CLAIM YOUR DEPOSIT/UNPAID RENT IN SMALL CAUSES COURT

Civil litigation generally is a long drawn battle, which goes on for years. Therefore, Order 37 is one of the pre-eminent provisions in hand. The object of this provision is to ensure that the defendant does not unnecessarily prolong the litigation and prevent the plaintiff from obtaining a decree by raising untenable and frivolous defences in class of cases where speedy decisions are desirable in the interest of Commercial transactions.

WHAT TO DO?
• Call the Landlord/Tenant
• Send a letter
• File a summary suit yourself with a written plaint (complaint)

CALL THE LANDLORD/TENANT
You have already done that but do it again, make a record of date, time.

SEND A WRITTEN LETTER (TENANT TO LANDLORD POINTS)
Include:

• A list of maintenance work done by you
• Photos of the property when you moved in
• Photos of the property at the time of vacating the premise
• Proof of last rent paid
• Proof of discharge towards electricity & other bills
• Remaining bills to be paid (if any)
Send a date by which the deposit must be refunded by him to you or x% interest shall be
applicable on the amount after due date & you shall initiate legal proceedings after said
date.

• Include:
You need your deposit to rent another property on an urgent basis.
• You did not break any Fixtures & Fittings or if you did, list them with repair work done/
not done.

• Write the amount refundable to you.

FILE A PLAINT(COMPLAINT) IN SMALL CAUSES COURT
Procedure:
Simple, write a complaint, print on legal paper, get it stamped and notarized, make 2
copies of the same and go file the original plaint in Small Causes Court (keep 2 copies
with you).
Now this sounds simple but you could waste time & money doing things blindly.
Do some research on:

• Go through ORDER XXXVII-SUMMARY PROCEDURE
• Go through THE PRESIDENCY SMALL CAUSE COURTS ACT, 1882
• Go through ORDER LI APPENDIX A:

NO. TITLE
Use & Occupation
12 Against surety for payment of rent
19 By tenant against landlord with special  damage
32 Movables wrongfully detained
39 Restoration of Movable Property  Threatened with Destruction and for an  Injuction

Make sure you file your plaint in the correct jurisdiction or it may be returned.

HOW TO WRITE A PLAINT  

SAMPLE FORMAT BELOW 

ADVANTAGE OF SMALL CAUSES COURT  

• Where a part of the amount claimed by the the plaintiff is admitted by the defendant to  be due from him, leave to defend the suit shall not be granted unless the amount so  admitted to be due is deposited by the defendant in Court. 

• If the defendant has not applied for leave to defend, or if such application has been  made and is refused, the plaintiff shall be entitled to judgment forthwith; • There is a lot that can be said on the subject but for an introduction, this will do.  

HELPFUL CASE LAW  

In 1996, in the K. Narasimha Rao vs. T.M. Nasimuddin Ahmed case, the bench ruled the  following: 

“Landlord not to claim or receive anything in excess of fair rent or agreed rent. –  

(a) Save as Provided in clause(a), any Premium or other like sum or any rent Paid in  addition to, or in excess of, such fair rent, whether before or after the date of the  commencement of this Act, in consideration of the grant, continuance or renewal of  the tenancy of the building after the date of such commencement, shall be refunded  by the landlord to the person by whom it was paid or at the option of such person,  shall be otherwise adjusted by the landlord: Provided that where before the fixation  or refixation of the fair rent, rent has been paid in excess thereof, the refund or  adjustment shall be limited to the amount paid in excess for the period commencing  on the date of the application by the tenant or landlord under sub- section (1) of  Section 4 of sub- section (3) of Section 5, as the case may be, and ending with the  date of such fixation or refixation.

DISCLAIMER 
The entire document is a general overview. The substance of the complaint to be written  by the complainant as per the facts and circumstances of each case. 

This procedure is as per CPC. The actual procedure may vary slightly in each jurisdiction. 

