Status – 13/03/2020
Recently, we are received a lot of queries regarding the matter that orders passed by State RERA Authority are not being complied with by the party/builders or if we say it precisely, the builder is not paying the amount ordered by authority. Let’s analyze it legally.
The above issue may be described with following synonyms:
- The RERA authority has passed order for refund of money with interest but builder is not paying
- The RERA authority has issued RC (Recovery Certificate) but no response from RERA or builder
- The RERA Authority has directed the builder to give possession along with the interest and compensation for delay in possession but the builder is not paying any interest.
- The RERA authority has directed to the buyer for payment of balance amount and takes the possession, however, the buyer is not doing so.
- The RERA Authority has directed the builder to execute the builder buyer agreement or sale deed but, the builder not doing the same.
In this article, I’ll be trying to address some of such grievances and try to educate about the above-mentioned issues.
As we all are aware that Real Estate (Regulation and Development) Act, 2016 (hereinafter referred as Act) came into force from 01/05/2017, for among other, addressing the grievances of the aggrieved home buyer, and it is working effectively in almost every State and the authorities have passed number of orders, however, enforcement/execution of order are a prime concern.
Issue 1: What to do if the builder is not complying with the order of RERA Authority?
Solution: there may be 2 option
If the authority has passed an order in your favour granting you the desired relief, and the builder is not complying with the same then you have to file an application for enforcement of order u/s 40 of the Act, which deals with Recovery of interest or penalty or compensation and enforcement of orders, etc.
“Recovery of interest or penalty or compensation and enforcement of orders, etc.
Sec 40 (1) If a promoter or an allottee or a real estate agent, as the case may be, fails to pay any interest or penalty or compensation imposed on him, by the adjudicating officer or the Regulatory Authority or the Appellate Authority, as the case may be, under this Act or the rules and regulations made thereunder, it shall be recoverable from such promoter or allottee or real estate agent, in such manner as may be prescribed as an arrears of land revenue.
Sec 40 (2) If any adjudicating officer or the Regulatory Authority or the Appellate Tribunal, as the case may be, issues any order or directs any person to do any act, or refrain from doing any act, which it is empowered to do under this Act or the rules or regulations made thereunder, then in case of failure by any person to comply with such order or direction, the same shall be enforced, in such manner as may be prescribed.”
Issue 2: WHETHER ORDER CAN BE EXECUTED THROUGH nclt UNDER IBC LAWS?
Solution: IBC is one its kind law where action is taken instead of further orders. The IBC laws trigger when any corporate person is not able to pay off its liability.
If we take the order of NCLT. A order by RERA is a decree which need to be paid by the builder, if the builder does not pay it then it would be default as per IBC Laws. Hence, a petition can be filed before NCLT for default in compliance of RERA order.
Any person who has an order directing another party to pay the prescribed amount, but the other party is not complying with the same.
Issue 3: Who can file an application for enforcement of order?
Solution: Any person who has an order directing another party to pay the prescribed amount, but the other party is not complying with the same.
Problem 4: Where to file an application for enforcement of order before RERA?
Solution: As per the mere reading and under of the Act and Rules it is very much evident that the passing authority is having the power to enforce the same. Let me quote the verbatim of Rule 24 of UPRERA Rules for a better understanding.
“24 For the purpose of sub-section (2) of section 40, every order passed by the adjudicating officer, regulatory authority or Appellate Tribunal, as the case may be, under the Act or the rules and regulations made thereunder, shall be enforced by the adjudicating officer, regulatory authority or the Appellate Tribunal in the same manner as if it was a decree or order made by the principal civil court in a suit pending therein and it shall be lawful for the adjudicating officer, regulatory authority or Appellate Tribunal, as the case may be,
in the event of its inability to execute the order, send such order to the principal civil court, to execute such order either within the local limits of whose jurisdiction the real estate project is located or in the principal civil court within the local limits of whose jurisdiction the person against whom the order is being issued, actually and voluntarily resides, or carries on business, or personally works for gain.”
Here if we read the rule the basic understanding says that, the power of enforcing of order vests with the authority who has passed an order. This rule is different in every state but the base is same as above that the passing authority is having the enforcement power.
Following Points are to be remembered while filing an enforcement application before RERA
- The application for Execution
- Legal analysis of facts and the remedy sought.
- Supporting documents including order copy and grievances
- A proper format to be followed while filing an application.
Conclusion– For enforcement or execution of RERA authority, you have to approach to the RERA for issuance of RC or can file petition with NCLT u/s 7 of IBC laws . You are advised to make complete fact and legal analysis. For any clarification, please read to the author at rera@centrik.in or speak to our expert at 8383011629
Disclaimer – The above points are based on the personal interpretation of related laws. The readers are expected to take expert opinion before placing reliance on it. For more information, please revert us back.
