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C M   25 October 2021

Rental agreement - fraud committed by nri

Dear Sir:

Entered into an agreement for taking a flat on rent through NoBroker. Was asked to provide my ID proof (Aadhar & PAN Card) and pay Rs. 10k as advance deposit on 8 Oct 21. Owner is NRI. Did not provide any ID proof, NoBroker did not insist, but closed the deal. Owner never disclosed that he does not have POA in blood relative's name. From 8 to 20 Oct Owner did not provide even one ID proof for himself. Kept changing the draft agreement, not putting any Aadhar card nor bank details in the rental agreement. On 20 Oct he adds Mother's name, does not mention she is authorised POA but mentions she is the sole owner of the flat & renting it out to me. On the building name plate Owner's name is clearly mentioned not Mother. He sent PAN card for his mother & says that will send bank details in a day or two. Over phone Owner says if there is any issue, he will be questioned for not providing POA, it is not tenant's problem!!  Doubting the veracity and by the way he was dragging the issue, I backed out and asked for my deposit. Owner now refuses and does not entertain my mails or calls. NoBroker is refusing to provide an email ID for registering a complaint nor taking any action. On 22 Oct Owner got in touch with NoBroker (with same person who showed us the flat) and asked to find another tenant as we have backed off without giving any proper reason. I understand from this NoBroker personnel that Owner's flat is vacant past 8 months and tenants have been backing off at the last minute. Please let me know how can I take action against NoBroker & the Owner and recover my deposit advance paid in good faith. Thank you in advance. 

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     26 October 2021

Do you have any receipt and agreement copies with you ? If so, you can arrange to send a legal notice to him so called NRI owner. If no response file money recovery suit in the civil courts. 

C M   26 October 2021

Dear Sir: Thank you for your response.  I have made the payment via UPI and have emails from him.  The only address provided in the draft agreement is his Mother's address. He has not provided any ID proof for himself or his Mother.  Has only revealed his company name. 

P. Venu (Advocate)     26 October 2021

Have you been put in possession of the property?

C M   27 October 2021

The owner collected token advance.  Since more than 12 days he did not proper draft agreement (no mention of his name & address).  Says his mother is legally authorised to rent the property to us, hence her name as the owner in agreement & PAN Card is legally sufficient.  We backed out. 

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