Rent arrears

Abhinav 1528 (Querist) 15 July 2021 This query is : Resolved
Respected Advocates,

I had given my shop at Rs. 20,000 p.m rent and the tenant payed regular rent to me for 3 years but due to corona he stopped paying rent and consequently he was in arrears of 7 months rent and 10,000 electricity bill. I served him one notice and pressurized him through mutuals, after which he eventually vacated my shop in my absence and handed over the keys to my cousin (in short he ran away). When I pressurized him through mutuals he did a settlement and gave me post dated cheque of amount equal to 5 month rent and waived 2 month rent in lieu of COVID to which I agreed and did a written agreement. But those cheques have now bounced and also he has not paid electricity bill of Rs 10,000. Now my question to learned advocates are:-
1. Can I claim 7 months rent through rent controller? Since he is not my tenant now, then will the proceedings before rent controlled be maintainable?
2. Should I claim 5 month rent through cheque bounce case and 2 months through rent controller?
3. If not rent controller, then should I file civil suit? How much time does civil suits take and is it an effective remedy?
4. Is there any way by which he can be pressurized through police?
5. How can I claim electricity bill which eventually I had to pay?

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Quick Summary

A landlord is seeking advice on recovering seven months of unpaid rent and an electricity bill from a former tenant. The tenant vacated the property after agreeing to a settlement involving post-dated cheques for five months' rent, with two months waived due to COVID. However, the cheques have bounced, and the electricity bill remains unpaid. The landlord is unsure whether to pursue the matter through the Rent Controller, a cheque bounce case, or a civil suit, and how to recover the electricity charges.

Dr J C Vashista (Expert) 15 July 2021
File a complaint case u/s 138 NI Act, 1881 for dishonour of cheque through a local prudent lawyer and bring the accused/ tenant on negotiating table to bargain for recovery of arrears, although you may have to spend more than what you will gain, if you succeed.

Advocate Bhartesh goyal (Expert) 15 July 2021
( 1 ) Yes, Relationship of Landlord and Tenant had been existed between you and tenant and for resolution of any dispute between landlord and tenant petition can be bought before Rent controller so you can initiate processing before Rent Controller for recovery of 7 months due rent.
( 2 ) you may initiatief cheque bouning proceedings for dishonour of cheque separately.No restrictions.It will create a pressure on tenant.
( 3 ) Appropriate Forum is Rent Tribunal and not Civil Court..
( 4 ) You can claim electricity charges along with arreares of rent.

P. Venu (Expert) 15 July 2021
You can take action in accordance with the provisions of the Rent Act in force, locally. However, you cannot claim what has been waived. A better option would be move under NI 138 based on the dishonoured cheque.

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