LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Yogita (Senior Manager)     04 May 2015

Threat from tenant for deducting damages charges

 

Dear Seniors,

I am facing this unusual situation with my tenant for the first time so far for my flat in Kharghar, Navi Mumbai. they have just vacated the house with lots of damages and bought 6-7 guys from his relations and fought with my husband and injured little on his hand. My query is as follows:

1. I had an agreement of 1 year with him and he had not renewed the same despite of several reminders and always remain unavailable when we go to meet personally, but assures everytime for the same.

2. After the tenure was over he has increased the amount minimal by Rs.500 without any communication on his own, later on when we asked them of deducting the amount from security deposit he agreed for that for adjustment, whereas there is one clause in agreement that if it is not renewed the rent will be treated as double.

3. They have broken aquaguard, switches, doors, knobs, fans,jet pipes, and 28 tiles of floor, which they are quoting under normal wear and tear and that they were broken before they shift, apart from the walls they have ruined which we are not even considering.

4. on asking for tiles they started fighting and before hand only they bought 6-7 people in my flat without our knowledge and fought badly with my husband and BIL, but after security and society office interfere they left giving threat warning that they know some big shot and will see us.

5. We have taken all the pictures and also made video clips of tiles.

Please advise how can we treat this matter, do we have to go for police case or consumer forum because amicablly they are impossible to deal?

 

Please suggest.

 

WIth Regards

Yogita Parihar



Learning

 2 Replies

ROHIT SHARMA (Legal Advisor )     04 May 2015

1. You can file a summary civil suit against him with specific averments that the suit has been filed under order 37 Rule 2 of Civil Procedure Code, 1908 seeking the rent at double the rate for the period after which he has not renewed the contract and had continued to occupy your premise.

2. You can refuse to return the security deposit if he avers in reply to your suit that such dues be recoverable from the security dues which you can claim to be have been adjusted towards the dmamage that he has casued to your property and that no specific condition was mentioned in the contract as why the security deposit  was taken stating that it included even for security as for compensation for the damages to your proerty and that if done would be deducted from such security deposit. 

3. You can file a written police complaint against him if you have his forwarding address alleaging commission of an act of being a member of unlawful assemby punihable u/s 143 I.P.C., for  house tresspass after having vacted  your premise which act of offence being punishable u/s 448 I.P.C. , inetntionally insulting you with an intent of provoking breach of peace which is a criminal offence punishable u/s 504 ;  and and casuing hurt punishable u/s 323 I.P.C.

 

 

Yogita (Senior Manager)     04 May 2015

Dear Seniors,

I really appreciate the efforts you put in answering my query, thanks a lot for your valuable advice.

One more suggestion i need can we sue him for misbehaving and fighting/ Threating and to claim the amount for damages because my estimation for repairing the tiles alone is 1,38,000 INR apart from other repair works and deposit is 50000 only.

Please suggest.

 

Regards

Yogita

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register