If you are stuck in such a situation, here is what to do.
Mr. Kumar, a student, recently found a single-occupancy room in a paying guest (PG) accommodation located in a university area in the city of Alipur. He specifically chose a room with good ventilation and agreed to pay a slightly higher rent for it. After he transferred the monthly rent and a two-month security deposit online to the owner, Mr. Sharma, the situation changed. Mr. Sharma is now demanding that Mr. Kumar vacate the room he paid for and shift to an inferior room with no ventilation, a room Mr. Kumar had explicitly rejected earlier.
Mr. Kumar does not have a formal rent agreement, as the owner had promised to provide it only after receiving the full payment. The only proof he possesses are the online transaction records and a payment receipt from the owner. He is in a difficult position as the PG has an 11-month lock-in period, and he fears losing his substantial security deposit. He has refused to move but is worried the owner might use force or other coercive tactics to evict him from the room he is rightfully occupying.
Advice in such cases
If you find yourself in a similar predicament, here are the immediate steps you should consider:
- Document Everything: Keep a meticulous record of all communications with the owner. This includes saving screenshots of WhatsApp chats, emails, and text messages. Keep the payment receipts and bank transaction details safe.
- Stand Your Ground: Do not vacate the room you paid for. Moving to the other room could be interpreted as your consent to the change, weakening your legal position.
- Formal Communication: Send a formal letter or email to the owner clearly stating that you have paid for a specific room and you do not agree to the change. Reiterate that their demand is a breach of the verbal agreement.
- Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Applicable Sections of Law
Such disputes primarily fall under contract law, but criminal law can also be applicable depending on the owner's actions.
- Indian Contract Act, 1872: Even without a written agreement, your payment and the owner's acceptance create a valid oral contract. The owner's demand to shift you to an inferior room is a breach of this contract. You can sue for "specific performance," asking the court to order the owner to honour the original agreement.
- Bharatiya Nyaya Sanhita (BNS), 2023: If it can be proven that the owner had a dishonest intention from the very beginning (i.e., took extra money for a better room with no intention of providing it), it could amount to cheating under Section 318 of the BNS.
- Criminal Intimidation: If the owner threatens you with injury to your person, reputation, or property to force you to vacate, it is an offense of criminal intimidation under Section 351 of the BNS.
If you are the complainant
As the aggrieved party, you have several legal avenues to pursue.
- Gather All Evidence: Systematically collect all proofs, including payment transaction details, receipts, chat histories, and any photographs of the room you were promised and paid for.
- Send a Legal Notice: Your lawyer can send a formal legal notice to the PG owner. This notice will outline your grievance, state the owner's breach of contract, and demand that they cease their illegal demands. Often, a legal notice is enough to resolve the matter.
- File a Police Complaint: If the owner resorts to threats, intimidation, or attempts to forcefully remove you or your belongings, you should immediately file a complaint at the local police station under the relevant sections of the BNS.
- Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
- File a Civil Suit: You can approach a civil court to file a suit for a permanent injunction, restraining the owner from illegally evicting you from the room you have paid for. You can also sue for the specific performance of your agreement.
If you are the victim
Your immediate actions are crucial to protecting your rights and safety.
- Prioritise Your Safety: If the situation escalates and you feel physically threatened, your safety is paramount. Inform your friends and family about the ongoing dispute.
- Avoid Verbal Altercations: Do not get into heated arguments with the owner. Keep your communication calm, formal, and preferably in writing to create a record.
- Secure Your Belongings: While you should not vacate the room, be cautious about your personal belongings. Ensure your room is always locked and secure.
- Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
How the police behave in such cases
The police often perceive landlord-tenant disputes as civil in nature and may be hesitant to register a First Information Report (FIR). They might advise both parties to settle the matter amicably or to seek remedy from a civil court. However, if your complaint clearly discloses a criminal offense like cheating (Section 318 BNS), criminal intimidation (Section 351 BNS), or wrongful restraint, they are obligated to take action. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, they must register an FIR if a cognizable offense is reported. Having a lawyer accompany you can ensure your complaint is articulated correctly and taken seriously by the police.
FAQs people normally have
Can the owner just throw my belongings out of the room?
No. This is illegal. Forcibly removing your belongings or changing the locks without following the due process of law would amount to wrongful restraint, mischief, and potentially theft. The owner must obtain a proper eviction order from a court.
Is my online payment proof sufficient without a written agreement?
Yes. Digital payment records are strong evidence in court. They establish the existence of a transaction and, by extension, a contract. The specific terms of this contract, such as the particular room you paid for, can be corroborated with other evidence like WhatsApp chats, emails, or witness testimony.
If I am forced to leave, can the owner keep my security deposit due to the lock-in period?
No. The lock-in period is binding on both parties. If the owner breaches the agreement by failing to provide the promised room, they cannot then use the lock-in clause to penalise you. You would be entitled to a full refund of your security deposit, as you are leaving due to the owner's fault.
What evidence is required?
To build a strong case, you will need the following:
- Proof of Payment: Bank statements, UPI transaction history, screenshots, or any physical receipts issued by the owner.
- Communication Records: Saved copies of all WhatsApp chats, SMS messages, or emails where the room, rent, deposit, and other terms were discussed.
- Visual Proof: Photographs or videos of the room you were promised and paid for.
- Witnesses: If anyone (like a friend or broker) was present during your initial discussions with the owner, their testimony can be valuable.
- Copy of Legal Notice: A copy of the legal notice sent to the owner and the postal receipt as proof of dispatch.
How long will the investigation take?
The timeline varies based on the legal path you choose. A legal notice might resolve the issue within a week or two. If a police complaint is filed for a criminal offense, the investigation timeline under the BNSS is mandated to be efficient, but it can still take a few months depending on the case's complexity. A civil suit for an injunction or specific performance can be a longer process, potentially lasting several months to years. However, courts can grant interim relief, such as a temporary order preventing your eviction, much faster, often within a few hearings.
Advocate Sudhir Rao, Supreme Court of India