Rakesh 28 April 2022

Landlord not returning heavy deposit amount

Hello Sir,
I have taken a rent on heavy deposit 11L for two years, it's expired on 11-Nov-2021 since that time owner not returning the money, he saying until another party not come will not return the money. Even though we have tried to renew the agreement until he gets another party he's not responding the same.
Recently some persons from the bank came and said the owner not paying EMI's they filed a case in the court, they are saying once the court gives an order we have to vacate the house.
We have created an online leave and license agreement.
Can you please advise on the below things:

The bank or Court has the right to vacate us, even though the owner is not returned my complete 11 Lakhs
If I send a legal notice to the owner at this time can I get my money?

Can you please suggest how to proceed with this?

Thanks

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4 Replies

Advocate Y.K. Mehrotra (Advocate) 28 April 2022

Hello

I am an advocate. Landlord's refusal to return the deposit is faced by myself and had been resolved by me.

Yes, the court can order to vacate the premises but we can delay it. Your amount can certainly be recovered from your landlord along with the notice fees by way of a good notice. I happen to have such expertise and have first-hand experience in such matters.

Let me know at ykumarmehrotra@gmail.com if you want me to take charge of this matter.

Note: Legal Action needs to be taken as soon as possible.

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Divya Vijayan 28 April 2022

Hello sir!

You can send a legal notice under section 80 of CPC demanding the deposit back. If the owner is not responding positively, you can file for recovery suit, you can get the amount with interest till realization of amount and the compensation for harassment, legal cost and court fee.

You must send the notice and wait for the notice period and file a police complaint along with the copy of the legal notice.If the police can negotiate a talk without going to court you can get your money.

A suit for the recovery of money is an effective and efficient way to recover a debt from the debtor. The civil remedy for money recovery is suing a money defaulter. The suit may be filed under Order IV of the Code of Civil Procedure. However beware about the limitation period which is 3 years from the date when the cause of action arises. In M/S Shiva International Apparels vs M/S Omaxe Ltd on 17 January, 2015, it was held that in a suit for specific performance, limitation for suping for refund of advance amount would start either from the date of expiry of the time stipulated in the agreement or in case no time has been stipulated, from the date on which the plaintiff gets knowledge of refusal on the part of other party to perform.

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Manali Bhalerao (Practicing Advocate) 07 May 2022

Dear Client,

In my opinion, you can send a well-drafted legal notice through an advocate for the deposit amount.

and Court can order to vacate the premises.

Adv. Manali

8552800095

1 Like

Rakesh 13 May 2022

Thank you all for ur valuable suggestions.

Recently am came to know that Bank officials sent a letter to building society that they have initiated with SARFAESI ACT 2002 at any time court order can come if it comes then Bank will take posession.

Still owner not returning money.

Is there a legal way to stay in same house until I get my money.

Thanks