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No response from Unnati in reply to their own emails, Sec 144, Plot No.5, 3 Commercial shops, FIR agaibst builder, is police doing their bit? Are the builders absconding?
Dear Mr. Vivek, we can comment for any particular builder without the facts and assignment. Please send the complete details at rera@centrik.in
Sir/mam
I have filed a case against builder in rera but after consterm and non compliance they are not ready to pay my principle and interest as per rera and only 20% of amount is paid in last 1year,non compliance also failed to recovery my hard earned money and I myself is living on rent from last 4years @ 22000/- per month, please help..
Dear sir, this case may be filed under Insolvency for the default in making the payment. Please mail us at rera@centrik.in or speak to our expert at 8383011629
I had purchased a flat from TDI at Tuscan heights in kundli, haryana, I had purchased in 2011, and now they send a possession letter after the delay of 5 years as per their agreement. My balance payment is of Rs. 4.5 lacs but they are demanded 14 lacs with explanation that they increased the super area. What we can do? Please suggest.
You can file a case before RERA, for more information, please mail us at rera@centrik.in
My close relative had an agreement with Migsun , greater noida , for a flat at ground floor . He has made full payment including maintenance charges for two years. Now when he is asking for registry , builder verbally says that flat area has increased and asking to pay for additional area of around 1100 square feet , which infact is podium area. He is not giving any thing in writting , but saying , either pay extra for this booked flat or change unit or take refund. Not ready to give in writting and will force me to write .Please advise what I should do? I have taken loan from bank. Rajiv Mishra
You should get in measured and get in writing
I was told in the third and final RERA hearing that the order will be uploaded on website in one week. However it has been 2 weeks now and still no order is uploaded. One of my colleague is awaiting the order for last 2 months post his final hearing. I just want to know how much time in general does it take for order to be uploaded.
You have to wait. No other option
In my case it took almost 1 month.
You talk them on phone for asking the order.. May be some junior person forgot / delayed to upload the order
Sane happened to me. My order waaalso not uploaded till 4 weeks. So I went to tera office n inquired. they noticed their mistake n nxt 2 days it was uploaded. My advice to u, pay a visit to rera office with your complain number . Thy ll do it immediately.
Rgds.
After rera order also indya estates not even bothered to contact me nor to given my paid money with penalty
i have a non complaince of rera order by unitech ltd and great value sharnam in sec 107 noida but i believe cant do anything in unitech as supreme court has barred lower courts from taking any stance o\in unitech cases till it decides their case ….thanks in adv for ur reply
What is the Proper format of filing application for implementation of rera order
Dear, the format and process of filing application is different from State to State.
sir,
wishing you HAPPY NEW YEAR.
My complaint is for NON IMPLEMENTATION OF ORDER.
The builder has, instead of getting me benefits , has icreased my payment load
pls mail us at rera@centrik.in or 8383011629
Please share the fee details etc. I need to file for the execution of the order at the state of UP.
The process for execution of the order is not prescribed in the Act
Hello Admin
I finally got the order wherein builder has been asked to refund the amount paid so far along with interest. However the order is bit confusing. In the first paragraph of the order, builder has been asked to pay within 45 days of the order. However in the very next line, I have been asked to present my claim under Section 71 to adjudicating officer.
So my doubts are:
1) Shall I wait for 45 days and in case builder doesn’t pay, then present my claim? Or without waiting for 45 days, Should I present my claim right-away?
2) Who is being referred to the adjudicating officer to whom I need to present my claim? Is it the VC of development authority who passed the orders or any local district judge to whom case might go for enforcement?
Regards
Dear Rishi, till date i.e Aug 2018, the adjudicating officer has not been appointed. As per our experience, for compensation, the order would be advised to file with adjudicating officer. Before advising anything, we need to review the order. Please send the order at rera@centrik.in
Dear Admin, thanks for your revert. I have sent the order to rera@centrik.in. Hope to get your advice soon.
Regards
Rishi Arora
Launched the complaint in MAHARERA last year against the builder in Mumbai, due to delayed possession. After 8 hearings and several discussions ,we singed the consent terms in Jan 18, and the same is recorded in MAHARERA.As per the consent terms signed between us builder agrees to pay monthly interest till the actual possession. Till last month he gave interest regularly but from this month he starts delaying the interest.What can I do now? He also not deposited the TDS deducted from interest amount in to income tax account against my pan number.
You may file a petition before RERA for non-compliance of order.
Thanks Admin for revert.
UP RERA has passed order in my favour for refund of e tire amount deposited with Interest on 07.08.2018 within 45 days. Builder is not responding
When and where and how should I file application for execution of orders
You have to approach to RERA authority again for execution of order
Dear Sir/Mam,
I paid the amount of rupees 1000 via EasyPay reference ID- 18090434967949. Payment is showing successful and the amount has been deducted from my account but I got the Transaction ID-UPRERA1725576340431 but not able to get the complaint ID through the http://up-rera.in/getcomplaint website.
