Shreerang Ketkar (Lawyer) 10 June 2012

Landlord not refunding security deposit

Hi,

A company has taken an office in Chennai on rent and executed a Leave and Licence ageeement. A security Deposit was paid to the landlord which was equal to 8 months rent. The Company has vacated the premises after 3 years after giving due notice. At the time of vacating the office an agent of the landlord (Manager of the Building) has acknowledged a note for peaceful handing over of the possession. A Leave and Licence agreement has been executed between M/s R P Raja Rajan Enterprises (Partner Mr. Parthiban, who has signed the agreement)

Now the landlorad Mr. Parthiban is not refunding the security deposit of Rs.6.00 Lacs to the Company.

Can the Company file a complaint (FIR) in the nearby policestation? under which section of Indian Penal code the FIR can be filed against M/s R P Raja Rajan Enterprises whose proprietor is mr. Parthiban for not refunding the security deposit?

Is ther any other method of faster recovery of the amount?

Reply Follow

5 Replies

ganesh ramaswamy (Regional Manager) 04 July 2012

You have not specified what are the terms of leave and license agreement... wnhy land lord is not refunding the security deposit, is there any damage clause in the agreement, is the security deposit is adjustable or is is arefundable security deposit,

what is the reason given by landlord for not returning the security deposit....

once you clarify in detail , the solution can be suggested.

Shreerang Ketkar (Lawyer) 05 July 2012

As per the terms of Leave and Licence agreement the Landlord is supposed to refund the amount of Security Deposit immediately on handing over the vacant possession. We have already handed over the possession on 31 Jan 2012 and handing over is acknowledged by the manager of the Landlord.

The Landlord is just delaying the repayment. He has not given any technical reason. He gave the reason that he is busy in marriage of his son. And now a days he is not picking up the phone.

Shreerang Ketkar (Lawyer) 05 July 2012

The Landlord is just delaying the repayment. He has not given any technical reason. He gave the reason that he is busy in marriage of his son. And now a days he is not picking up the phone.

Adv Rohit Dalmia 9324538481 (Lawyer) 07 July 2012

first you need to serve a legal notice to the landlord even after that the landlord is not returning the money theb you have to file a civil case against him for recovery of the money.

Further, it is always advisable to collect the pay order/ demand draft from the land lord simultaneously while handing over the peaceful possession ot the landlord.

Incase you require any legal assistance you may call on 9324538481