Section 37 in The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
37. Charges not recoverable in excess of fair rate.
(1)Notwithstanding any agreement to the contrary, no manager of a hotel or owner of a lodging house shall charge any amount in excess of the fair rate.(2)When the Controller has fixed the fair rate, any agreement for the payment of any charges in excess of such fair rate shall be void in respect of such excess and shall be constructed as if it were an agreement for payment of the said fair rate.(3)Any sum paid by a lodger in excess of the fair rate shall be recoverable by him at any time within a period of six months from the date of payment from the manager of the hotel or the owner of the lodging house or his legal representative and may, without prejudice to any other remedy for recovery, be deducted by such lodger from any amount payable by him to such manager or owner.
