To get a refund of court fee you apply to the court that received the fee, showing that the fee was excess or that the case ended in a way the law allows a refund for — settlement before hearing, withdrawal with liberty, or the reversal of the court's own earlier decision. The court issues a certificate of refund, which you present to the office or treasury named on it for payment, and the claim must be made within the time the Act allows.
The four ordinary grounds, the certificate, and the office that pays are the whole of the process.
Before you start
- The receipt or challan by which the court fee was originally paid, and the case number.
- The final order, judgment or award that shows why a refund is due — a settlement recorded, a withdrawal allowed with liberty to sue afresh, or an order correcting the court's own earlier decision on the ground of a mistake.
- The particulars of the fee paid: on what document, on what value or claim, and the amount.
- Where the fee is said to be excess, the calculation showing the fee that was actually payable.
Court fee is a state subject, so the fee and the refund follow the Court-fees Act 1870 as it applies in the state, read with the Code of Civil Procedure 1908. The certificate route is the same everywhere; the amounts differ.
The fee is entered on the record when the plaint, appeal or application is filed, and the refund is traced from that entry. Keep the case number and the stamp number together, because the paying office matches the certificate against the original payment before it releases money.
Steps
- Identify the ground. The usual ones are: fee paid in excess of what the claim required; the suit or appeal settled before hearing, including a settlement before the Lok Adalat or by mediation; withdrawal of the suit with liberty to file afresh; and refund after the court reverses or modifies its own former decision on the ground of a mistake. Sections 13 to 15 of the Court-fees Act 1870 deal with refunds on appeal, review and the correction of a mistaken decision, and Section 21 of the Legal Services Authorities Act 1987 covers a settlement reached before the Lok Adalat. Where the court has itself ordered the refund in the judgment or the award, quote that direction, because an order already on the record shortens the process.
- Apply to the right court. The application goes to the court that received the fee, not to a separate refund office. It is made on a plain petition, supported by an affidavit where the court asks for one, with the payment receipt annexed.
- Show the ground precisely. State the section or the rule under which the refund is claimed, the amount claimed, and why the fee is no longer payable. A vague request is returned.
- Obtain the certificate. On being satisfied, the court issues a certificate of refund, identifying the payer, the amount and the officer who is to pay.
- Present the certificate for payment. Take it to the office or treasury named on the certificate — in most states the collector or the civil courts' treasury deposit section — with proof of identity, and collect the payment in the mode that office uses.
- Move in time. The application for the certificate has to be made within the period the Act allows, so the order that grounds the refund is best acted on as soon as it is passed.
Documents to keep
- The original court-fee receipt or challan.
- The order or award that grounds the refund.
- The refund application and the court's certificate of refund.
- The acknowledgement from the paying office, and the payment voucher.
What goes wrong
- Applying to a refund office instead of the court that received the fee.
- Leaving out the payment receipt, so the court cannot link the fee to the case.
- Claiming a refund on a ground the Act does not cover — a refund is not due simply because the suit was dismissed.
- Waiting past the period the Act allows and losing the claim.
- Not keeping the certificate safe; a lost certificate is hard to replace and blocks payment.
Common questions
Is court fee refunded if the suit is settled before evidence begins?
Yes, where the settlement is on the record. A compromise or a settlement reached through the Lok Adalat or mediation qualifies, and the refund follows the certificate route. A plain dismissal after contest does not.
What about fee paid in excess by mistake?
The excess is refundable. The application sets out the fee that was actually payable and the fee that was paid, and the court verifies the calculation before issuing the certificate.
How long do I have to claim the refund?
The application must be made within the period the Act allows, counted from the order that grounds it. Because that is short, the petition should be filed in the same proceedings rather than as a fresh matter later.
Which office actually pays the money?
The certificate names the paying officer — usually the treasury or collector's office of the state. You present the certificate there. For the underlying suit, see civil litigation and recovery suits; the forms are in our civil litigation formats.
FileX Advocates & Legal Consultants, Kolkata, handles these matters before the Calcutta High Court, the City Civil and Sessions courts, magistrate, and the civil and execution courts. Call +91 7439811422 or WhatsApp us for a free first consultation.