Rent not paid for 5 months
Bharat kumar
(Querist) 11 March 2014
This query is : Resolved
Sir,
I had given my 1 BHK flat at Vrindavan on rent of 11 mnth with Rs 100/- paper with Notorised agreement. Renter was paying rent through RTGS. He vacated flat in 12 months and not paid rent of 5 months including excess 1 month, for which he had to pay 500/- per day as penalty as per agreement.I have 2 month adv money with me, which was to be returned after he vacates the flat.
I live in Jharkhand and renter in Noida.
1. Can I lodge a complaint in Consumer court in Jharkhand?
2.I do not have any degree of Law. Can I file my case and plead my case myself?
3. Should I file claim for 4 months rent or 2 months rent only + 1 month penalty amt?
BKB
Devajyoti Barman
(Expert) 11 March 2014
1. Consumer case does not lie.
2.Not necessary as the case does not lie.
3. You have to file civil suit for money. You ca adjust the advance money with arrears rent.
Rajendra K Goyal
(Expert) 12 March 2014
Agree with the expert Devajyoti Barman ji.
Bharat kumar
(Querist) 12 March 2014
Sirs,
But Can I file this money suit at Jharkhand Court as my address written in the Agreement is my residential address of Jharkhand? Or I will have to file it essentially at VRINDAVAN, where the property lies?
BKB
R.V.RAO
(Expert) 12 March 2014
agree with sri burmanji. money suit be filed for recovery.
as for jurisdiction to file civil suit,go by what you have stipulated in your rental agreement.
Devajyoti Barman
(Expert) 12 March 2014
Where the agreement was signed?
I do not think you have any cause of action in Jharkhand.
Suit lies in Vrindavan.
T. Kalaiselvan, Advocate
(Expert) 13 March 2014
First of all issue a demand notice through your lawyer demanding the arrears of rental amount and after that if he is still evading, you may proceed with the suit for recovery of rental amount through a small cause court or appropriate civil court.
