Owner not returning the advance paid in absence of agreement


I shifted to a house on 31 January by paying Rs.50000 as advance; 40000 via bank transfer and 10000 by cash (handed over to the tenant in the adjacent apartment as instrcted by my owner as payment to the painters). A journal of days is given Day 1:We notice - Geyser pipe leak, flush tank pipe leak, dirty and stinking outlets of washing machine and kitchen zink, an open electric wire in the hall goes short with a spark resulting in power out, dirty floors in the second bedroom and kitchen, stinking kitchen tiles. We inform owner of these issues through call and sent photographs via whatsapp. Day2- Owner responds saying she'll send electrician next week. Day 4-Owner sent an electrician and plumber who did some stop gap adjustments to the leaks. We inform we wasnt to move out. We leave for home town. Day 7- We return. No current since owner didn't pay E-bill. Entire day we suffered. Day 8 - We move out. Now owner is returned only 32000 only. Will a legal recourse be helpful?

Answers (1)


239 votes

A legal recourse can be helpful in the present situation. However, to determine the validity of the deduction the reason for the Landlord making a deduction from the advance as well as the terms of the tenancy agreement will have to be examined.
Once those are reviewed, a final answer can be provided.


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