CHAPTER VIII PENALTIES

Section 74

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 of one thousand rupees or double the standard rent, fixed in the previous tenancy, whichever is more.

(2) If any landlord or tenant contravenes 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 the 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 complaint 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 I to clause (r) 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 it has been re-let, whichever is more.

(5) If any landlord re-lets 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.

SCHEDULE I

The rate of rent enhancement is 75 percent of the annual inflation rate, based on the Whole Sale Price Index for residential properties since 1st January, 1995.

Table II

SCHEDULE II (See section 8- Other charges payable by rent)

  1. Air conditioner.
  2. Electrical heater.
  3. Water cooler.
  4. Geyser.
  5. Refrigerator.
  6. Cooking range.
  7. Furniture.
  8. Garden meant to be used by the tenant exclusively.
  9. Playground meant to be used by the tenant exclusively.
  10. Sun-breakers.

SCHEDULE III

(See sections 19 and 20)

A. Structural repairs to be got done by the landlord-

  1. Structural repairs, except those necessitated by damage caused by the tenant.
  2. Whitewashing of walls and painting of doors and windows once in three years.
  3. Changing and plumbing pipes, when necessary.
  4. Internal and external wiring and related maintenance.

B. Day to day repairs to be got done by the tenant

  1. Changing of tap washers and taps.
  2. Drain cleaning.
  3. Water closet repairs.
  4. Wash basin repairs.
  5. Bath tub repairs.
  6. Geyser repairs.
  7. Circuit breakers repairs.
  8. Switches and sockets repairs.
  9. Repairs and replacement of electrical equipment, except major internal and external wiring changes.
  10. Kitchen fixtures repairs.
  11. Replacement of knobs and locks of doors, cup-boards, windows, etc.
  12. Replacement of flynets.
  13. Replacement of glass panels in windows, doors, etc.
  14. Maintenance of gardens and open spaces let-out to the tenant.