Legal Question in Consumer Law in India

Hello Experts,

I have vacated my room in urgency due to my marriage and relocation. My land owner being travelling most of the time promised me to pay my advance amount of Rs.30000/ back within a week time. Believing him I vacated. But he raised lot of problems. 2 months later he gave me a cheque deducting the painting charges and the cheque bounced. When enquired about this, he gave improper responses and he is not giving the advance amount at all. The room key is still with me. Since the talks leading nowhere, I want to take the legal way. Where do I file this case? In consumer court or civil/criminal court? Please advise.

- Murali Prasath


Asked on 5/30/12, 5:35 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

30.05.2012

Dear Murali,

It may be that the Owner may have recovered the painting charges from you for having vacated the room abruptly midway through the 11 months leave and license period.

The Owner is also entitled to recover all outstanding dues like notice period lease charges, telephone charges, cable charges, electricity charges, water charges, parking charges and any other charges till the date of your stay, from your deposit amount. The balance amount ought to be refunded to you by him.

If he fails, police recourse for the balance refund due to you from the Owner is advisable. Since the cheque has bounced, you may also lodge a case for the Owner to be tried under Section 138 of the Negotiable Instruments Act for recovery.

You can mail me for any further on-line advice at [email protected]

Regards,

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Answered on 5/30/12, 6:26 am
ranganathan raghavachari R.Ranganathan & Associates

You approach a local lawyer and file case under NI Act.

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Answered on 5/31/12, 6:03 am


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