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 |
| 9 | 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 PAID | PROOF ATTACHED |
That no arrears of unpaid bills are remaining…
| DATE | MONTH | BILL TYPE | AMOUNT PAID | PROOF 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: