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Section 74 – The Delhi Rent Act, 1995

The Delhi Rent Act, 1995

 

74. Penalties.-

 

(1) In a case where the tenant applies for fixation of standard rent under section 11 for the premises the standard rent of which had been fixed in a previous tenancy under the Delhi Rent Control Act, 1958 (59 of 1958) or under this Act, the landlord shall, on a request from the tenant intimate in writing to such tenant the standard rent so fixed and in case the landlord fails to do so, he shall be punishable with fine one thousand rupees or double the standard rent fixed in the previous tenancy, whichever is more.

 

(2) If any landlord or tenant contrivances the provisions of sub section (1) of section 21, he shall be punishable with fine equivalent in amount to the rent for three months or with one month’s imprisonment, or with both, and shall also be liable to fine of one hundred rupees for each day commencing on the date of cutting off or withholding essential supply or service till the date of essential supply or service is restored.

 

(3) If any tenant sub-lets, assigns or otherwise parts with the possession of the whole or part of any premises in contravention of the provisions of clause (b) of sub section (2) of section 22, he shall be punishable with fine which may extend to five thousand rupees, or double the rent received by the tenant for sub-letting for every month till such time the cause of compliant ceases, whichever is more or with imprisonment for a term of one month.

 

(4) If any landlord makes a false statement in his affidavit, under paragraph (I) of Explanation 1 to clause ® of sub section (2) of section 22, he shall be punishable with fine which may extend to five thousand rupees, or double the rent receivable for a period of three years in case in has been re-let, whichever is more.

 

(5) If any landlord re-lets or transfers the whole or any part of any premises in contravention of sub section (1) of section 31, he shall be punishable with fine which may extend to five thousand rupees, or double the rent the landlord receives after re-letting, whichever is more, or imprisonment which may extend to one month.

 

Explanation.- For the purposes of this sub section and sub section (3) of section 75, in case where it is difficult to prove the rent which the landlord or the tenant, as the case may be, is receiving after re-letting or sub-letting, the fine may extend to five thousand rupees.

 

(6) If, after the tenant has delivered possession, the landlord fails to commence the work of repairs or building or re-building, as the case may be, within three months of the specified date under sub section (3) of section 32, he shall be punishable with fine equivalent to rent for three months.

 

(7) If a landlord contravenes the provisions of sub section (2) of section 32, he shall be punishable with fine which may extend to six month’ s rent of the premises.

 

(8) If a tenant fails to make re-entry under sub section (2) of section 32 within three months from the date of the completion of repairs or rebuilding as the case may be, intimated in writing by the landlord, without reasonable excuse, he shall forfeit his right to re-entry and shall be punishable with fine equivalent to three month’s rent of the premises.

 

 

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The Delhi Rent Act, 1995

 

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