Anonymous
Asked January 15, 2017

Suit sermons on wrong address

  • 1 Answer
  • 385 Views

My question of inquiry is that false money suits sermons are sent to the owner flat by the ex tenant a expat co the owner is not able to receive it as she does not stay their anymore . New tenants have come so her concern is how to stop it as it is spoiling her name. Her surname is spelt wrong and having another flat in the same complex due to her job and travel they are being sent their and she is unable to receive it so how to stop it and avoid future problems.The ex tenants have harressed her and not completed the handover of the flat even after the deposit was handed over after deducting the money according to bad condition off the flat according to rental agreement. They even violated by entering the flat with the spare keys in her absence to take video, when the work was not completed so please kindly advice by sending a proper email id and name of the practicing lawyer for the handling of this sensitive issue. 

Answer 1

Dear sir/madam,

1st of all, if you know that it is a false money suit, then you should not be bothered by such summons.

For a proper “service of the summons”, it should be received by the person himself under whose name it has been issued. If not received by him/her, then by the adult male member of the house. Now, if you say that the name is also not spelt correctly plus it is being received by the tenants then, it is not a proper service of the said summons. If the owner is concerned about her image being spoiled infront of the new tenants then, she can approach the post office and very well get all the mails diverted to her new address of residence.

As far as the problem of the ex-tenants is concerned, the owner can file a civil suit in the concerned court as per the Rent and Accommodation laws of the concerned state. (it is a local law and varies with the change in state territory)

A criminal complaint is also maintainable under sections -

  • 441 criminal trespass – with the intent to insult or annoy the owner,
  • 442 house-trespass,
  • 443 Lurking house-trespass,
  • 445 House breaking – by opening any lock in order to commit house-trespass of the Indian Penal Code
  • The abovementioned criminal complaint can be approached in 2 manners :-

  • By way of a police complaint in the nearest police station via an F.I.R
  • By the way of filing a private complaint before the magistrate in the district court.
  • Incase you are facing any difficulty pursuing the above advice or want any help in filing the case. Please follow the link below

    https://lawfarm.in/legal_cases/new

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