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Landlord refusing to return advance money. What possible action?


06-Oct-2023 (In Landlord/Tenant Law)

I work for a nationalized bank and my bank provides us lease for accommodation. We liked a flat in Gurgaon and the landlord lives in Mumbai. 

 

On recommendation of the broker, the landlord talked to us over phone and agreed for the lease deed. However, he asked us to make an advance payment of Rs 10000/- for whitewashing purposes and we transferred the amount to his account. 

 

Later on he had some issues with the lease, so we asked him to return the amount i.e. Rs 10000/- so that we could search for an apartment somewhere else.

 

Now the landlord refuses to return the amount. What can I do?
 

Answers (1)

Answer #1
93 votes

We will have to see that how you made the payment of Rs.10,000/-. If you have made the payment vide cheque then you can send him a legal notice, thereby demanding your Rs.10,000/-. 

If he fails to make the payment within 15 days, then you can file a criminal complaint under Section 420 for cheating and file a suit for recovery.

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