Token amount taken by owner and not returning in case of cancellation after 1 day
4 years ago
We actually gave 20,000 rupees(Gave more) as a token amount/rent advance to the owner on 12th may . On 13th may , we called owner and cancelled renting flat due to personal reason . Owner promised to return money back but he is not returning now . He told to return 10k now , taking 10k in his pocket .
Few more details :
1.) I have transaction ID of 20,000 rupees that i have transferred in his account .
2.) Total rent of flat is 30k monthly .
3.) We have cancelled it after just 1 day .
I want to know that is it possible to file any fraud case against him either on consumer court or actual court . How much amount i expect to take it out of 20,000 ?
A.You can get issue a legal notice from my office
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Shreyash Mohta
Responded 4 years ago
A.Sir,
In case you had any written rent agreement please do share the same.
Such rent agreement usually have a cancellation clause which in deal with a 10% 25% 35% 50% and 100% withholding amount depending upon the situation.
Under your case, if there is a rent agreement whereby there is a clause that allows the landlord to deduct 50% of the advance amount after taking possession of the premise then he has done so legally.
If in case there is no such % mentioned then you can send him a legal notice stating your facts and if he does not comply with the same then you can file a suit in the Civil court or any other appropriate court.
If in case there was no written rent agreement signed, then, follow the process mentioned above and then proceed.
However, it must be noted that the landlord has also lost his money as he would've got 30,000/- per month and has to settle with 10,000/- over and above which he needs to find a new tenant which again will be a difficult task for him.
Thanks
In case you had any written rent agreement please do share the same.
Such rent agreement usually have a cancellation clause which in deal with a 10% 25% 35% 50% and 100% withholding amount depending upon the situation.
Under your case, if there is a rent agreement whereby there is a clause that allows the landlord to deduct 50% of the advance amount after taking possession of the premise then he has done so legally.
If in case there is no such % mentioned then you can send him a legal notice stating your facts and if he does not comply with the same then you can file a suit in the Civil court or any other appropriate court.
If in case there was no written rent agreement signed, then, follow the process mentioned above and then proceed.
However, it must be noted that the landlord has also lost his money as he would've got 30,000/- per month and has to settle with 10,000/- over and above which he needs to find a new tenant which again will be a difficult task for him.
Thanks
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