So it is requested you to look into this as I have mailed so many times to the contactuprera@up-rera.in but they didnt reply on the same matter from last so many days. So it is request you to look into this and help to to get the complaint ID.
I received this message into my register mobile number:–
Dear Sir/Madam, you have made a payment of Rs. 1000.00 to UTTAR PRADESH REAL ESTATE REGULATORY AUTHORITY vide EazyPay reference ID 18090434967949.
Thanks and Regards:
Ankush Gupta
Calling Indya estate almost every week for my payment but Indya estate not bothering. Rera ordered to pay the payment.
You have to go for execution of RERA order.
Order has been passed by RERA against Indya states for paying money in jan 18 However he is not bothered to pay our money.please advice
You can file execution before RERA or file IBC case. Please contact to our expert at 8383011629 or mail us at rera@centrik.in for more details
Hello Admin
I finally got the order wherein builder has been asked to refund the amount paid so far along with interest. However the order is bit confusing. In the first paragraph of the order, builder has been asked to pay within 45 days of the order. However in the very next line, I have been asked to present my claim under Section 71 to adjudicating officer.
So my doubts are:
1) Shall I wait for 45 days and in case builder doesn’t pay, then present my claim? Or without waiting for 45 days, Should I present my claim right-away?
2) Who is being referred to the adjudicating officer to whom I need to present my claim? Is it the VC of development authority who passed the orders or any local district judge to whom case might go for enforcement or who have passed the order showing in order copy?
The claim under section 71 is filed before Adjudicating officer if you want compensation apart from refund and interest as awared by Authority. For more details please mail us at rera@centrik.in
Hello admin
I have booked a flat in Aug 2009 but till date I neither get my flat nor my Money back.
I filed a case in mahaRERA in Feb 2018 and builder agreed in written that he will refund my Money with 10% interest.
But he didn’t comply.
I filed a non compliance in mahaRERA in Aug 2018 but till date I didn’t get any hearing date.
Kindly suggest what to do next.
Regards
Hafiz Ansari
Please mail us with your complaint no
Hello Admin,
I have filed a NON compliance in Aug 2018 in mahaRERA .
For which I am not getting any hearing date.
Initially case filed in Feb 2018 in mahaRERA.
It’s almost 10 months passed after I filed a case in mahaRERA.
Flat booked in year 2009. More than 9 years passed.
I neither get my flat nor my money back.
Can you suggest what to do next.
first date is done, now we want to change our lawyer as he is inefficient, how can we change, ??
yes, you can change, please mail us at rera@centrik.in
MY UP Rera complaint is registered with hearing date of 2nd Jan. What all documents I should carry and how much time it takes on first hearing? Any info on this will be of great help.
if It is first hearing, please carry all documents and submission to proove your complaints
Hello admin,
I have filed a case in mahaRERA against builder in feb2018.
I have booked a flat in aug2009 and till date I neither get my flat nor my hard earned money back
Respondent agreed in written that he will refund my money but he did not comply as per written communication.
I filed a Non compliance in mahaRERA in aug2018 but till date I didn’t get any hearing date.
Kindly suggest what to do next.
Regards
Hafiz Ansari
I have booked house in vast vihar on 21stmarch 2016 but my project starts on May 2017 and completed on Novomber 2018 my questio is does new RERA act covered my house?
As per assignment agreement between developer and and house owner specificatio used in house is branded but it set up poor quality which i mention one by one given below:-
1.poor quality of C.P fitting(taps,shower-chinese) according to agreement c.p.fitting branded
2.steel grill window but company set up iron+glass window
3.Door frame :-hard wood but company set up aluminium gate in both bathroom and rest room door frame set up hard wood door frame.
4.wall seepage from 2 month after complaining company office till now no mechanics come to repair.
5.Delay in handling over possession even after making full and final payment.
Please advice me what i do to resolve my issue with immediate effect??
Dear Sir, we need more facts regarding the area and others to advice whether RERA would be applicable or not. yes, such issues are covered and would be addressed by RERA subject to facts. Please mail us at rera@centrik.in
Dear Admin,
I have registered a flat in Jan 2018 in Guntur, Andhra Pradesh. It’s a gated community of 30 flats under construction. Without aware of RERA act most of flat owners had booked the flat and many got it registered before 2018. Builder is delaying the project and not even willing to give in writing of when will he issue Possession certificate. From what we can see and understand the project will still take more then six months if he take the work seriously working for 24 hours a day. We all find ourselves help less. How can we use RERA act to put pressure on him?
