Asked August 15, 2016

Landlord claiming painting charges

  • 1 Answer

I had rented a 1bhk house for Rs4500 and deposited a sum of 25000...... after year the owner is deducting an amount of 3000 as painting charges for the same house without any prior notice or any other mode of communication..... and the owner didnot issue any legal bond of the year which I lived..... What should I do to get tat 3000..... Or is there any chance of getting tat amount.......? please suggest and help me......

Answer 1

Default avatar
Anina D'cunha

Sometimes the owner or landlord give an estimate of how much the house will end up costing, which is an assessment. However, this is different from entering into a contract. An estimate may not be legally binding, and the owner may ask for more, but a contract is binding. If the owner made an offer and you accepted this offer for a consideration (price), then this will amount to a contract.

One will first have to discuss this issue of overcharging with the contractor, but if this does not solve the problem, one can enforce the contract by filing a suit in the civil court for specific performance of contract under Section 10 of the Specific Relief Act, 1963. For this there should be a valid contract [1]. Also, if damages are an adequate remedy, no specific performance would be ordered. This means that if suing for breach of contract (under Section 73 of the Contract Act, 1872) and damages are a sufficient remedy, the court will not enforce the contract. Alternately, one can file a suit in the civil court for damages under the mentioned section.

[1] Ambica Prasad vs Naziran Bibi, AIR 1939 All 64.


Agree Comment 0 Agrees almost 6 years ago

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