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Vikas Dharmendra (Consultant)     13 September 2012

House owner is not returning the advanced deposit amount

House Owner is not returning advanced depsoit amouot which was given him at the time of possession. now even after 8 month , vacating  house , he is not returning money and avoiding meetin  and not picking phone calls.  We have given by cheques and have rental agreement with all terms and conditions.

 

Please let me know all possible ways to recover amount



 4 Replies


(Guest)

If you have documentry evidence to prove your claim than contact to owner and record his confession if possible.

If not use said contaract & cheque details as evidence and give him legal notice.

But remember you need prove that you paid every month rent regular and token amount is extra.

Bhawani Mahapatra (Law Officer)     13 September 2012

Dear Vikash

If your agreement spelt about the security deposit made to the land owner and despite demand if he is not returning the said amout, pl. check once with the other clause like notice period of vacating, deduction of security deposit for failure of performance of your part to any extent etc. Also check with the arbitration proceedings, if any for dispute resolution of the parties.

If you don't find any reason for the said refusal, you can file a suit for recovery.

stanley (Freedom)     13 September 2012

I agree to Mr Prajapati and Mr Bhawani and the main clause to be checked would be the deduction of security deposit  for failure of performance ," any damages " etc and than file a suit for recovery .

Vikas Dharmendra (Consultant)     13 September 2012

He has given said premise to other persona already with doubled rand palying delaying tec tics with us,   As per the clauses  we have given him notice of vacation before 3 months and he is supposed to return amount after 3 months deduction o rent, thats all.   


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