Issue legal notice to landlord t o refund your security deposit
2) if he refuses file poluce complaint t against landlord for cheating for refusing to return your security deposit
3) you can also sue landlord to recover your SD with interest
I rented a 1bhk in Bangalore, Owner gave his house to a third party, so I received a rental agreement from that third party [PropUrban] and I use to pay my rent regularly to PropUrban. Recently due to a feud between Owner and Propurban landlord asked us to pay rent to him directly and gave us a new rental agreement. In a email sent by owner assured that while leaving owner will pay me back my security deposit (rs 55,000) and now i should directly pay rent to owner. Now when I am leaving, Owner is asking me to collect my security from PropUrban instead of him. But I feel cheated and I am at a grave loss of my hard earned money as PropUrban is not picking up call and not replying to email, and owner keep asking rent and I am paying that to owner every month now. So now that I am leaving, How to recover my money from owner or propurban ? If i decide to take help from lawyer or police, how much will I have to pay ? or what is the best way for settlement ?
Issue legal notice to landlord t o refund your security deposit
2) if he refuses file poluce complaint t against landlord for cheating for refusing to return your security deposit
3) you can also sue landlord to recover your SD with interest
Issue a lawyer's notice seeking refund of deposit with interest to both landlord and PropUrban. After that file a complaint in District Consumer Forum under new Consumer Protection Act, 2019 against both under which proceeding are very fast. A tenant is consumer under new Consumer Protection Act, 2019. You will get refund of deposit with interest, compensation for mental harassment, cost of complaint and lawyer’s fee. Any case in civil court is time taking and expensive.
- We have to see both agreements the conditions.
It looks like the security deposit should be with owner only.
Also, your new agreement with owner should mention that he got security deposit.
- You have to send legal notice through lawyer to owner immediately.
Also, if possible dont vacate until you get security deposit.
- As per law , both the parties are bond with the clauses mentioned in the rent agreement , and none having right to refuse to comply legally.
- If the security deposit amount is already mentioned in the agreement , then the landlord is bond to refund the same to the tenant , otherwise he cannot take the possession of the premises.
- If you have already informed the landlord within the period mentioned in the agreement , then the landlord is bond to refund the amount to you.
- You can send a demand legal notice to the landlord for getting the deposit and on refusal you can file a suit for recovery of the deposited amount against him .
- Police will not take any legal action against the landlord as it is a civil dispute.
Send a legal notice to the landlord seeking and also seek interest there upon from the date it fell due. Take help of a local lawyer. You’ll end up spending atleast 20-30% of this amount in recovering it
Dear Sir/Madam,
1. This is a clear case of consumer exploitation and manipulation
2. Please file a case for deceit under the Consumer Protection Act (district Level Forum). Since the case prima facie (on the face value) proves that you have been cheated on and fraud has been committed with you [you may also file a case under Indian Contract Act for fraud], the likeliness of you winning the case is high
3. You may file an online application for the same.
4. Since we are facing a pandemic, the Court may not hear cases of urgent nature and you may have to wait for some time.
Thank you,
The police will not be of any help to you since this is a civil matter.
As the landlord had sent you an email assuring to return the security deposit amount at the time of vacating, you may first issue a notice either by yourself or through an advocate communicating your decision to vacate the rented premises on so and so date.
The notice to be addressed to the landlord as well as the third party who collected the security deposit as well as the rental amount from you in the past and thus putting liability on him as well for returning your deposit amount.
In the notice you should mention that the landlord or the third party, who took the security deposit amount from you, has to return the amount on the said date when you deliver vacant possession of the rented premises.
You can warn both of them to be held liable if they fail to comply with the demand for refund of security deposit amount on the said date and they would held responsible for the legal consequences and the costs for the legal action that would be initiated against both of them for their failure to return the security deposit amount.
The lawyer's fee for sending the legal notice would depend on the lawyer who you would engage for this purpose.
After that you can file a money recovery suit before a competent court in the jurisdiction to recover your amount..
1. You were naive to believe the owner on refund of security deposit. You should have insisted on a written assurance from owner.
2. Now the only remedy in your hands is to serve lawyer's notice both on Propurban and owner to refund your security deposit, and if it is still not refunded then you may file suit for recovery in the civil court.
3. Additionally, a complaint may be filed by you in the jurisdictional police station for the registration of FIR under Section 406 for criminal breach of trust and under Section 420 IPC for cheating.