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Author Topic: What are the consequences of owner defaulting refund of deposit on broker  (Read 119 times)

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Offline kunaalbora89

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Dear Sir / Ma'am,

I am a property agent. I had given flat on lease in mumbai to a company with heavy deposit of Rs.15 lacs & rent Rs. 33,000. I was the broker for flat owner & tenant had his different broker. Due to financial crises owner's said flat was mortgaged & defaulted the bank emi , The account was NPA & bank had to take the forceful possession on courts order & had to auction it in the market. In this process tenant had to move out of the said property.

The deposit was interest free & refundable to the tenant after expiry of lease but owner failed to refund the deposit.

The tenant filed complaint against me under section 420 of cheating & fraud.

Anywhere in the transaction i havent received any funds related to deposit in my account.

The tenant continuously threatening me to refund his money against deposit & later on also mentioned just get my money back from the said owner he was harassing me .

I have the call recording where he said all these words.

I have submitted all the evidences & proofs to police department a year ago but again tenant   has filed case against me.

What should I do ? What can be the consequences on me.

thanks in advance 

Offline kalaskarkk

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Dear Sir,

You being a broker having limited liabilities and approach High Court to quash FIR registered against you as entire deposited amount was handed over to the owner.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

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