Abhijit
(Querist) 13 September 2013
This query is : Resolved
we are the tenant and agreed to pay security deposit to landlord howevert the landlord wants to refund the security deposit after three months from we vacating the premises which is covered in the agreement. My query is where will be the jurisdiction either civil court or tribunal of small causes court for recovery of security deposit from landlord. and how much time it will take for recovery of money
ajay sethi
(Expert) 13 September 2013
if landlord fails to return security deposit file summary suit for the same .
Abhijit
(Querist) 13 September 2013
will it take 2 years to dispose off
Guest
(Expert) 13 September 2013
Summary suit won't take so much time as you anticipated. But you have not mentioned what reason he has advanced for taking three months in making your refund. However, it is necessary to go through the terms of agreement where the period of refund must have been mentioned. Probably his intention to delay refund would be to wait for the receipt of electricity, water and other service bills, if any, due against you for the period of your stay.
You may also adopt a simple solution to ask your landlord to give you a post-dated cheque of a date of three months later. If he refuses even to issue a PDC, you may file a summary suit to recover the security deposit.
ajay sethi
(Expert) 13 September 2013
court will pass order in summons of judgement taken out by you in summary suit within period of 1 year . jurisdiction would be of civil court
Sankaranarayanan
(Expert) 13 September 2013
i too agreed the experts advise. Try to get the PDC if he adamant to give then file summary suit.
R.K Nanda
(Expert) 13 September 2013
first send legal notice failing which file recovery suit in civil court.
Rajendra K Goyal
(Expert) 14 September 2013
Well advised by the experts, nothing more to add.
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