Vinay Reddy (Software Engineer) 23 November 2009

Rental advance not paid back although unoccupied

I have upfront paid money to a flat owner since he said he had no money in his hand to get the interiors done. He asked for a week time to get the flat ready and took specifications from me for the interiors to be done.

After one week, when I visited his flat to check the status, I've found that he did not get the interiors done as promised. When asked about that, he responded saying "move into the flat in the present condition or else take advance and go".

Surprised by his harsh response, I have asked him to pay back the money for which he asked one week time. It is 45 days since then but still I have not got my money back. He
now says that he needs to get a tenant to his flat to pay back my money. The worst part which I have realized in the last week is
that his apartment complex does not even have a power supply because of his internal conflicts with the builder of the apartment. So, I doubt if any one joins his flat soon. Can any one suggest the options for me to get back my money? All I have as proof is the bank statement (cheque) for the money paid.

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8 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 23 November 2009

file a cheating case in nearest POLICE STATION, They will solve the matter.

Vinay Reddy (Software Engineer) 23 November 2009

Originally posted by :Vinay Reddy
"	I have paid money upfront to a flat owner since he said he had no money in his hand to get the interiors done. He asked for a week time to get the flat ready and took specifications from me for the interiors to be done. After one week, when I visited his flat to check the status, I've found that he did not get the interiors done as promised. When asked about that, he responded saying "move into the flat in the present condition or else take advance and go". Surprised by his harsh response, I have asked him to pay back the money for which he asked one week time. It is 45 days since then but still I have not got my money back. He now says that he needs to get a tenant to his flat to pay back my money. The worst part which I have realized in the last week is that his apartment complex does not even have a power supply because of his internal conflicts with the builder of the apartment. So, I doubt if any one joins his flat soon. Can any one suggest the options for me to get back my money? All I have as proof is the bank statement (cheque) for the money paid.	"

Vinay Reddy (Software Engineer) 23 November 2009

Thanks for the prompt reply. Problem with police as you might know is that it it difficult to motivate them to take action. Add to that, the owner himself is a retired sub inspector. So, that makes it even a tougher job (because of his connections). I was told that consumer court is my best bet. Do you think I have a chance there with the evidence I have?

H.D.Kumaravelu (Advocate) 23 November 2009

Sir,

As per your version you do not have proof of tenancy except the oral statements. With regard to money aspect you say, he may simply say that you owed him money and that is why you have issued cheques to discharge the same. Get some more evidence for your case to stand.

Vinay Reddy (Software Engineer) 24 November 2009

Thank you! This is the confusion I have as well. However, does he not need to prove that he has actually issued money to me? Would it be acceptable to claim that way with out any proof? Am also trying to get a post dated cheque from him and I believe that it would be a good evidence (even if he cancels that cheque later). Is that correct?

H.D.Kumaravelu (Advocate) 24 November 2009

Sir,

The burden of proof is only on the party to affirms the same, here your case is that he has to return your money. You have to prove before the court that the owner owes you money, it is not his burden. Post dated cheques will help you along with a letter of confirmation that he will honour the cheque given by him in dicharge of the money he owes to you.

(Guest)

My suggestion is that better you first take possession of the flat immediately and thereafter you may fight it out with what comes to your mind / or legal advice. You will be in a better position to fight for amenities as the landlord should provide to a tenant on giving lease under the Rent Control Act.

Vinay Reddy (Software Engineer) 03 February 2010

Thanks every one for your advice. I finally could manage post dated checks from the guy and I believe it is easy for me to proceed legally now (in case those checks bounce).