I have complained in RERA Last year, were in we(Builder & Myself) has amicably resolved the Issue by with a condition that builder shall give the possession by 31st Dec 2018. I did not go the possession. I have also applied for Non Executive of Order.
How should i reopen the Case.??
You have to file the case again before RERA authority.
Dear Admin,
I had filled RERA Complaint last year, were in We(Builder & Myself) has amicably resolved the issue with a condition that builder shall Provide the Possession by 31st Dec 2018. Builder failed in providing the possession.
i want to re initiate the case. i have also filled non execution of Order.
What should i do ?
Yesterday UP tera has ordered to my builder repay of full payment since day 1 to yesterday with 9.45%.. while I had paid EMI at the rate of 11.7% during the year of 2013- 15to Axis Bank .. so I m loosing almost 1.5 lakh . What should I do?. Builder is not ready to pay extra … My case was I had booked a flat in 2010 on the promise of possession in 2012. . still waiting for possession . Paid 100 % payment in 2011. So I was paying EMI n rent both … But RERA dint bother what I had paid till date . Thy ordered to pay flatly 9.45 % per annum on my payment to builder either I paid fm my saving or by bank loan.. pls suggest what I can do now ?
Rgds…
the legal reply can be discussed based on the facts. Please mail us at rera@centrik.in or speak us at 8383011629
Dear Dear Centrik Team,
Your inputs to the suffering buyers are very valuable and useful.
Regards
Jangal
Thank you so much Mr. Jangal
RERA bandra mumbai is not uploading my judgement even after one month. what can be done?
Visit or write mail to them
After filing EP, what is the next course of action for recovering the amount.
In case of selling the property and paying the creditors by the builder, whether the buyer will be preferential creditor in case the builder has taken loan from the Bank?
We have booked a flat in supertech Noida in 2012. Offered possession date was 2015. Then they changed it to 2017. now in rera they updated it 2019. But our documents are not updated. documents still shows possession date 2017. There is no construction going on for last two years. What action we can take? Can rera help us in this case?
Yes, you can file the case before Gurugram RERA. For more details please mail us at rera@centrik.in or speak to our expert at 8383011629
HI ,
I booked a flat with Vihaan Group, Greater Noida West, Sector 1 in April 2012. My builder buyer agreement is dated 24th May 2013 and the flat was supposed to be constructed by 24th May 2016 but till date i haven’t got the possession. I am now frustrated with the builder that i want all my money to be refunded back along with interest and compensation. Builder is claiming that the flat will be given by August end ( at least my tower) with other towers work still under construction. Even if builder provide me a flat in my tower, there will always be construction of other towers which will have an impact on my family and also we won’t be getting facilities like club and other sports facilities as these are still under construction and will take another 7-8 months. Am i eligible to get the full refund? I have already filed an case under UP Rera. Also, can i be present alone in the UP RERA hearing.
Whether you would get a refund or not, shall be depending upon the agreement and other facts. Please send mail at rera@centrik.in
Hi, I have booked one flat with VVIP Homes in 2013. I have pais park facing PLC and my flat is on 1st floor which is on the Podium. At the time of booking the club building was far from my flat. Now builder has changed the plan and constructing club in front of my flat. Due to this there is obstruction to my flat from both directions. Can I file a Rera case for removing the obstruction. Can Rera take care of cases of removal of obstruction. Please advise.
I have received an Order dt 31.05.2019 by UP Rera against Builder in my favour directing the Builder to obtain the Completion Certificate within 90 days i.e. upto 31st August, 2019. In case the Builder fails to take the Completion Certificate by 31.08.2019, what should I do? Kindly explain.
You can approach to RERA to impose penalty
RC issued against builder in june 2019 from UP RERA, but no any action tacking against builder from RERA and Noida Tehsil Dadri.
I provide his all bank account, office addres and residence address.
please send your query with RC at rera@centrik.in or call our expert at 8383011629
I have registered my complaint last year in month of March 2018, against Builder for not Delivering property as per his said commitment.
Its been 8 hearing till now we are not receiving concrete decision from UP rera nor Builder has attended any of the hearings
Please suggest
Can any body please tell me How can I file an order of execution in rera, my builder is not complying rera order?
My no. is 9891112762
Ashish Bhatt, pls mail us at rera@centrik.in or 8383011629
UP RERA issued the order in April 2019. and presently Builder the case in tribunal against the order. There is no stay order againt rera order. i had requetsd the RERA court for the execution of order but they are not issuing RC.
So, Let me know how to get the RC.
Since the matter is subjudice in Appellate Tribunal, hence RERA would not issue RC
UP RERA has passed order in my favour for refund of entire amount deposited within 60 days. Builder is not responding
When and where and how should I file application for execution of orders
It would depend upon multiple conditions. You can go to RERA for RC or NCLT. For more inforamtion, please speak to our expert at 8383011629