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Author Topic: What are the consequences of owner defaulting refund of deposit on broker  (Read 262 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.

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
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