Fraud committed by room owner
1 year ago
I entered in registered leave and license agreement with room owner by depositing refundble heavy deposit amount of Rs.13 lac at Rs.10 per month in the year May 2019 to till April -2021.
During agreement period I have come to know that room owner has availed loan from Bank by mortgaging said room prior to enter with me in leave and license agreement of said room which was not informed to me and I have asked for refund of Rs.13 lac on ending of leave and license agreement.
On my approach of refunding amount of Rs.13 lac he showed his inability to pay and requested me to renew the agreement for further period of one year by paying maintenance due of Society till that date which was approx Rs.47,000/- and agreed to refund me with security deposit of Rs.13 lac which is recorded in seperate writing and committed me that meantime he will regularise his bank loan EMI payment.
Accordingly with no hope of getting my security deposit I have to forcefully renew my leave and license agreement for further period of one year I.e May 2021 to April 2022 by paying society maintenance deposit.
In March 2022 bank visited said room and served possession notice of said room under rule 8(1) and declared not to deal with said property. i immediately informed room owner and asked him for refund of Rs.13,47,000/- also via serving personal letters to him time to time but nothing is answered as on date.
Bank may come anytime for seizure of property to sale by auction in open market and recover their loan amount which is equivalent to cost of said room.
At this stage, i have not renwed leave and license agreement any further as per possession notice from bank in March 2022. Almost 8 months has passed and my deposit of Rs.13 lac with other dues of Rs.47000/- approx paid as maintenance is not refunded to me by room owner and my money is on risk.
Kindly help me to recover my Security deposit and do the justice at my part.
Subhashis Paul
Responded 1 year ago
You should have enquired with Sub-Registrar office as to whether there was any loan on such property or not. Anyway now you have two options. You may approach Police for not disclosing such loan and collecting Rs.13,00,000/- from you secondly you may approach Civil Court or Debt Recovery Tribunal to get some relief.
Firstly you have to write a written police complaint to the police station which have jurisdiction over the property and it would be better if you take help of a advocate for drafting a formal complaint. Secondly you can a file a suit in the court within the prescribed time.
Hope it helps.