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SM   14 February 2021

Brokerage issue

I was staying in Navi Mumbai on rent based on agreement from April-2019 to March-2020. In March-2020, There was an agreement on stamp paper for the above period through some broker. I paid deposit of 60000 INR and rent of 20000 INR. I went to my native place because of dads health. There was lockdown declared in the same month and I was stuck at my native place. However I continued to pay rent based on previous agreement to my owner. There was no renewal of agreement due to lockdown. I vacated the flat on November 2020 due to financial reasons. When I asked my owner to return my deposit amount, my owner is asking me to pay notice period rent that is for December 2020. In addition to this he is asking me to pay brokerage. I told him that I have requested the broker not to take any brokerage. Now the owner says that it is his broker that should be paid the brokerage. I came to know that there are 2 brokers involved in this case. However I have never met his broker or submitted any kind of documents to him for agreement. I gave all of the above to my broker. I told him that I cannot pay someone who was not involved during my first agreement. There is no name mentioned or any signature or any kind of involvement on paper of his broker. I want my deposit back which is with the owner. Is there any law which would help him take legal action and how strong would be my case?

Read more at: https://www.lawyersclubindia.com/forum/brokerage-issue-215512.asp



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 2 Replies

Pradipta Nath (Advocate)     14 February 2021

Based upon the agreement you can serve upon the landlord a legal notice to return your money. If he don't you can file a money recovery suit under Order 37 in the civil court and also file a criminal complaint under section 406 and section 420 before the criminal court. 

Further please convey your landlord that you are not obliged to any promise which he has made to any third party.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     15 February 2021

AGREE with above Expert's Advise.

Keep Smiling .... Hemant Agarwal
VISIT:  www.chshelpforum.com


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