payment of security deposit
I am Girish Nair, from 2011 I was staying in a rented house located in JP Nagar Bangalore. Mar 2016 I shifted to the current place, located in Kanakpura Road Bangalore. As per the guidelines, I updated the house owner that I am vacating the house by end of May 2016. I shifted end of Mar 2016, but I given the rent till May 2016). I paid 50000/- as a deposit amount, which he agreed to return my May 2016.
June 2016 – I asked him the deposit amount of Rs. 50000/- initially he asked me to wait for a week, later he said he wanted to clarify some doubts about the rent & other maintenance, also asked me to meet him. I visited his place in Padmanabha Nagar, he shown me some calculations which shows there is an outstanding of Rs.80000/- from my end. As per him he did not received the rent for the month of Nov.2015 & Feb 2016, there are short amount paid many times, including maintenance its coming Rs.80000/-, out of this he deducted Rs.50000/- deposit amount & the remaining Rs.30000/-, he asked me to make this payment immediately. I asked him, why you did not asked me on the same month if not received the rent.??? Why are you coming up with this calculations when i asked to return the deposit.??? He says he did not observed at that time.
He was working as a sub inspector of Police Bangalore, so he refused to accept the rent through Bank, as per him there are chances of tax related issues, but I was giving my rent both cash & Bank mode. Travelling is part of my job, if am available in Bangalore, I pay by cash directly, else I transferred to his bank account. Now he is claiming the above said points based on the bank statements, as per him Nov & Feb not reflecting in the statement. Initially he says I never paid through cash, twice I visited him along with one of my friend for giving the rent, when i took my friend in con-call, he agreed about the cash payment, but says it was not in Nov or Feb.
Normally in case of a delay he keep on calling for the rent, which my friend also aware, he asked the same question, why you did not asked if not given in November, As per him he did not observed during the period, after 6 months when I asked for deposit amount he was checking the rent & other calculations, there he found the said differences.
He is a retired Sub-Inspector in Police Bangalore, now from June 2016 he is asking me to make the outstanding of 30000/-. Many times I paid as cash, Nov & Feb month rent not reflecting in the statement, because of that logic he want me to make the payment immediately, which I refused. Yesterday he visited my friend office & threaten him that he knows how to get the amount if not paid in two days. Everybody was asking why not informed at the same month, he give the same answer not observed.
He was working in cops, definitely he can create a seen by taking their support. Academically he is an advocate, so he knows legally he can’t do anything. In advance I wanted to make a complaint regarding threatening, so that I can show it, if he initiate something with his friends support.
Taking into consideration that you have no documents as proof to show that payment for rent was made by you, it will be very difficult to prove in the court of law that there were no defaults made on your behalf. Thus, it will be more feasible in the first place to try making some negotiable of-court settlement with the Flat owner. As per the facts given, it seems that he has not declared his income from the rent money. You do have the option to file a complaint against him for non-disclosure of the income which essentially makes the rent money black money for the owner. Since he is a government employee non-disclosure of income is a serious offense which can lead to his suspension or termination of employment. You can employ the on-line receipt of the payment made to him to prove it. You can employ this information to negotiate a favorable condition for the payment of the security deposit as well. However, if the case reaches the court you may use your friend as a witness, but that may not be much advantageous. Thus, you need to look for some other forceful evidences through which you can prove your claim.
For the threatening made by the Flat owner, you may file a case of Assault and Criminal Intimidation under Section 351 and Section 503 of Indian Penal Code respectively.
Meet with a lawyer and arrange to send lawyers notice stating all truth facts, don't allow any bogus facts to be incorporated in the lawyers notice and demand refund of your legitimate deposit failing which know him of filing appropriate proceedings. while dealing with such types of persons, Truth always prevails over their mind and you will come out of your situation.