Security refund laws in noida
Guest
(Querist) 08 November 2015
This query is : Resolved
Dear Experts,
I shifted to a paying guest accommodation in Noida last month (i.e. October 1, 2015). I paid 13,000 as monthly rent and 13,000 as security amount (to be refunded at the time of vacating). There was no rent agreement shared with me though. After shifting, I was not delivered the services I was promised (daily room cleaning, access to kitchen, and basic security). So, I notified the owner on October 15 that I will vacate the place by November 15. November 1 he came to me and asked me to transfer the rent for 15 days in November and promised that he will refund the security when I vacate. November 4 he said he had found some new tenants and told me to vacate the place by Nov 6 and said he will refund the security and the rent that I had overpaid. I vacated November 7 early morning - but he refused to give me the money back. As proofs, I have his call recording (I have a call recorder in my mobile in general) from November 6 night - where he admitted he will refund me the money back. I made all transfers online too. He is now bluntly refusing to give me any money back. Can I take any action against him - it is a clear case of cheating.
Anupam Lahiri
(Expert) 10 November 2015
This is a clear breach of terms of contract. On the basis of the calls record you can file a criminal case against him. But your interest is to get back the money you have paid. For this purpose you have to bring a money suit only. In this case the main problem is there is no solid proof of the terms of taking security deposit.
Dr J C Vashista
(Expert) 12 November 2015
You did not have any/sufficient evidence to the effect that you owe "some" money.More than the amount due you will have to spend on recovery through court, on proof.
Settle the matter amicably or put some social/other pressure to get "balance" of money.
Rajendra K Goyal
(Expert) 12 November 2015
Wait for some more time say two months.
Record all conversation meanwhile.
try to obtain post dated cheque towards your dues.
Afterward, send notice for refund of the security and move legally if no action.
K.S.Srinivas
(Expert) 12 November 2015
Agreed with Sri Rajendra K Goyal.
