Dear Sir/Ma'am,
I am a bank employee in mumbai. Last year in Dec 08 i shifted in a rental house at Rs. 10000 per month in goregaon mumbai, for which my bank paid security deposit of Rs. 4 lac on my behalf to my landlord with proper leave and licence agreement between my bank and my landlord.
Bank also took an signed undertaking from me with post dated cheque of same security deposit amount of Rs. 4 lac and made me unconditional guarantor for refund of security deposit in case if landlord won't pay for any reason whatsoever.
Now in somewhere in start of june 09. I left house with out giving one month prior notice which was a precondition to leave house as per agreement. But i asked landlord for this if he is agreed and he told me ok but he will refund security deposit to bank after one month. On faith i left that house. I didn't tell this fact to the bank.
I waited for about 3 and half months and landlord never came back to refund the security amount despite of my several reminders to him.
At last on 20 sep 09, i told my bank that i am about to leave that house and requested them to send my landlord one month prior notice, which they sent duly by registered AD giving him 1 month time ie. upto 20th oct 09 to refund back the security deposit. Bank's HR department sent me an email that not to vacate house till security deposit is recovered from the landlord. But i had already left the house in 3rd june 09 without intimating bank in this regard on good faith on landlord.
On due date of 20th oct he didn't pay any single dime. Meanwhile i requested my landlord to give me a cheque for security deposit amount in favour of bank name. He gave me a cheque dt. 14th november 09 for full security deposit amount. Which i sent to bank after notice period time got lapsed and there was no response from my landlord. Bank presented that cheque for payment but it got bounced as the same was made 'stop payment' by landlord.
Now, bank has started deducting rent amount of Rs. 10000 p.m. from december 09 from my salary stating that they will retain that amount till security deposit will be refunded back and will return to me when security deposit will be duly refunded by landlord together with interest @ 20% p.a. But bank didn't send any email to me in this regard and they have not taken any action against the landlord before deducting rent from my salary and they keep saying to me that onus to get refund security deposit back from landlord in on employee as per that undertaking.
I asked my bank to send legal notice under section 138 of negotiable instrument act for dishonour of cheque. They had sent some notice to my landlord in jan 10 (not sure whether that was as per legal requirements of sec 138 or not). In response to that notice my lanlord sent a request letter asking for some more time till 31st january to refund security deposit. Which bank accepted.
But again landlord failed to make the promise. During my visit to lanlord in 1st week of january i came to know from landlord himself that he has sold the same flat to collect some money and refund back that security.
I also came to know a fact from my bank's HR that they have issued a letter to society of that building that landlord have not paid security deposit for the said flat and it can't be sold out before paying security deposit.
When i discussed HR person about my liability, each time they told me that it is only employee's liability and landlord is not liable.
When i asked my bank to sue landlord for non deposit of security deposit as agreement was between them then they said me all litigation expenses will be born by the employee in that case. I don't know how fair it is?
Still after 9 months i am without any hope and justice. I also don't know about any legal remedy in this regard.
I am very frustrated and insecure because of all this. My life became too miserable.
I wanted to seek legal help but afraiding because of high fees and poor legislatory system and delay in proceedings of cases.
I need your help. Any help and guidance will matter alot to me. I want to get out from all this.
Waiting for your positive reply...
Thanks and regard,
Anuj Goyal
Ph. 9004418123
Email [email protected]
Summary of the case for your quick reference
1. Date of joining bank -04th july 08
2. Leave and licence agreement date-14th dec 08
3. Flat vacated without one month notice on 03rd june 09
4. Date given by landlord to refund security deposit 15th july 09.
5. Follow up for security deposit with landlord during july 09 to sep 09 by myself only without
knowledge of bank that i already left the house.
5. Intimation to bank for sending notice for leaving house on 15th september 09.
6. Notice sent by bank on 20th sep 09 by registered AD with 1 month time.
7. On Due date of 20th oct 09 no payment was made by landlord.
8. Date of cheque from landlord for security deposit in favour of bank 14th nov.
9. Date of dishonour of cheque 15th december 09.
10.Notice sent by bank on 20th dec 09 against dishonour of cheque.
11. Further time asked by landlord in response to that notice upto 31st jan.
12. Rent deduction started by bank from dec 09.
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