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How to get back advance amount from owner


17-Jun-2023 (In Consumer Court Law)
While moving in into new house i have transferred​ (online transaction) advance amount to my owner. Now I've vacated the flat but owner is not giving back the advance amount (I didn't made rental agreement). How can I get back the advance amount ?
Answers (5)

Answer #1
365 votes

If the owner has confirmed the receipt of the advance rent payment through email or WhatsApp chat, you can take legal action by filing a police complaint for cheating and also file a civil suit for the recovery of the money. However, it is important to note that without an acknowledgement from the owner, any legal action would be futile. This is because the owner may claim that you have already repaid the amount which you allegedly owed them in the past. Therefore, it is necessary to have evidence to support your claim against the owner before proceeding legally.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Answer #2
759 votes
Hello, Did the owner acknowledge the receipt of the amount ( email or whatsapp chat etc) that he has received the amount towards the advance payment of rent when you transferred the amount? If yes, you can file a police complaint for cheating and also file civil suit for recovery of money. If there is no acknowledgement from the owner that he has received the amount towards the advance payment of rent, it is futile for you to think to take action against the owner as in the absence of any acknowledgement he may say that you have repaid the amount which you have allegedly taken from him in the past. Therefore, if and only you have any evidence against him, you can proceed legally.
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Advocate B. Srikiran

Adv. B. Srikiran

LawRato Hyderabad | 5+ Answers
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Answer #3
560 votes
Hi.you file cheating case aganist owner and also file receipt of online transcation. Give complaint in Nearst police station your problem will be salow. Another chance to file private complaint in court directly. With evidence.
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Advocate S Madhusudhana

Adv. S Madhusudhana

LawRatoRayadurg | 25+ Answers
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Answer #4
934 votes
You can get back the amount by issuing a notice that the rental agreement is oral agreement and the amount is transferred from it accounting so and so date and you can claim back the advance amount with interest .
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Advocate Dwara Pallavi

Adv. Dwara Pallavi

LawRatoHyderabad | 200+ Answers
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Answer #5
652 votes
Question: While moving in into new house i have transferred​ (online transaction) advance amount to my owner. Now I've vacated the flat but owner is not giving back the advance amount (I didn't made rental agreement). How can I get back the advance amount ? =You have to maintain proper receipts. You have not mentioned what is the rent. Whether it comes to Rent Control Act or T.P.Act.
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Advocate Ravinder Pasula

Adv. Ravinder Pasula

LawRatoHyderabad | 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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