Flatandflatmates India and its admins hold no liability due to use of information from this  document in any case. This document is only made in a bonafide manner and good faith  to guide the members who wish to understand or initiate proceedings to claim deposit,  with information to the best of our knowledge. 

The pecuniary limit of each state is different. Check the pecuniary limit of your state/city/ district’s small causes court.

FORMAT

IN THE COURT OF _____________________________ 

C.S. (OS) NO ________________ OF 20__ 

IN THE MATTER OF: 

M/s. ________________ …Plaintiff 

VERSUS  

M/s. ________________ …Defendants 

SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL

PROCEDURE, 1908 FOR RECOVERY OF Rs. _______/-    

(RUPEES _____________) 

MOST RESPECTFULLY SHWETH

The Plaintiff is a ____________________ having its residential address at _______________________________________ 

The Defendant No.1 is ___________ having his residential address/office at : __________________________________ in India.  

FACTS OF THE CASE 

That in the year (put facts here)… 

That the following maintenance and repair/additional work was done by… That no arrears of rent are remaining…

DATE MONTH RENT  AMOUNT  PAIDPROOF  ATTACHED

That no arrears of unpaid bills are remaining… 

DATE MONTH BILL TYPE AMOUNT  PAIDPROOF  ATTACH

That the tenant gave notice on _____________ and left the premises on  _______________ and handed over the keys on __________________ That the landlord (define his actions & attach all screenshots of blocked/ unreturned calls/chats)… 

ARGUMENTS 

Maintenance charges are inclusive in the rent, hence paid by the tenant then  except for:  

• Fixtures & fittings damaged or broken by the tenant,  

• Unpaid bills 

Landlord cannot deduct for normal wear and tear due to ageing of property. The expense made/shown by landlord has to be at the market rate of the  area where the premise is situated.  

An unreasonable amount shown as expense being deducted from deposit is  invalid as per Rent Control Act (add year & state as per your territory) (add  other applicable laws) 

The amount should be mutually agreed upon as per Rent Control Act (add  year & state as per your territory) (add other applicable laws)

That in spite of many telephonic, whatsapp reminders by the plaintiff, the respondent(s) failed to make the payment due to the Plaintiff.  That the Plaintiff issued a legal notice dated ______________ demanding  amount of Rs. _____________ against the refundable deposit, which was  replied to/not replied by the Defendants.  

That the Suit is within the period of limitation. 

That the cause of action arose in favour of the Plaintiff and against the  Defendants. The cause of action arose on _____________ when the  ____________ 

The cause of action arose when the Legal Notice dated _________ was send  by registered post on ____________ upon the Defendants. 

That no relief, which does not fall within the ambit of this rule, has been  claimed in the plaint; 

That this Hon’ble Court is competent to try the present Suit as the residential  address/branch office/premise in issue of the defendant are situated in its  territorial jurisdiction.  

In the facts and circumstances of case mentioned herein above this Hon’ble  Court may graciously be pleased to: 

P R A Y E R 

a) pass a decree against the Defendants jointly and severally to pay the  sum of Rs. _________________/- along with pendent lite and future  interest @____% per annum; and 

b) Award the cost of suit in favour of the Plaintiff; and  

c) Pass such other or further orders as this Hon’ble Court may deem fit in  the facts and circumstances of the case. 

Plaintiff

(Signature here) 

Through Self  

 

Dated:  

Place: 

VERIFICATION: 

I, ______________, the Plaintiff do hereby verify that the contents of the  para 1 to _____ of the Plaint are true and correct to the best of my  knowledge. No part of it is false and nothing material has been concealed  therefrom. 

Verified at ______ on this …………. day of ………, 20__ 

DEPONENT

(Signature here)

LIST OF DOCUMENTS ATTACHED: 

ANNEXURE NO. TYPE OF DOCUMENT PAGE NO.

Plaintiff

(Signature here) 

Through Self 

Dated:  

Place: