recovery of deposit amount


Dear Sir , Date:29-10-2016 In the year 2016 on the month Feb.. I had hired a shop near my place which belongs to an old family friend of mine, since the whole landlord family knew me. As agreed, I was to pay a deposit of 1 lak an monthly rent, Since he had to pay long pending outstanding property tax He requested me to give the deposit and assured to make the agreement registered later. After starting my business, paying the monthly rent regularly, I requested him of making the agreement but he “landlord” kept on avoiding it, asking him, I will make it online. I have been paying the rent regularly for the past one year, In spite of loss in business,. And more ever my business was relayed on Power “Electricity”. And often due to power failure, I was not able to manage it properly, Hence I requested the landlord that I need to vacate the shop, And to refund the deposit, Now It is more then eight months But he is delaying it ,And for the past four month has past the shop is closed. He is waiting for some one to occupy it and refund the deposit. Please help. Santosh
 
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legal advisor

Was the advance given as cash or through cheque.first send him a legal notice demanding him to pay the money within some time

Total likes : 1 times

 
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legal advisor

Was the advance given as cash or through cheque.first send him a legal notice demanding him to pay the money within some time

Total likes : 1 times

 
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Advocate

Have you sent landlord terminating the tenancy and to vacate the shop and also refund of deposit, if not then issue the notice and if deposit is not refunded to you then consult an advocate and file recovery suit.

 
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As per your query your Landlord intention is that he want to refund the advance amount was paid by you, but he is in opinion to pay the advance money only after occupying the building with new tenant, as per your observation the builidng is still vacant it is not occupied with any other new tenant, let you wait till the new tenant occupied. Even after occupation of new tenant he is not paying advance money you can step into Judicial proceedings. I hope you dont have any documentary evidence that you have paid advance to Landlord. It is better wait till the new tenant is occupied the premises. This is my opinion Obiter Dicta.

manoj

advocate

8686159292

 
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Thank you Mr Saravanan for your reply ,All the  amount Deposit, Rent ,& Electricity  was paid through cheque.

few months back I had masseged him by SMS also about vacating the shop.

 
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