House owner refusing to give the security deposit amount
Sreenath
(Querist) 02 March 2012
This query is : Resolved
Dear Sirs,
My name is Sreenath P.V,currently residing in Chennai. and my problem is regarding the security deposit amount of Rs 50000,which I have not yet received.
Before moving from Mumbai to Chennai,I have been residing in the Flat 834,Bldg 42, Mangal Darshan Cooperative Housing Society,Samta Nagar, Kandivali East, Mumbai 400101, from 06/May/2011 to 20/Jan/2012 .
I have got this flat through a proper agreement 24/April/2011 to 23/March/2012 ,from broker named Shailesh, Monarch Real Estate Consultants,Gokul Residency Shop #17 Thakur Village Kandivali East Mumbai -400101, Mumbai, Maharashtra on behalf of the owner Mrs Asha.P.Bandekar.
I was paying a rent of 11500 /Month.
As per the agreement if the tenant vacates before 6 months then there is a liable amount to be paid to the owner but after the tenant have completed a stay of 6 months , the tenant can give a notice period of 2 months and vacate the flat.
On Dec 19th,2011 ,I gave a verbal notice to the Broker Shailesh of Monarch Real Estate Consultants and on 23rd Dec 2011, I have provided the notice in written.I have vacated the flat on 20th Jan 2012 in the presence of another staff from Monarch Real Estate Consultants,Ashok- 9757444262, who verified that the flat is in the same condition as it was provided to me(have the recorded audio of the same) .
But after that the harassment began. As I was never provided with the owners address or number ,I was unable to contact the owner from my end .The only person whom I can contact is the Broker: Shailesh. When I asked the status , I was told by the Broker Shailesh that owner is not in India and so he was unable to give the letter of notice to her.
After a numerous amount of calls finally I was told that if someone else occupies the flat by that time I will get my deposit amount back.
Finally the owner arrived in Mumbai on Jan 10th 2012 and I was shocked when I got to know from Broker that I have to be there for the entire tenure of my agreement which would be from 24/April/2011 to 23/March/2012 and that she did not accept my notice application which is ridiculous. And till now this broker has not given us any contact details of the owner as he kept on saying that the owner was a senior citizen and that she is not willing to interact with the tenant directly.And I was only informed through the broker that until someone occupies the flat I will have to pay the rent till the end of agreement even after giving two months notice which is absolutely baseless.
I have sent a registered post and emails which is attached here.
The records of the conversation is also also available with me as they rejected my written notice and refused to give any acknowledgement.
Now Am being told that I wont be getting the amount till someone occupies the flat and the Broker is threatening me that I wont be getting my amount at all.
I would like to take a legal action against this broker and the owner who do not seem to be respecting any law.
Please suggest what could be done on this. What is the procedure for taking a legal action against them.Also people say that it may take years to solve the case and i would have to run behind it.I dont know what to do. Any help would be greatly appreciated .
Thanks in advance ,
Sreenath
My number is 9920229109/9840564625.
adv. rajeev ( rajoo )
(Expert) 02 March 2012
you will have to file a suit for recovery of money in the civil court. It may takes time, it depends on the pendency of the cases in the court.
Deepak Nair
(Expert) 02 March 2012
Filing a suit for recovery is the remedy available to you.
ajay sethi
(Expert) 02 March 2012
issue legal notice first . maybe o receipt of notice landlord will refud your money . if it fails then file summary suit i n bombay high court
V R SHROFF
(Expert) 02 March 2012
Send copy of your LL Agr by E Mail to me adv.shroff@yahoo.in
Because I cannot believe your statement "As per the agreement if the tenant vacates before 6 months then there is a liable amount to be paid to the owner but after the tenant have completed a stay of 6 months , the tenant can give a notice period of 2 months and vacate the flat."
Why should you handover keys & give back possession w/o getting back your Security Deposit??
If you have Registered LL Agr with this wording , you have remedy, otherwise NO.
Sreenath
(Querist) 02 March 2012
Shroff sir,
Thanks a lot for your response.
I don't have the scanned copy right now.May be I would send it tomorrow.
But this are the exact statements from the LL Agr:
Clause 15: "In case the Lincensor/s desires to evict and or to remove the Licensee he/she/they shall/should give at least 30 days prior notice to that effect and similarly if the Licensee decides to do so she/he has to give at least 2 months prior notice (as per mutual consent between the parties hereby that Licensee will stay minimum of 6 months in said premises in event of early vacation by Licensee then Licensee liable to pay flat owner's legal charges which (already paid by Licensor at the time of execution)."
Regards
Sreenath
Shonee Kapoor
(Expert) 04 March 2012
Issue him legal notice and then follow in court, if needed.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
