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Section 16 – The Delhi Rent Act, 1995

The Delhi Rent Act, 1995

 

16. Deposit of rent by tenant.-

 

(1) Where the landlord does not accept any rent and other charges payable tendered by the tenant within the time and the manner referred to in section 15 or refuses or neglects to deliver a receipt referred to therein or where these is a bona fide doubt as to the person or persons to whom the rent and other charges are payable the tenant may deposit such rent and other charges payable with the Rent Authority in the prescribed manner.

 

Provided that in cases where there is a bona fide doubt as to the person or persons to whom the rent and other charges are payable, the tenant may remit such rent and other charges payable to the Rent Authority by postal money order.

 

(2) The deposit shall be accompanied by an application by the tenant containing the following particulars, namely :-

 

(a) The premises for which the rent and other charges payable are deposited with a description sufficient for identifying the premises

 

(b) The period for which the rent and other charges payable are deposited,

 

(c) The name and address of the landlord or the person or persons claiming to be entitled to such rent and other charges payable.

 

(d) The reasons and circumstances for which the application for depositing the rent and other charges payable is made.

 

(e) Such other particulars as may be prescribed.

 

(3) On deposit of the rent and other charges payable being made, the Rent Authority shall send in the prescribed manner a copy of the application to the landlord or the persons claiming to be entitled to the rent and other charges payable with an endorsement of the date of the deposit.

 

(4) If an application is made for the withdrawal of any deposit of rent and other charges payable the Rent Authority shall, if satisfied that the applicant is the person entitled to receive the rent and other charges deposited, order the amount of the rent and other charges to be paid to him in the manner prescribed.

 

Provided that no order for payment of any deposit of rent and other charges payable shall be made by the Rent Authority under this sub section without giving al the persons named by the tenant in his application under sub section (2) as claiming to be entitled to payment of such rent and other charges payable an opportunity of being heard and such order shall be without prejudice to the rights of such persons to receive such rent and other charges payable being decided by a court of competent jurisdiction.

 

(5) If at the time of filing the application under sub section (4) but not after the expiry of thirty days from receiving the notice of deposit, the landlord or the person or persons claiming to be entitled to the rent and other charges payable complains or complain to the Rent Authority that the statements in the tenant’s application of the reasons and circumstances which led him to deposit the rent and other charges payable are untrue, the Rent Authority, after giving the tenant an opportunity of being heard, may levy on the tenant a fine which may extend to an amount equal to two months, rent, if the Rent Authority is satisfied that the said statements were materially untrue and may order that a sum out of the fine realized be paid to the landlord as compensation.

 

(6) The Rent Authority may, on the complaint of the tenant and after giving an opportunity to the landlord of being heard, levy on the landlord a fine which may extend to an amount equal two months, rent , if the Rent Authority is satisfied that the landlord, without any reasonable cause, refused to accept rent and other charges payable though tendered to him within the time referred to in section 15 and may further order that a sum of the fine realized be paid to the tenant as compensation.

 

 

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The Delhi Rent Act, 1995

 

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