Theft in rented house

Querist : Anonymous (Querist) 03 June 2018 This query is : Resolved
03/06/2018 18:08:47 Hello sir.. . Staying in Bangalore in a rented house.. yesterday at night my mobile ph was stolen from the room . The windows are not in a good condition .. it doesn't get locked properly..after several times I have informed the land Lord.. but he didn't fix it .. and the mobile was stolen through the window. It happened Because of there lack of responsibility and neglegency. I called 100 and the police came. I complained and they have taken all the details. But i had to suffer a huge loss because of the owner.i want to ask you .. can I take legal actions against the house owner?

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K Rajasekharan (Expert) 03 June 2018
House owner is not liable for the loss you had suffered on account of your negligent keeping of a costly mobile without due care near the window of your rented house that could be easily broken by anyone, a thing which you have been quite aware of.

On the other hand if there is some lapses on the part of the owner in the contract between both of you, it is possible for you to proceed against him for enforcing his part of the responsibility and for damages on account of that specific lapse, as well.

Ms.Usha Kapoor (Expert) 04 June 2018
iT IS GROSS NEGLIGENCE ON YOUR PART TO LEAVE YOUR MOBILE ON THE DAMAGED WINDOW.. A BIG WIND IS ENOUGH FOR THE MOBILE TO FALL OFF AND GET BROKEN OR STOLEN AS WINDOWS ARE NOT PROPERLY COVERED. WITH DOORS.. LANDLORD'S CONTRIBUTORY NEGLIGENCE ALSO IS THERE AS IT IS HIS RESPONSIBILITY TO GET THE DAMAGED WI9NDOWS FIXED.YOU CAN CLAIM DAMAGES FROM LANDLORD FOR THEFT OF YOUR MOBILE ON HIS CONTRIBUTORY NEGLIGENCE.

Sudhir Kumar, Advocate (Expert) 04 June 2018
You could have well in time given a notice to the landlord and got the window repaired and adjusted expenses from rent.

You did not do so. You knew very well (as appearing from given facts) that window does not get locked. You opted to keep costly property near the same. So it is you who lost it. Landlord is not insurer.

Dr J C Vashista (Expert) 04 June 2018
After reporting the matter to police, calling them at 100, you have already initiated legal process, if your story is true, which is, prima facie, a fabricated story.

Guest (Expert) 04 June 2018
A clear hypothetical story, as you propose to take legal action against the owner of the house instead of trying to get hold of the thief and punished
Your story seems to be quite imaginary on another aspect, as if the thief was interested in stealing only your mobile phone from your rented house by leaving everything intact without touching.

Better discuss the real problem if there be any. Instead of suing the owner of the house, better shift to some safe house.

Querist : Anonymous (Querist) 06 June 2018
Thank you for your reponses.. let me tell.. M very New to Bangalore. I stay alone so I came from the office and the battery of my mobile was empty so I kept it to charge.

And I was told by my landlord that the area is very safe.

I was in the hall . I heard noise . And I came and saw that the mobile was gone .

I have given enough time to the landlord to fix the windows .. And I have given deposit to him .
.
I am looking for a new place for rent .. but when you are new to a city .. you will need sometime...

And let me clear myself..I have no interest to create a story ...i searched for this website because I wanted some advice.. because IT is a huge loss for me.

I have already made complain .. with all the details of the mobile...And IMEI number.

I agree that it was foolish of me to keep the mobile in front of the window ...but a person cannot be 100 percent carefull in his/her's own bedroom all the time ..maybe it would not have happened if the windows were fine ..

Querist : Anonymous (Querist) 06 June 2018
And to Adv Kamakshi -- I don't think you know how to talk with decency . So please stay out of this discussion. Your advice is not needed here .

Guest (Expert) 06 June 2018
Mr./Ms. Anonymous,
Electricity Boards are kept near the entry doors, but not along with windows.

Querist : Anonymous (Querist) 06 June 2018
Mr.Dhingra... will you please explain that line a bit more?

Guest (Expert) 06 June 2018
Your own house can explain much more, if the charging points/ sockets have been kept along side windows. Side by side you may see the layout planning of other houses nearby your house and would be able to understand, what is the layout of electric power supply lines.

Guest (Expert) 06 June 2018
So far Meenakshi is concerned, she is a real menace in the guise of some false name and is a disgruntled quack. She appears at the LCI just for her fun and abusing the querists and the experts.

Querist : Anonymous (Querist) 06 June 2018
People like kamakshi should be banned from the website. She/he has no right to harass the experts or the queries.

Querist : Anonymous (Querist) 06 June 2018
Thank you so much Mr.Dhingra Uncle. It was nice talking to you . Thank you for giving the right advice. ☺

Guest (Expert) 06 June 2018
You are welcome. Hope you would have liked my advice on your phonic talk.

Querist : Anonymous (Querist) 06 June 2018
Yes ☺... Thank you so much . Your guidance was needed.

Theft in rented house

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