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Pradeep (ddd)     16 May 2011

Alps Estate , Bangalore : Rental Deposit not returned in ful

 

Hi,

I was living on a rented apartment (2BHK, 1700 Sqft) in Bangalore (Alps Estate , Sarjapur Road) for 2.5 Years (2007 - 2010). The owner of the Flat was Dr. Rama J paraki who is a psychology department head in Jyothi Nivas college, Koramangala. She collected 10 months deposit of 1,30,000 Rs. But when I vaccated she didnt give me back the full amount and deducted 28,000 RS for Painting. The rental agreement only states that an amount (no amount mentioned) will be deducted at the end as part of painting. I complaint to her that this is too much for that and in turn I will do the painting and give back the flat. But she insisted she do the same and didnt return that amount.

 

I checked with many painting persons and they said they can do this with 6,000 - 10,000 Rs. Even When I checked with Ramaa she asked me to vaccate and then we will bring our own personnel and finalise on the price. After we gave back the keys, she never came back nor answered my calls. She is absconding from me and she didnt return the balance amount!

 

Initially She seemed to be a decent women, but later found out to be a very arrogant one. She used to threaten us many times with her mails. She threatened me with legal consequences and bought her advocate to the flat too when I was vaccating. I asked her 3 months back before vacating to reach an amount for the painting. I knew going by her nature, she wouldnt fully payback my deposit. But she kept on delaying and never told me whats the amount she is going to charge me. If I knew this before, I would had done the painting and handed over the Flat on time.  

 

Later I came to know that she made many modifications in the bathroom and also other construction inside her Flat using my money.

 

How can I claim back my money? Is there any rule which says regarding the legal limits of deduction from Deposits? How can an Owner insist that they should only do the repairs? Can I approach the consumer court?  

 

Please help me in this. I am cheated my this lady who is a professor by job, but behaves like a real fraud.

 

Regards,

 

Kumar,

Bangalore, India



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     16 May 2011

If you have any documents to show that amount is deducted then you can issue legal notice to her to pay the balance amount within ___ days. Wait for her reply, if she failed then you can file a civil suit but you have to produce the documents, without documents you cannot file a case.

1 Like

Pradeep (ddd)     16 May 2011

She paid the amount thru bank. So I can prove that. Also my rental agreement shows the deposit. I hope thats enough. I have been checking with people for sometime. 

1.  this occured in Feb 2010. Do you think still I can claim after about an year?

2. Also since an amount was not mentioned in the contract, can she make a counter claim stating that this much was required for repairs?

3. If I file a legal notice and go thru court, will this take years to complete?

vijay (pqr)     17 May 2011

hello ,

i am a tenant for about 2.5 years  in a  shop & i got stay from district court from forcefull eviction.

 

then my landlord file a case in rent act for eviction. but in me & my landlord there is no rent agreement nor rent slips but he claimed arrears of 20 months.but originally there is no presence of such arrears.so please give me advice about this case. my landlord make ground for personal necessity .

sam (Software development Advisor)     04 August 2011

I taken a new house on rent with 1.20 lakh as deposit amount.

I created the rental aggreement with the Owner on 200 rs Stamp paper.

And owner has taken the formal copy of that document and Owner is not giving me origional document of that aggrement and has just given me the Xerox.

I have 30,000 Rs check remaining to get encashed.

As owner is not giving me origional copy of rent aggrement. Should i vacate the house ? and stop the payment of 30,000/- remaining check


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