Fair Rent of a commercial shop at B.K.Paul Avenue Main Road,Kolkata-5

684 votes

You can file a complaint to the Rent Controller to increase the said rent, as per section 17 and section 18 of the THE WEST BENGAL PREMISES TENANCY ACT, 1997. The said acts state as follows:
Fixation Of fair rent.—(1) The Controller shall, on application made to him either by
the landlord or by the tenant in the prescribed manner, fix the fair rent in respect of any
premises in accordance with the provisions of this Act.
(2) The fair rent for a year in respect of any premises constructed and let out after the
year 1984, shall be fixed '[on the basis of annual payment of an amount equal to six and
three-fourth per cent per annuam of the aggregate amount of the actual cost of
construction and the market price of the land on the date of commencement of
construction.]
Explanation.—The cost of construction of a premises shall include the cost of water supply and
sanitary and electric installation and shall be determined with due regard to the rates adopted for
the purpose of estimate by the Public Works Department of the State Government for the area
concerned. The Controller may allow or disallow the variation of estimates upto ten per cent,
having regard to the nature of the premises :
Provided that while calculating the market value of the site on which the premises was
constructed, the Controller shall take into account only the portion of the site on which the
premises was constructed and sixty per cent of the portion of the vacant land, if any, appurtenant
to such premises, the excess portion of the vacant land being treated as amenity.
(3) Where a tenancy subsists for twenty years or more in respect of the premises
constructed in or before the year 1984, the fair rent shall be determined by adding to the
rent as on 1.7.1976 not more than three times, and then deducting the increase, if any,
in the manner provided in Schedule II, or by accepting the existing rent if such rent is
more than the increased rent determined according to that Schedule.
(4) Where a tenancy subsists for ten years or more but less than twenty years in respect
of the premises constructed in or before the year 1984, the fair rent shall be determined
by adding to the rent as on 1.7.1986 not more than two times, and then deducting the
increase, if any, in the manner provided in Schedule III, or by accepting the existing rent
if such rent is more than the increased rent determined according to that Schedule.
33[(4A) Where a tenancy subsist for twenty years or more in respect of the premises
constructed in or before the year 1984 and used for commercial purpose, the fair rent
shall be determined by adding t the rent as on 1.7.1976 five times or by accepting the existing rent if such rent is more than the increased rent determined under this subsection.
(4B) Where a tenancy subsists for ten years or more but less than twenty years in
respect of the premises constructed in or before the year 1984 and used for commercial
purpose, the fair rent shall be determined by adding to the rent as on 1.7.1986 three
times or by accepting the existing rent if such rent is more than the increased ret
determined under this sub-section.]34
(5) Where at the commencement of this Act, any proceeding is pending for fixation of the
fair rent of such premises under the West Bengal Premises Tenancy Act, 1956; the rent
fixed under the said proceeding shall be the fair rent under this Act.
(6) Where none of the foregoing provisions of this section applies to any premises, the
fair rent shall be such as would be reasonable, having regard to the situation, locality
and condition of the premises and the amenities provided therein and, where there are
similar or nearly similar premises in the locality, having regard also to the rent payable in
respect of such premises.
18. Revision Of fair rent.—The fair rent initially fixed shall be automatically increased
by five per cent every three years :
Provided that the State Government may issue notification varying such rate of increase
every four years from the date of commencement of this Act.

Advocate Siddhant Sharma LawRato

905 votes

If the matter is already goes before the House Rent Controller, then it is sub-judice you know it very well. In each and every town there has an Authority to fix fair rent of a Rented house or Shop premises. When one matter has go before the House Rent Controller, then the Ld. Forum shall have authority to ask the said authority to submit report regarding fair rent of dispute building. You should contact with your lawyer who can guide you properly in this regard at HRC.

Advocate Sanjoy Acharjee LawRato