changes may not give you a favourable result of cheating.  In my opinion you have a safest civil remedy by filing a  Money suit on the strength of the cheque. Adv.K.C.Suresh, Kerala 

Guest (n/a)     15 July 2008

hi


i would like to suggest to action against ur landlord in the civilcourt by filing a suit for recovery as u have a direct evidence for payment which is record of ur bank bcoz payment is by way of cheque so there r bright chances of ur success in the civil suit but first of all u shuld send a legal notice through ur advocate .


                                                     Gurinder singh Dhot ADV.

kranthi (retainer advocate)     13 October 2011

follow aruntrivedi sir, file complaint to police under Section 420, 406.


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