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Rent deposit ...

(Querist) 05 November 2013 This query is : Resolved 
Hello.
I used to deposit the rent of my house in Delhi in the court as per its order during the course of a Rent Case of the same house.

The case was recently decided in my favor.

I have to deposit the rent for the future period so i sent my Land Lord a Money Order of the Rent by just giving a remark about payment of Rent on the Money Order though i am not sure that whether that remark also reached my Landlord along with money order and the same was return back to me.

My Query is -

1. How can i send my future rent to my landlord.
2. Should i also had to send a Notice stating regarding the payment of rent through money order or just a Money order with the remark of rent payable is enough.

Thanks ...
ABDUL RAZIQUE (Expert) 05 November 2013
You use or apply right process for send due rent amount,
In the MESSAGE counter of Money order form you may right upon rent payable period @ rate of per month.
ts (Querist) 06 November 2013
In the message counter i did mention about the details of the rent for the period and also the address of the property.

As the money order is returned now what should be my next step.
Advocate Bhartesh goyal (Expert) 06 November 2013
Issue a notice to your landlord and ask his bank account no,name of bank and branch so that future rent may be deposit in his bank account.
malipeddi jaggarao (Expert) 06 November 2013
You can send a Regd.letter with Ack.Due to the landlord quoting the court order and ask him his bank account details. You can as well ask him to suggest the ways to send the rent to him as per the court order.
Rajendra K Goyal (Expert) 06 November 2013
Well advised, nothing more to add.
ABDUL RAZIQUE (Expert) 06 November 2013
Proceeding describe well by experts so nothing more to add.
Raj Kumar Makkad (Expert) 07 November 2013
I do agree with the common advice of the expert.
ts (Querist) 07 November 2013
Hello.
Sec. 27 of the Delhi Rent Control Act states that if the Landlord does not accepts the Rent then in that case one should move an Application u/s 27 of the DRA for deposit of rent as per the order of the court.

Should i move the Application or should i send him a notice first.

Thanks ...

Delhi Rent Control Act, 1958.

27. Deposit of rent by the tenant. –

(1) Where the landlord does not accept any rent tendered by the tenant within the time referred to in section 26 of refuses or neglects to deliver a receipt referred to therein or where there is a bona fide doubt as to the person or persons to whom the rent is payable, the tenant may deposit such rent with the Controller in the prescribed manner:

[Provided that in case where there is a bona fide doubt as to the person or persons to whom the rent is payable, the tenant may remit such rent to the Controller by postal money order.]

(2) The deposit shall be accompanied by an application by the tenant containing the following particulars, namely:-

(a) the premises for which the rent is deposited with a description sufficient for identifying the premises;

(b) the period for which the rent is deposited;

(c) the name and address of the landlord or the person or persons claiming to be entitled to such rent;

(d) the reasons and circumstances for which the application for depositing the rent is made;

(e) such other particulars as may be prescribed.

(3) On such deposit of the rent being made, the Controller shall send in the prescribed manner a copy or copies of the application to the landlord or persons claiming to be entitled to the rent with an endorsement of the date of the deposit.

(4) If an application is made for the withdrawal of any deposit of rent, the Controller shall, if satisfied that the applicant is the person entitled to receive the rent deposited, order the amount of the rent to be paid to him in the manner prescribed:

Provided that no order for payment of any deposit of rent shall be made by the Controller under this sub-section without giving all persons named by he tenant in his application under sub-section (2) as claiming to be entitled to payment of such rent being decided by a court of competent jurisdiction.

(5) If at the time of filing the application under sub-section (4), but not after the expiry of thirty days from receiving the notice of deposit, the landlord or the person or persons claiming to be entitled to the rent complains or complain to the Controller that the statements in the tenant’s application of the reasons and circumstances which led him to deposit the rent are untrue, the Controller, after giving the tenant an opportunity of being heard, may levy on the tenant a fine which may extend to an amount equal to two months’ rent, if the Controller is satisfied that the said statements were materially untrue and may order that a sum out of the fine realized be paid to the landlord as compensation.

(6) The Controller may, on the complaint of the tenant and after giving an opportunity to the landlord of being heard, levy on the landlord a fine which may extend to an amount equal to two months’ rent, if the Controller is satisfied that the landlord, without any reasonable cause, refused to accept rent though tendered to him within the time referred to in section 26 and may further order that a sum out of the fine realized be paid to the tenant as compensation.
ajay sethi (Expert) 07 November 2013
as advised by experts send a letter by regd post AD to landlord mentioning about return of money order and ask him to furnish his account details to enable you to deposit rent in his account .

if he fails to reply then make application to court under section 27 of DRA
ABDUL RAZIQUE (Expert) 07 November 2013
Nothing More To Add.


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