Tenant ready to vacant shop but owner refuses to payback security deposit
4 years ago
I'm a tenant and I have paid Rs. 1 lakh as security deposit to the shop owner via payment mode of cheque through bank for 11 month rental agreement which he is not given back and he made a Rs.200 bond as rental agreement which I have not signed as I find it unfavorable towards me as a tenant it stats that if in case of early eviction from tenant,s side before agreement period of 11 months end if I decide to leave/evict shop then he would cut whole 11 months rent and refund the remaining whereas my monthly rent is Rs. Eleven thousand so i wont be getting anything back so I argued saying this is not a proper agreement as I have not seen anything like these I have three to four recent agreement copy of other business which my relatives own and which are notarized in court and signed by both parties but in my case he seems like a fraud and I don't wish to continue renting his premises as its only been a month so how can I get my money back as to I don't have a rental agreement as I'm afraid even for proofs purpose if I make a new notarized agreement from my side , he may not sigh it , so my only proof is money given by bank cheque , can i file a 420 police case against him or what do I do next ?
Rental advance recovery comes within the ambit of civil nature so you cannot effectively file complaint under the provisions of IPC, however you can maintain a civil suit for recovery with interest and damages etc.
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Ayantika Mondal @ Prime Legal
Responded 4 years ago
Hope you are doing good.
In my humble opinion, a complaint U/s 420 may not be a good option at all. The rule of Law allows everyone with a legitimate cause or grievance to avail remedies available in criminal law. However, a complainant who initiates a prosecution with the knowledge that criminal proceedings are unwarranted and the remedy lies in the civil law, should try to find our remedy at civil jurisdiction. And on such grounds itself, he may quash the complaint/FIR.
I suggest to vacate the premises by giving a month notice in writing seeking the refund of deposit and clear reason for vacating the premises ( you may send it by registered post) to create a proof, thereafter after lapse of the notice period approach a lawyer to issue a legal notice and file a civil recovery suit. As the amount is 1L, so the matter will post in small causes court wherein the case may get close in 6-8 months of time.
Kumar Ranjan
Responded 4 years ago
Its my suggestion that you should first approach your landlord and ask for the rent agreement to be done.
If he doesnt agree for the same than you can approach the nearest police station and file a complain regarding the same.
If you not found that resonable answer from the police you can file a case under section 200 of 153(3) for 420 admission of case.
And the notary agrement is also applicable for the proff of tenant.
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Thanks,
Adv K S Ranjan
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