If you are stuck in such a situation, here is what to do.

Rohan, a young student, recently moved to the city of Nagpur for his higher studies and found accommodation at “Shanti Niwas PG.” The owner, Mrs. Desai, seemed pleasant at first, but soon, a series of frustrating rules began to surface. The food portions served were often insufficient, and when Rohan’s groceries were stolen from the common refrigerator, Mrs. Desai disclaimed any responsibility.

The situation escalated one afternoon. To quickly dry a shirt for an evening event, Rohan left his room’s ceiling fan running while he went to class. Upon his return, he found a note from Mrs. Desai stating that leaving a fan on in a locked room was against the rules. The note warned that a repeat offense would result in a fine of Rs. 500. Rohan was perplexed and worried; he had never signed an agreement that mentioned any such fines. He wondered if Mrs. Desai had the legal authority to impose such a penalty arbitrarily.

Advice in such cases

Dealing with arbitrary rules and fines in a Paying Guest (PG) accommodation can be stressful. Here is a structured approach to handle such a situation:

• Review Your Agreement: The first step is to carefully read the leave and license agreement or any contract you signed when moving in. Check for clauses related to rules, penalties, or fines. If a fine is not mentioned in the agreement, the owner cannot legally impose it unilaterally. If you don’t have a written agreement, the terms are based on verbal understanding, which is harder to prove but doesn’t give the owner unlimited power.
• Document Everything: Keep a record of all interactions with the PG owner. This includes saving text messages, emails, and notes. If a conversation happens verbally, send a follow-up message summarizing the discussion to create a written record. Take photos or videos if necessary (e.g., of the small food portions or poor living conditions).
• Communicate in Writing: Address your concerns to the PG owner formally and in writing. Politely state your issue with the new rule or fine, referring to your initial agreement. Ask for a clarification on the basis of this new penalty. A written trail is crucial if the dispute escalates.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Negotiate a Solution: Try to have a calm and rational discussion with the owner. Explain your perspective. Perhaps you can agree on a more reasonable solution regarding electricity usage or other issues. Mediation can often resolve conflicts without resorting to legal action.

Applicable Sections of Law

The relationship between a PG owner and a resident is typically governed by a leave and license agreement, which falls under the Indian Contract Act, 1872. This is different from a landlord-tenant relationship, which is governed by specific Rent Control Acts.

• Indian Contract Act, 1872: The agreement you have with your PG owner is a contract. Any term, including a penalty, must be part of the contract you agreed to. An owner cannot add new, arbitrary terms unilaterally. A fine imposed without prior agreement can be challenged as a breach of contract.
• Unreasonable Terms: Even if a fine is mentioned in the agreement, it must be reasonable. An exorbitant fine could be challenged in court as an “unconscionable” term of the contract. The owner can only claim actual damages suffered (e.g., the actual cost of the extra electricity used), not an arbitrary penalty amount designed to punish.
• Extortion (Section 325 of the Bharatiya Nyaya Sanhita, 2023): In extreme cases, if the owner uses threats or instills fear to compel you to pay a fine you are not liable for, it could potentially amount to extortion. This is a criminal offense, but the bar for proving it is high.

If you are the complainant

If you decide to take action against the PG owner for imposing unfair rules or fines, here are the steps to follow:

• Gather All Evidence: Collect your rental agreement, rent receipts, photographs of the living conditions, and all written communication (WhatsApp, emails) with the owner regarding the dispute.
• Send a Legal Notice: Through a lawyer, you can send a formal legal notice to the PG owner. This notice will state your grievances, declare the fine illegal, and warn of legal action if the owner persists. Often, a legal notice is enough to resolve the matter.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• File a Consumer Complaint: Since you are paying for services (accommodation, food, etc.), you can file a complaint in the Consumer Dispute Redressal Forum for “deficiency in service.” This is often a quicker and more cost-effective remedy.
• File a Civil Suit: For a breach of contract, you can file a suit in a civil court. This is a more lengthy and expensive process but is an option for seeking damages and preventing the owner from enforcing illegal rules.

If you are the victim

If you feel victimized or harassed by the PG owner’s behavior, prioritize your well-being and take these steps:

• Stay Calm and Avoid Confrontation: Do not get into aggressive arguments with the owner. Keep your communication civil and documented. Your safety is the priority.
• Seek Support: Talk to other residents in the PG. If they are facing similar issues, you can address the problem collectively, which adds strength to your position.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Consider Moving Out: If the environment becomes too hostile or toxic, the most practical solution might be to find alternative accommodation. Ensure you follow the notice period mentioned in your agreement to avoid losing your security deposit.
• Report to Police for Threats: If the owner threatens you with physical harm, illegally locks you out of your room, or cuts off essential services like water or electricity to force you to pay the fine, you can file a police complaint for criminal intimidation (Section 351 of BNS) or wrongful restraint (Section 359 of BNS).

How the police behave in such cases

Generally, the police view disputes between PG owners and residents as civil matters. They are often reluctant to file a First Information Report (FIR) for issues related to fines or breach of contract rules. They will likely advise both parties to settle the matter amicably or approach a civil court. However, their intervention becomes necessary if a criminal offense is committed. If you report threats, harassment, or wrongful confinement, the police are obligated to investigate under the procedures laid out in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

FAQs people normally have

What evidence is required?

To build a strong case, you will need:

• The written agreement or any document you signed.
• Records of all payments made (rent, deposit).
• Screenshots of chats, emails, or any written communication with the owner about the rules and the fine.
• Photographs or videos depicting poor services or the issue in question.
• Statements from other residents who can act as witnesses.

How long will the investigation take?

If the matter is civil, there is no police “investigation.” The timeline depends on the legal path you choose:

• Legal Notice: A resolution can be achieved within a few weeks if the owner responds positively.
• Consumer Court: A case in a consumer forum can take anywhere from a few months to over a year.
• Civil Court: A civil suit is a lengthy process and can take several years to reach a final judgment.

Advocate Sudhir Rao, Supreme Court of India