Lawfully yours: By Retd Justice K Chandru

I own a boutique and recently accepted a cheque payment from a woman for clothes worth Rs 63,000. Though I usually take only card or cash payment, initially her card wasn’t working and as she said there was a wedding in the family, I agreed to take a cheque, after taking down her name address and phone number. The cheque bounced and now she is not answering my calls. What should I do? Is this a cheating case or a cheque bounce case? Under what section should I file a police complaint for a speedy solution?

Get the address of the person who issued the cheque from her bank and issue a legal notice to her. If she does not reply, you can file a complaint in the appropriate judicial magistrate court (since you are in Parrys Corner, you can even file it in GT Court) under Section 138 of the Negotiable Instruments Act.

I was trying to apply for a food licence for a small resale spice business from home. I saw a website which looked exactly like the government website and applied, giving my documents and even making the payment. Later they send a mail saying they are agents and they will help me get the licence. But even after a month, they are not responding. The phone numbers are from Goa and it’s clear that they are fraudulent. But I don’t know who to place a complaint with. I don’t want to go to the police for this. Is there some online complaint forum?

You must understand that even cybercrimes are detected by the police only. You can file an online complaint with the cybercrime police. If you had parted with any amount, besides police case you can also file a suit for recovery. Since you have also given the documents, it is better you pursue your remedy through the cybercrime police.

I have a building with four flats. Two are occupied, two vacant. I want to sell the building. I spoke to my tenants but one is not willing to vacate, claiming they have renovated the house spending a lot of money. They are asking me to compensate them for the renovations. Is this legal? How can I evict them?

Though the claim of your tenant is not legal, the concept of 'pagdi system' is operating in places like Mumbai. The tenant will go only when some payments are made. You may technically get the tenant vacated by filing a petition for eviction before the Rent Control Court for having owner’s possession or for demolishing and reconstructing the house. Such a case may be time-consuming and involves court expenses and lawyer fee. Therefore, it is better to buy peace with your tenant and pay him an amount he spent on the house to vacate the place. Probably you may negotiate on the payment.

I had to shift my house in an emergency and gave my landlord two weeks’ notice. But he is refusing to return my 10 months’ security deposit saying I did not give him three months’ notice. He further wants to deduct one month’s rent till he finds a new tenant. What should I do? What proof can I show for when I vacated? Do I have to go to court or file a police complaint?

Your house owner may be right in demanding the notice period payment. However, he has no right to demand a further payment of one month, looking for a new tenant. You can as well pay the notice amount and get the balance. There will be no use in going to police in such a matter and in all probability the inspector will advise you to go to the court.

DISCLAIMER: The views expressed here are of Justice K Chandru, who is providing guidance and direction based on his rich experience and knowledge of the law. This is not a substitute for legal recourse which must be taken as a follow-up if so recommended in these columns.