Legal Question in Consumer Law in India

Dear Sir,

I Recently vacated my house from Begur to Kurubarahalli(Near Basheweswarnagar). Before paying advance i requested my owner to change the toilet from indian to western style . Since i got opreated i told him i can't able to use indian toilet. Owner agreed for the same. And asked one month time. Once we started residing. Within 20 days owner said he is not willing to build western tolilet. So i informed owner and vacated within one month time to the nearby house which has got my requirments. Since the owner turned back within 20 days we didnt made any agreement for the rent i paid. Owner agreed that we can paint the house while vacating or we pay the painting charges for the same. I am willing to paint the house and give back as he rented us. But now owner is not letting us to paint the house nor giving back the advance. He insist for 3 months time and he says he will deduct one month rent has painting charges and he also wants the rent till the time he gets another tenant to that house. He says after deducting all this if anything left out he will pay me.

I Paid the advance by cheque.

Kindly suggest me on this.


Asked on 8/19/13, 2:51 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

20.08.2013

Dear Sir / Madam,

Generally Agreement for Leave and License (ALL) between the Licensor(s) and the Licensee are on "as is where is" condition of the apartment / bungalow / flat / house / shop / mansion / villa that is given on lease. You should tell the Owner that he should recover Rs. 5,000/- (Rupees Five Thousand Only) towards the cost of painting the house, and the one month's compensation, and the electricity charges for one month from the Security Deposit amount that you paid him and return the balance to you. The Owner cannot recover the rent from you for the vacant period on the false pretext till he gets another Licensee to occupy the house. Tell the Owner upfront that if he does not return back your Security Deposit, you will report the matter to the Police. Re-post query if there is no Police action and resolution of your query within 3 days of lodging the FIR in the Police station.

Regards,

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Answered on 8/20/13, 12:45 am


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