Status as on- 29/01/2021

In one of its own kind judgments, Hon’ble Allahabad High Court in a Writ filed by renowned legal firm Centrik Legalistic LLP, on behalf of homebuyer, directs the local District Magistrate to execute the recovery certificate within 2 months of the order by High Court.

Recent action by Hon’ble High Court

Petitioner who is a homebuyer, under his Constitutional right filed a writ petition of Mandamus to expedite the recovery process pursuant to Recovery Certificate issued by Uttar Pradesh Real Estate Regulatory Authority (UPRERA) on 27.02.2020 seeking relief of recovery against the misconduct of the Developer who failed to fulfill his obligations towards the home buyers even after several instructions made by the concerned authorities.

Hon’ble Allahabad High Court after observing the facts came to the conclusion that relief must be granted to the homebuyers and therefore passed an order directing the local District Magistrate to execute the recovery process to its logical conclusion in accordance with the Recovery Certificate issued by UPRERA, within 2 months from such order of High Court.

RERA being safeguard to Homebuyers

Home buyers are facing some serious predicaments against the developers for a long time. Even after paying huge amounts for bookings, security amount, etc., the homebuyers are generally fooled by the developers. They are not handed over the possession on time and when they seek recovery, the developers try to fool them again. Here comes the role of Real Estate Regulatory Authorities which are established in every state and UT to help the buyers by granting relief to them and to punish the concerned developers. RERA is the most affective authority to bring peace in the lives of the homebuyers but sometimes the higher authorities have to make the execution done by their affective orders. High court being the higher authority keeps on passing such affective orders directing the execution of the orders passed by RERA.

Conclusion

Hon’ble High Court once again demonstrated its power to command the concerned authorities to execute the process of law and to grant relief to the innocent.

Disclaimer – the above article is based on the personal interpretation of the related orders and laws. The readers are expected to take expert opinion before relying upon the article. For more information, please contact us at rera@centrik.in