(1) Notwithstanding anything contained in any law relating to rents or any
other corresponding law for the time being in force in Delhi, any dispute relating
to the occupation or recovery of possession of any plot, dwelling unit or flat in any
co-operative housing society, the recovery of dues payable by a member or sub-
allottee to a co-operative housing society or vice-versa arising on or after the
date of the commencement of this Act and suits or proceedings pending in any
court after such commencement, shall be deemed to be a dispute within the
meaning of section 70 of this Act and shall be decided in accordance with the
provisions of this Act, and no court or other tribunal or authority shall have
jurisdiction to entertain and decide any proceedings in respect of such disputes.
(2) Notwithstanding anything contained in the law relating to rents or any other
corresponding law for the time being in force, no licensee, caretaker, or sub-
allottee who is occupying the dwelling unit or flat, or plot of land in a co-operative
housing society shall be a tenant of such dwelling unit or flat or plot of land within
the meaning of that law.
(3) Where any property mortgaged to the co-operative housing society including
the apex, as the case may be, is wholly or partially destroyed or for any reasons
the security is rendered insufficient and the mortgagor having been given
reasonable opportunity to repay such portion of loan as may be determined by
the co-operative housing society or the apex, as the case may be, has failed to
provide such security or to such portion of loans, the whole of the loan shall be
deemed to fall due at once notwithstanding the original terms on which the loan
was advanced, and the co-operative housing society or the apex, as the case
may be, shall be entitled to take action against the mortgagor for the recovery
thereof.
(4) All loans granted by the co-operative housing society or the apex, as the case
may be, and all interests chargeable thereon and costs incurred in making the
same, shall be recoverable when they become due by the co-operative housing
society or the apex, as the case may be.
(5) If any installment payable under the mortgage executed in favour of the co-
operative housing society or the apex, as the case may be, or any financial
institution which the National Housing Bank, having regard to the objects of this
Chapter, has recognised for the purposes of this section, being a financial
institution whose main object is to provide housing finance and any part of such
installment has remained unpaid for more than ninety days from the date on
which it falls due, the co-operative housing society or the apex or the said
financial institution may, in addition to any other remedy available to it, apply to
the Registrar for the recovery of such installments or part thereof as arrears of
land revenue, who will complete the enquiry to satisfy himself about the request
within a period of thirty days from the date of receipt of such application and shall
either issue a certificate for recovery as arrears of land revenue or reject it after
giving grounds for doing so within the said period of thirty days.
(6) On the issuance of letter for execution of award, the right of the original
allottee member shall be suspended subject to the mortgage interest of the
mortgage and in case the property has been transferred through the instrument
of power of attorney and agreement for sale, the occupant as power of attorney
holder or purchaser of agreement for sale shall be deemed as trespasser.
(7) The committee shall give sixty days time to such a person to vacate the
premises failing which the committee shall take appropriate legal recourse for
implementation of the decision of the committee.
Section 83 • THE DELHI CO-OPERATIVE SOCIETIES ACT, 2003
Section 83. Settlement of disputes.
the-delhi-co-operative-societies-act-2003-sec-83.json
•
Section 83
{
"act_title": "THE DELHI CO-OPERATIVE SOCIETIES ACT, 2003",
"act_slug": "the-delhi-co-operative-societies-act-2003",
"section_label": "Section",
"section": {
"number": "83",
"title": "Section 83. Settlement of disputes.",
"chapter": null,
"content": "(1) Notwithstanding anything contained in any law relating to rents or any \nother corresponding law for the time being in force in Delhi, any dispute relating \nto the occupation or recovery of possession of any plot, dwelling unit or flat in any \nco-operative housing society, the recovery of dues payable by a member or sub-\nallottee to a co-operative housing society or vice-versa arising on or after the \ndate of the commencement of this Act and suits or proceedings pending in any \ncourt after such commencement, shall be deemed to be a dispute within the \nmeaning of section 70 of this Act and shall be decided in accordance with the \nprovisions of this Act, and no court or other tribunal or authority shall have \njurisdiction to entertain and decide any proceedings in respect of such disputes. \n(2) Notwithstanding anything contained in the law relating to rents or any other \ncorresponding law for the time being in force, no licensee, caretaker, or sub-\nallottee who is occupying the dwelling unit or flat, or plot of land in a co-operative \nhousing society shall be a tenant of such dwelling unit or flat or plot of land within \nthe meaning of that law. \n(3) Where any property mortgaged to the co-operative housing society including \nthe apex, as the case may be, is wholly or partially destroyed or for any reasons \nthe security is rendered insufficient and the mortgagor having been given \nreasonable opportunity to repay such portion of loan as may be determined by \nthe co-operative housing society or the apex, as the case may be, has failed to \nprovide such security or to such portion of loans, the whole of the loan shall be \ndeemed to fall due at once notwithstanding the original terms on which the loan \nwas advanced, and the co-operative housing society or the apex, as the case \nmay be, shall be entitled to take action against the mortgagor for the recovery \nthereof. \n\n(4) All loans granted by the co-operative housing society or the apex, as the case \nmay be, and all interests chargeable thereon and costs incurred in making the \nsame, shall be recoverable when they become due by the co-operative housing \nsociety or the apex, as the case may be. \n(5) If any installment payable under the mortgage executed in favour of the co-\noperative housing society or the apex, as the case may be, or any financial \ninstitution which the National Housing Bank, having regard to the objects of this \nChapter, has recognised for the purposes of this section, being a financial \ninstitution whose main object is to provide housing finance and any part of such \ninstallment has remained unpaid for more than ninety days from the date on \nwhich it falls due, the co-operative housing society or the apex or the said \nfinancial institution may, in addition to any other remedy available to it, apply to \nthe Registrar for the recovery of such installments or part thereof as arrears of \nland revenue, who will complete the enquiry to satisfy himself about the request \nwithin a period of thirty days from the date of receipt of such application and shall \neither issue a certificate for recovery as arrears of land revenue or reject it after \ngiving grounds for doing so within the said period of thirty days. \n(6) On the issuance of letter for execution of award, the right of the original \nallottee member shall be suspended subject to the mortgage interest of the \nmortgage and in case the property has been transferred through the instrument \nof power of attorney and agreement for sale, the occupant as power of attorney \nholder or purchaser of agreement for sale shall be deemed as trespasser. \n(7) The committee shall give sixty days time to such a person to vacate the \npremises failing which the committee shall take appropriate legal recourse for \nimplementation of the decision of the committee.",
"footnote": "",
"is_definition": false,
"sort_order": 920
},
"prev_section": "82",
"next_section": "84"
}