Subsection (b) of Section 1895 of the National Housing Act applies to unlawful evictions under the Act and authorizes damages therefor of three times one month's rent not to exceed $150, but the Act does not purport to create nor to affect any existing liability of the landlord for damages to the tenant for fraudulent procurement or use of the rent director's certificates, process or orders. In the Bedell case, supra, 242 S.W.2d at page 575, it is said: "`plaintiff does not seek to set aside the certificate. He recognizes its finality. * * * The fraud is essentially in the deceitful method employed to obtain the certificate and in its use.'" In the instant case plaintiffs' primary complaint is the overcharge under the Act, subsection (a), with allegations of fraud and malice attending such violation. For such excess charge over the legally fixed maximum under its provisions the Act creates a liability of the landlord therefor, provides the remedy and contains its own punitive provisions. The cause pleaded in the Bedell case for damages for fraud and deceit in the procurement and use of the instrumentalities of the Act, is plainly distinguishable from the case at bar which is bottomed on the exaction of rent in excess of the lawfully fixed maximum established under the Act. In the Bedell case the cause of action had its source in the common law, but not in the National Housing Act. In the case at bar, the cause of action has its source in that Act, but not in the common law. In the Bedell case it was immaterial that the process, fraudulently procured, was a certificate of eviction issued by the rent control director, since eviction process fraudulently obtained from any other source would have sufficed in that case, if its fraudulent procurement and use induced the tenant to vacate. The National Housing Act was only incidentally involved. No maximum is fixed by law in the recovery of damages in such case. On the contrary, in the suit at bar, the indispensable element is that the defendants violated the National Housing Act, to plaintiffs' damage, whether maliciously, fraudulently, or otherwise, by receiving rents in excess of the maximum fixed by that Act, for which the Act, not the common law, creates a liability and limits the damages recoverable therefor. It is our conclusion that the case at hand arises under and is based upon the National Housing Act.