49. Penalty for omission to deliver receipt or statement of account.
(1)When a landlord or his agent, without reasonable cause, fails to deliver to the tenant a receipt or statement or to prepare and retain a counterfoil or copy of a receipt or statement as required by Sections 47 and 48 the Deputy Commissioner may, in a proceeding under this section, after making such inquiry as he may deem necessary order the landlord to pay as penalty a sum to exceeding fifty rupees for each default, and may, in his discretion award to the tenant as compensation such portion of the penalty as he thinks fit.(2)The existence of a dispute as to the rent or area of tenancy on account of which rent is paid shall not be deemed to be a reasonable cause for refusing, neglecting or otherwise failing to deliver-(a)a receipt for any annual account actually paid on account of rent, or(b)the statement of account required by Section 48, and the refusal of the tenant to accept the receipt shall not be deemed to be a reasonable cause for failing to prepare and retain a counterfoil of such receipt as acquired by Section 47.(3)The Deputy Commissioner may hold the inquiry under sub-Section (1) either on information received from a Revenue Officer or upon complaint of the party aggrieved, within one year, or upon a report of the Civil Court.(4)When in any proceeding instituted under sub-Section (1) the Deputy Commissioner discharges any landlord or agent, and is satisfied that the complaint of the tenant on which the proceedings were instituted is false, the Deputy Commissioner may, by his order discharge or direct the tenant to pay to such landlord or agent compensation, not exceeding fifty rupees, as the thinks fit.(5)No order shall be passed against any landlord under sub- Section (1) or against any tenant under sub-Section (4) unless he has been allowed a reasonable opportunity to show cause against such order.(6)An order made by the Deputy Commissioner imposing any penalty under sub-Section (1) or awarding any compensation under sub-Section (3) shall, for the purposes of appeal, be treated as a decree passed under the provisions of the Code of Civil Procedure, 1908, by the lowest Civil Court competent to pass a decree for the amount.
