One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X, a university student in City A, rented a room from Mr.Y, paying ₹22,000 through UPI covering advance rent, security deposit, and facility upgrades. Within days of moving in, Mr.X discovered severe safety hazards in the accommodation including faulty electrical wiring and structural issues that posed immediate danger. Despite raising concerns, Mr.Y refused to address these problems. Fearing for his safety, Mr.X vacated the premises immediately and demanded refund of ₹18,500 from the total amount paid. Mr.Y refused the refund, claiming breach of rental agreement. Mr.X filed a complaint in the Consumer Court through e-Jagriti portal, seeking compensation and refund of his money along with damages for the harassment caused.

Advice in Such Cases

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 to 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.

• Document all safety hazards with photographs and videos immediately
• Maintain all payment receipts and UPI transaction records
• Send written notice to landlord highlighting safety concerns before vacating
• File consumer complaint promptly as rental services fall under Consumer Protection Act

Applicable Sections of Law

Under Bharatiya Nyaya Sanhita (BNS), Section 318 deals with cheating and dishonest inducement to deliver property. Section 351 covers criminal breach of trust. Under Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 173 provides for investigation procedures. The Consumer Protection Act, 2019 Section 2(47) defines ‘unfair trade practice’ which includes providing deficient services. Additionally, the specific state Rent Control Act provisions regarding landlord obligations for habitability standards apply. These laws collectively protect tenants from exploitation and ensure safe living conditions.

If You Are the Complainant

• Gather comprehensive evidence including photos of safety hazards, payment proofs, and correspondence with landlord
• File detailed complaint in Consumer Court with specific monetary compensation sought
• Include witnesses who can testify about the unsafe conditions of the property
• Demand interest on the refunded amount from the date of vacation
• Seek compensation for alternative accommodation expenses incurred due to sudden vacation

If You Are the Victim

• Immediately move to safe accommodation and document all additional expenses incurred
• Report safety hazards to local municipal authorities for official record
• Preserve all digital payment records and rental agreement documentation
• Avoid accepting partial settlements without proper legal documentation
• Join tenant rights groups or student welfare organizations for support and guidance

How the Police Behave in Such Cases

Police typically treat rental disputes as civil matters unless criminal elements like cheating or criminal breach of trust are clearly established. They may initially suggest approaching civil court or consumer forum. However, if significant fraud is proven with substantial evidence, police will register FIR under appropriate BNS sections. Documentation and clear evidence of monetary loss are crucial for police intervention.

FAQs People Normally Have

• Can I get full refund if I vacate due to safety issues? Yes, if you can prove unsafe conditions existed, you’re entitled to full security deposit refund
• How long does Consumer Court take? Typically 3-6 months for simple cases with clear evidence
• What compensation can I claim? Refund amount plus interest, alternative accommodation costs, and mental harassment compensation
• Is verbal rental agreement valid? Yes, but written agreements provide better evidence in disputes

What Evidence Is Required?

• UPI transaction screenshots and bank statements showing payments made
• Photographs and videos of safety hazards and property conditions
• Rental agreement or any written communication about rental terms
• WhatsApp chats or messages with landlord regarding safety concerns
• Witness statements from friends or neighbors who visited the property
• Bills for alternative accommodation expenses
• Municipal or building authority reports about safety violations if available

How Long Will the Investigation Take?

Consumer Court proceedings typically take 3-6 months for straightforward cases with clear evidence. The court will first attempt mediation between parties. If unsuccessful, formal hearings begin. With proper documentation and legal representation, resolution can be faster. Court notices to opposite party take 2-4 weeks, followed by response period and hearing dates.

Advocate Sudhir Rao, Supreme Court of India