I was renting a flat in Bangalore since June 2013. According to the rental agreement, Landlord will deduct 3 months rent + painting charges + damages from the security deposit if I vacate the flat before 11 months. For unfortunate reasons I had to vacate the flat in December 2013. Before vacating the place in december I had hinted the landlord that I might vacate the place in January 2014. I asked landlord that if I arrange another tenant for him will he let go the 3 months deposit and painting charges (as the house was in good condition). He agreed to my suggestion. But this agreement is no where documented. This was just a formal face to face discussion. Using property sites I arranged another tenant who occupied the flat in February 2014. Since Feb I have been asking for the security deposit. In March the landlord replied back that he will deduct 45K from the deposit of 70K and will only return 25K. Mentioned below is the details of 45K:
18K for Dec and Jan Rent + 18K for 2 months rent (vacating before 11 months) + 3K plumbing repairs + electrical repairs 1250 + Maintanance (Dec + Jan) Rs 3350 + Rs 1500 for eclectricity charges = 45K approx.
My argument to him is that I vacated the house in Dec and since I did not pay the rent and maintanance for the same he can deduct the same. I am also fine with him deducting rent and maintanance for Jan as he should not bear any loss for me vacating before 11 months. I am also fine with the other repair and electricity charges. But even after arranging a tenant he wants to deduct 2 months rent. He is telling me that he is waiving off painting charges and 1 month rent for the support I have provided in finding a tenant.
Infact he is just waiving off the painting charges. I vacated the house in december but he is deducting the rent for Jan + 2 months seperately ie for 3 months.
I have all the proof (mails and messages from property sites) that I have found the new tenant for the landlord.
After he sent all the calculations I told him that he was not reasonable and he must think about it again. He told me that he will come back to me in a days time. That happened on 6th March and since the I was waiting for his reply. I even called him up for follow up and sent him messages but he did not reply. One fine day when I kept on calling him continuously He messaged me from his number pretending to be his wife and told me that Husband is out of the country. I asked my friend to go to his house find out if he is really out of the country. My friend found out that he was still in the country.
Next day I told him to return 43K else I will take legal action against him. I immediately got his reply and not one but 16. At the end of our conversation is said that he will not return 43K but will only return 25K and that too I will have to go in person with the agreement. He will give me the chq once I handover the agreement.
Please suggest what are the options available to me. I want to sue this guy. Is this a civil or consumer case and how should I go about it. If I have to send him a notice please suggest the format and mode.
Thanks,
Shridhar Runthala.
09916133867
