Owner not willing to give advance
Sonal Gupta
(Querist) 21 May 2012
This query is : Resolved
I have staying in 1bhk flat from the last 3 years whos current rent is 6200 rs and i have given 40 k deposit to the owner but we did not make any legal document , now I am vacating the house but the owner is not willing to pay the advance. Please suggest me what to do?
Adv.R.P.Chugh
(Expert) 21 May 2012
How would you prove you did pay Rs.40 thousand - do you have :-
i) Any reciept;
ii) How was the payment made cheque/etc or cash ?
iii) Has the LL ever acknowledged such receipt and do you have it in writing or recorded.
In absence of above I am sorry but no chance legally.
R.K Nanda
(Expert) 21 May 2012
Poor chances to get it.
Sonal Gupta
(Querist) 22 May 2012
Is there any thing which I can do now as I am staying at that place over the last 3 years , Owner also has nothing in writing. what are the steps which he can take to get the house vacated from me ?
Sonal Gupta
(Querist) 22 May 2012
Is there a way , I can stay at the house and not give the rent for few months and money being deducted from the advance ?
Sonal Gupta
(Querist) 22 May 2012
Please suggest me if I should vacate the house or shall I continue there without giving rent?
Shonee Kapoor
(Expert) 22 May 2012
:-) :-)
You continue staying there.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sonal Gupta
(Querist) 22 May 2012
what are the actions which the owner can take against me and will it be in favour of me or him?
V R SHROFF
(Expert) 22 May 2012
I suggest :
if u r with truth do this:
File a Suit for Standard RENT
As Your Owner is threatening to evict you, unless you pay double the Rent, ask for PROTECTED TENANT.
A;so demand your Deposit of Rs. 1 Lakh collected by your Owner, deducting Standard Rent of Rs. 1000/- i.e 3000/- for 3 months.
So demand back Your Rs. 97000/-
Let Court Decide Eviction, Tenancy, or Deposits.
KEEP ALL YOUR RESIDENTIAL PROOF WITH YOU. Prove u r residing there for 3 years, and you are protected tenant.
He will Pay Double your Deposit back to you, or loose his Flat for ever.
TIT FOR TAT.
Sonal Gupta
(Querist) 22 May 2012
I have all the proofs to show that I am residing from more than 3 years and also the electricity bills for the flat are paid by my account itself. Can I know how to file the suit for standard rent and do I have file the standard rent of 6200 which I am currently paying?
Do I also tell me know that i will not be vacating the flat if i don't get the advance or send a notice for it ?
Sonal Gupta
(Querist) 24 May 2012
Can some body go through the conversation and provide me relevant solution?
V R SHROFF
(Expert) 24 May 2012
you are paying only 1k; not 6200/-
u have to engage Sr Adv, Lawyer of your locality, who will do the needful.
You can also get injunction order for harassing & threaten to evict without due process of law.
