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Legal advice on illegal demand of landlord Legal advice on illegal demand of landlord

3 years ago

We are a Company and tenant of Mr. Raghav in Muzaffarnagar
We wants to vacate the property of Raghav
Raghav in lieu of security amount i.e. Rs.5, 50,000 demanding Rs.2, 00,000 (Illegally without any bills) as an
electricity amount. Raghav in lieu of security amount i.e. Rs.5, 50,000 agreed to pay Rs.2, 00,000.
After paying Rs.2, 00,000, he transferred 50% of Rs.5, 50,000 and promised to return balance 50%
within 48 hours. However, after 48 hours he demanded Rs. 2, 00,000 on grounds of brokerage and
registration fee paid at the time of registering the property plus another month of electricity of
Rs.15,000 , whitewash expenses Rs.50,000 totaling to Rs.1,75,000.
Points to be noted:
1) We suffered the same expenses at the time of brokerage and registration and the reason to
shift the property after 1 year of lock in was because of landlord illegal demand of electricity bill
verbally.
2) Also he is harassing us verbally to pay him rent as 50% in cheque and 50% in cash to save the
Income tax whereas we denied paying in cash. However, he said he was getting the same 50%
cash and 50% cheque from other tenants as well.
3) Landlord did illegal construction on terrace (Tin shade) and all the electricity consumption was put
on us. Please advise legally what to do

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hai,
Section 425 of IPC states that whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief. You can file suit for declaration and mandatory injunction in a civil court as well. You can also claim damages in the same suit. If you found this helpful, please rate us.
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Anik

Responded 3 years ago

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A.Hai,
The tenant should go to the police station having jurisdiction over the area where the offence is committed. Report to officer-in-charge/ station house officer and tell the officer to register the complaint. Also mention the names of the witnesses, if there were any witnesses present. In case the information is given on the telephone, you should subsequently go to the police station for registration of F.I.R. After filing the FIR, you should not forget to take the copy of the FIR for further procedures. If you found this helpful, please rate us.
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