- This topic has 40 replies, 20 voices, and was last updated 1 year, 4 months ago by
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UMy landlord has not returned back my security deposit of 1.2 lakhs. I sent him a legal notice to which he rejected my request to hire an arbitrator.. now the next step is go to Chandigarh high court to get an arbitrator appointed. How much is the legal fees I am expected in this whole scenario including lawyer fees and court fees etc
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SRich assholes also value their prestige. You may also consider going to his place early in the morning with few people and create a scene. His neighbours should know what kind of a shitty person he is.
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UHe has given the reason that he will use the security deposit for repair.. but he changing everything like he is changing perfectly good woodwork on the wardrobes saying I ruined it
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UNon lawyer question.. if you actually sue him, won’t he just come up with fake receipts and show the court he spent on repairs? Like he may show 50-60k for painting,etc
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UVery easily faked (in my minimal experience).. worst case it costs 5-10% of the total amount to get receipts which will stand up to a fair amount of scrutiny
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UOk if he does that then there is nothing I can do.. but then he should return back some money.. it can’t cost 1.2 lakhs for paint.. I mean the most expensive paint .. Asian paint Royale costs 11k for 20 litres .. even if he uses 3 buckets and 2 labourers for a week it’s not going to increase more than 40k.. what about remaining 60k .. the point is kuch toh wapas de .. if he changes the locks .. that’s not gonna be more than 10 k for 4 door and 4 cupboards .. why he is not giving any money
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SNot sure if it’s worth the fight ,arbitrator appointment executing a degree, it’s a long process and it will drain your pocket and time, please make an informed decision
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HArbitrations can get quite expensive, and I don’t think it’s worth it for you to fight to the end as the claim amount is very low. Apart from lawyer costs, you will also have to pay the arbitrator’s fees per hearing and for venue. Of course, you can recover the costs at the time of the final award, but you will have to bear the charges till then, and full recovery of costs is not a guarantee.
Around 20k is sufficient for a S.11 Application before the High Court. It is best for you to file a S.11 Application for the appointment of an arbitrator. It is likely that your landlord will settle the case once you go to court because it is also not tenable for him to fight the case to the end (he will also have to engage a lawyer and pay 50% of the arbitrator’s fees and venue charges. This is in addition to returning the security deposit if award comes against him). Also, speaking from experience, unless they have a genuine case, landlords get scared after receiving court notice and end up settling the matter in most cases.
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HSo what?? Will the lawyer work for free for him? I don’t think so. If he is a good business man he will understand what fights to take and where to settle. These landlords know that most tenants will back off and choose not to fight, which is exactly why they don’t return the security deposit. Of course, the premise of all my advice is that you have not damaged the property and he has unfairly retained your money. If you think your landlord has a good defence then don’t proceed with the case.
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C40k is very reasonable. But the overall arbitration costs (arbitrators fees and Advocates fees)will exceed 2.5 lakhs. Did your agreement have an arbitration clause?
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UYour agreement likely lacks an arbitration clause (hence the rejection). You will have to pay the full arbitrator fee upfront, but hang in there if you have all the necessary evidence.
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UDo u have a video recording or photos of the time you moved in ? Or does he have it?…
How are you or him going to prove the condition of the house before you took possession in front of arbritator ?
.. See understand one thing, you should have some valid proof if you go legal… Lawyers will certainly push you for their fees, but you should have some solid proof… -
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