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What to do if the landlord is not returning my money
25-May-2023 (In Landlord/Tenant Law)
Hi, Recently I vacated my flat located in Koramangala, Bangalore and I asked my owner to return the deposit which is 30000 rupees as soon as possible since I had to leave for my hometown. She said she will return the money after two days and she didn't transferred any amount after two days. I kept calling her and texting her but after 15 days she transferred only 6000 rupees and I was shocked since that was the wrong amount she had to transfer. Rent: 8500 (painting charges) Deposit : 30000 Return should be : 21500 When I asked why she returned only this much. She told that 3 months rent she has deducted coz I have not given the rent which is completely false.And She just started telling lies and told me that do whatever you wanna do. I am not returning. Can I file FIR for this fraud and cheating? Also can I get my hard earned 21000 rupees back? Thank you
Based on the facts presented herein, I am unable to say whether any criminal activity can be proved before a Court.In order to prove Criminal liability, you would have to prove criminal intent as well as criminal conduct.
The breach and violation of this case would appear to stem from a contract.
Proving the usurpation of the amount in Civil Court would be easier as the burden of proof is lower in Civil cases. Furthermore, a claim for damages (eg. harassment, duress etc.) can be made in a Civil Case. Damages cannot be claimed in a Criminal Case.
Ideally, initiate by sending a legal notice and file a civil suit in case the Landlady refuses to return the amount.
The breach and violation of this case would appear to stem from a contract.
Proving the usurpation of the amount in Civil Court would be easier as the burden of proof is lower in Civil cases. Furthermore, a claim for damages (eg. harassment, duress etc.) can be made in a Civil Case. Damages cannot be claimed in a Criminal Case.
Ideally, initiate by sending a legal notice and file a civil suit in case the Landlady refuses to return the amount.
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Adv. Akshay Ubale
Mumbai | 100+ Answers
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