Rent dispute
Amit Kumar Kasyap
(Querist) 30 March 2009
This query is : Resolved
Sir, Myself Amit Kumar kasyap, Ajit Kumar jha and Bikash Thakur jointly took a flat on lease against a security deposit of Rs 40000.Tenure of lease period as per deed (unregistered) was April 2007 to Feb/March 2009.Now we wish to vacate the flat but the owner is not willing to discharge his liabilities of paying required sum. He is also making false charges on us that we have sub-lent the flat which is baseless allegation so that he could charge hefty sum for the violation of lease agreement. At this stage we feel cheated and helpless. Can we file a case in consumer court ? Please help and guide us
Regards
Amit Kumar KAsyap
+91 9886942911
Jithendra.H.J
(Expert) 31 March 2009
you cant approach the consumer court, it is purely a civil dispute, just give a notice stating that you are willing to vacate the house and demand for the deposit amount.
the draw back is that the deed is not registered, check out wether it can be used as collateral evidence.
if the owner does not comply to your notice, then you have to appraoch the court of law for recovery of the money.
OR
i think the owner is not able to pay the sum at present may br due to some financial problem(Recission!), with his consnet you can find and induct new tenants(with the new rent agreement entering witht he owner), and you can take deposit money from the new tenants, i think this is the best option.
Jithendra.H.J
(Expert) 31 March 2009
this query posted on 3/30/2009 at 12:04:25 AM and already answered by the experts
adv. rajeev ( rajoo )
(Expert) 31 March 2009
It is not a service deficiency case so u cannot approach the consumer forum. U can approach the civil court for reliefs.
PALNITKAR V.V.
(Expert) 31 March 2009
If the query was already posted I dont know why it is repeated once it was replied.
K.C.Suresh
(Expert) 01 April 2009
Civil remedy is avialble
Ashey
(Expert) 01 April 2009
you cannot approach the consumer forum
sanjay singh thakur
(Expert) 06 April 2009
Dear Amit
You cannot approach the Consumer Forum. Don't worry you have a very good case. However, I will suggest you all not to go for litigation.
