Fraud 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.
You need to urgently file the case before the small causes court Or competent authority if from Mumbai or before the competent court in your local city to recover your dues.
Also it's a criminal act for cheating and fraud. So file a police complaint too.
Kindly engage an Advocate who deals with tenancy matters.
Prakash M.
Replied 1 year ago
Thank you sir
Subhashis Paul
Responded 1 year ago
You can file a written complaint to the police station and it would be better if you take help of an advocate for the framing of proper formal complaint.
Hope it helps.
Such cases are many and you have 2 options
1. u may approach Police to lodge complaint for cheating u without disclosing the Bank Loan
2. U may approach High Court saying that u r ready to purchase the house and thus your representation may be referred to the Bank to consider the same to avoid immediate eviction of you from the house.
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