Recovery of lease deposit
Gopi V
(Querist) 15 March 2014
This query is : Resolved
I have taken an office under lease. For this i have paid a refundable security deposit of Rs.225000. we have created an agreement, i paid the amount through bank channels and i am holding the stamped receipts from the landlord for the amount i paid. As per the agreement, the lease term is 1 year and extendable by mutual consent. I occupied that office for 1 year (From Mar 2012 to March 2013) and i vacated the office in April 2013.
The landlord has told me that he will be returning the amount before May 2013. However, still he has not repaid the amount. Whenever, i try to contact him, he says he will be returning the amount in 2 days/1 week/1 month like wise.From May 2013, he is telling like this and keep on postponing the payment.
For this, during this one year i have given three notices for demanding the money. He has received all these notices and did not respond in writing. I have acknowledgement for the receipt of these notices as i sent through RPAD.
I have taken back all things, however i did not give the key to the landlord as he already cheated another tenant by not returning the lease deposit. However, i am ready to give the key to the landlord immediately on receiving my deposit from him.
Police is not accepting my complaint as it is purely a civil case.
What could be the best step next..?
If legal suit is the best, could you please suggest me the following;
1) What is the approximate time frame for the judgement..?
2) What could be the approximate cost of suit including Lawyer fees, court fees and other incidental exps..?
3) Will the expenses incurred as said above will be reimbursed from the landlord..?
4) I am demanding the interest @3% per month from May 2013. I am demanding this because i have paid this deposit with the borrowed money @3% per month.
5) If the above interest is not payable, what could be the interest i will be getting..?
6) Should i surrender the key to the landlord before initiating the suit..?
Please advice. Thanks in advance..
prabhakar singh
(Expert) 15 March 2014
Law suit for REFUND is the only remedy,best or worst,you have.
Court fees would be charged ad volerum depending upon state law of which the matter is.
Lawyer's fee is mater of individual inquiry.
No guarantee about time,may be three years.
if notices served so far has not claimed interest as damages,a fresh notice should be sent.
Time to file suit is 03 years from the date refund has become due.
Rajendra K Goyal
(Expert) 15 March 2014
Agree with the expert prabhakar singh ji.
1) Judgement may take 3-5 years or even more depending on the work load with the court.
2) Approximate cost of suit including Lawyer fees, court fees and other incidental exps can not be predicted. Stamp fee varies from State to state and also lawyers fee differs from Lawyer to Lawyer.
3) Expenses incurred on Lawyer fees, court fees and other incidental exps may or may not be awarded by the court / reimbursed from the landlord. Even if reimbursed it may be a % of it.
4) Court my not allow 36% interest as demanded by you.
5) Interest payable depends upon the court judgement.
6) Landlord may counterclaim rent and damages for the time you have not handed over the possession of the premises.
T. Kalaiselvan, Advocate
(Expert) 16 March 2014
I fully agree with the views, opinions and suggestions rendered by experts Mr. P. Singh and Mr. RK Goyal above. Thus, since the building keys have not been handed over yet, the landlord can prefer a claim for damages till date and may make a deduction from the security deposit amount held by him.
