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NCT Delhi - Section

Section 96 in The Delhi Co-operative Societies Rules, 2007

96. Procedure for settlement of disputes and issue of recovery certificate in case of default of installments of mortgage loan.

(1)The dispute relating to the co-operative housing societies shall primarily be governed by the provisions of section 70 and section 71.
(2)In the matters which fall under sub-section (5) of section 83, the dispute shall arise only on default in payment of installments payable by a mortgagor, who has raised loan to acquire a property by providing security of said property besides any other additional security, if any, as a security of mortgage to the mortgagee namely, the co-operative housing society, the apex or the financial institution recognized by the National Housing Bank. If payment of any above referred installments are in arrears, either full or in part for more than ninety days from the date on which it falls due by the mortgagor, an application shall be made by the co-operative housing society, the apex or financial institution recognized by the National Housing Bank, to the Registrar giving full particulars of the default and the steps taken for the recovery of the defaulted installments from the mortgagor by the mortgagee, for the issue of certificate for the recovery of defaulted installments as arrears of land revenue. The Registrar, if satisfied, after affording an opportunity to mortgagor and after such inquiry as the Registrar considers necessary shall issue a certificate for recovery for the recovery of defaulted installments as prayed in the application by the mortgagee, as arrears of land revenue or may reject the application of the mortgagee by giving reasons for such a rejection in writing to the applicant, within a period of the thirty days of the receipt of the application