JURISDICTION OF CONSUMER FORUM
RAHUL MAHAJAN
(Querist) 12 May 2010
This query is : Resolved
CAN A LANDLORD FOR RECOVERY OF RENT/ ARREARS,GO TO THE CONSUMER COURT,ON THE GROUND THAT THE NATURE OF CONTRACT WAS CHANGED ?
A V Vishal
(Expert) 12 May 2010
No consumer courts do not have jurisdiction over rent matters.
Devajyoti Barman
(Expert) 12 May 2010
The dispute between the landlord and the tenant does not fall within the ambit of statutory 'deficiency of service'. Hence the consumer forum has got no jurisdiction over it though it may be brought before the arbitral tribunal if there is any agreement in that regard.
G. ARAVINTHAN
(Expert) 13 May 2010
when it is admitted as Landlord-Tenant relationship, then Rent Control Court only have Jurisdiction
adv. rajeev ( rajoo )
(Expert) 13 May 2010
if there is any deficiency of service one can approach the consumer forum, but in your case land lord cannot approach the consumer fourm because it doesn't come under service. Civil suit lies.
Daksh
(Expert) 13 May 2010
Dear All,
As the land lord is not covered within the defination of consumer as such he is not competent to initiate and get adjudicated his grievance before Consumer Forum.
Best Regards
Daksh
B K Raghavendra Rao
(Expert) 13 May 2010
Recovery of arrears falls under money recovery suits. One has to file a suit in the civil courts to recover money but before proceeding he should have given a legal notice to the tenant. If landlord is not happy with the tenant he may get him evicted by legal means.
Virender Pankaj
(Expert) 13 May 2010
Consumer Forum has no jurisdiction; civil suit for recovery shall lie. It seems that the Landlord to save the Court fee has filed the case before consumer forum.
PJANARDHANA REDDY
(Expert) 13 May 2010
COSUMER FORUM IS NOT AT ALL A DISPUTE REDRESSAL FORUM FOR LANDLARDS&TENANTS.
Surrender K Singal
(Expert) 13 May 2010
The querist could have ventured to ask if tenant is a consumer for deficiency in services from land lord against consideration through rent by renaming such payment for so called services ?
Landlord has to approach Rent Controller's court !
Kumar Thadhani
(Expert) 14 May 2010
Suprisingly enoughdiputes between Landlord/Tenant in case of rent does not falls under the deficency of services hence the Consumer Forum has no jurisdiction to try the case.The querist shall have approach Civil Court for that purpose.
