Legal Question in Landlord & Tenant Law in India
Hi, I took one flat at Kandivali West but after four months I had to leave the house as my job location got changed, so I gave my landlord a month notice but my landlord kept on waiting me for the deposited amount for more than two months and finally he deposited half of the deposited amount (50k) only ,now he refused to give the remaining 50k for no reason. I have the agreement copy with me and all the concersations are documented in mail and in mobile text format.Now could you please help me to resolve the issue, I can file complaint against my landlord but there are few clauses in the agreement that might make my side bit weak (there was locking period of 9 month after that only either of the party could give one month notice to vacate), but in the agreement nothing is mentioned if I vacate early.If you want I can send the scan copy to you to help me to make my side strong. Thanks in advance and please reply ASAP :The fine points on agreements were: (5)During the time Licensee continue to occupy the said Flat, the said Flat, the Licensee shall deposit and keep deposited with the Licensors a sum of Rs. 1,00,000/-( Rupees One Lakh Only /-) without any interest in respect of the said flat. The said deposit shall be refunded back to the Licensee on early termination during their tenure, if any till the time of vacating the said Flat by the Licensee.
(13)The amount of deposit shall be repaid by Cheque by the Licensor to the Licensee on termination of this Leave Agreement or on the expiry of the term thereof.
(14)The Licensor and Licensee both shall be at liberty after giving one month�s notice to each other can surrender the said Flat only after the completion of first Nine months of the licensed period which shall herein after referred to as the �Lock-in-Period�, given under this license arrangement and claim refund forthwith of the deposit amount. Such refund shall be simultaneous with the vacation of the said flat and shall be by way to Cheque and also subject to clearness of Electric & Telephone Bills.
(17)If the compensation for the said Flat payable hereunder or any part hereof shall remain unpaid from the given period i.e. 7th of every month after the same has become due (whether demanded or not) and if any of the terms and conditions herein contained shall not be performed or observed then and in any of the said event, it shall be lawful for the Licensors at his discretion can penalize the Licensee @ Rs. 500/- (Penlty) per day till the amount is credited in the Licensor�s Account.
1 Answer from Attorneys
Engage a lawyer and issue legal notice asking the landlord to refund balance amount with interest.
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