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Owner not returning property deposit, what action can i take?
15-May-2023 (In Civil Law)
I recently vacated a rented premise, and had all dues calculations settled and agreed to by both the parties via email and online documents. The owner agreed to pay the deposit back, made a partial payment, sent me a screenshot for a scheduled transfer of the rest of the amount (~1Lakh), via whatsapp. He then picked up a fight over a petty reason (cleanup not done as per his expectations, even though I have paid a month's rent to cover for all cleanup, painting and wear & tear fixing), and has seemingly withdrawn the scheduled transaction from his bank. I feel this falls under section 415F - cheating and forgery, and intend to start legal proceedings against him. Have a few questions regarding the same - 1. What will be the costs involved for legal notice and recovery? Do I have a case here? 2. Can I claim the legal costs involved and my productive time lost in damages from him? 3. I intend to impose 2% monthly interest on the dues. Does something stop me from imposing it?
Criminal cases do not get your money back to you - it only punishes the accused if proven beyond all reasonable doubts - you can file a criminal case and parallelly you should file a civil suit for recovery
--- Advocate C V Srinivasa
--- Advocate C V Srinivasa
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You can file suit for recovery of money first you have to issue legal y which costs 2000/- and rent agreement is registered or not if not u have to get admission from him that u were tenant since u have to show to concerned police the message sent from your owner through mobile screen shot since it is a documentary proof to file suit and court fee has to be calculated according to valuation and regarding Criminal case u have to shell money to police station for recovery.
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Adv. Nagesh B L
Bangalore | 200+ Answers
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1. What will be the costs involved for legal notice and recovery?
It depend on the advocate whom you approach.
Do I have a case here?
Yes you have got the case.
2. Can I claim the legal costs involved and my productive time lost in damages from him?
Yes you can claim.
3. I intend to impose 2% monthly interest on the dues.
Yes you can do, But you must show that you have paid such interest to meet the said sum.
Does something stop me from imposing. it?
Law does not permit you to impose such interest but you can claim as damages. Good Luck.
It depend on the advocate whom you approach.
Do I have a case here?
Yes you have got the case.
2. Can I claim the legal costs involved and my productive time lost in damages from him?
Yes you can claim.
3. I intend to impose 2% monthly interest on the dues.
Yes you can do, But you must show that you have paid such interest to meet the said sum.
Does something stop me from imposing. it?
Law does not permit you to impose such interest but you can claim as damages. Good Luck.
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18+
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Adv. Chandraiah
Bangalore | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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