Status as on- 19/04/2021
Real Estate Regulation and Development Act (RERA) is considered to be one of the strongest enactments in the field of real estate sector. Along with enhancing builder buyer transparency, it also creates a strong adjudicating mechanism to resolve builder-buyer disputes. RERA has a swift dispute resolution system which shows aggrieved a ray of hope in getting justice on time. What’s next once you get the RERA order in your favour? Let’s talk about that.
Non-Compliance of RERA Order
It is the usual tendency of the defaulter to not comply with the orders of RERA and therefore justice remains unserved. If we talk about homebuyers, even after getting the orders of possession or refund along with interest against the builder, they need to struggle to get it implemented. Section 63 talks about Penalty for failure to comply with orders of RERA by promoter. According to it, the who fails to comply with or contravenes any of the orders of RERA Authority, shall be liable to a penalty for every day during such defaults continues and may extend up to 5%, of the estimated cost of the concerned real estate project.
Execution of the RERA Order
In case your order has still not been executed, you don’t need to worry. You can file for execution under Section 40 of the Act. The said execution application has to be filed before the concerned RERA Authority along with the certified copy of the original order and decree annexed with the Execution Application. The process of execution is swifter and effective. The Authority issues a Recovery Certificate (RC) to get the same implemented by the concerned district magistrate. You can further approach the High Court for implementation of the RERA order.
Recently, in one of its own kind judgements, Hon’ble Allahabad High Court in a writ petition filed by renowned legal firm Centrik Legalistic LLP, on behalf of homebuyer, directed the local DM to execute the Recovery Certificate issued by UPRERA to bring the recovery process to its logical conclusion.
Conclusion
Although the execution of RERA orders is still a big question before the justice system, RERA itself provides a suitable remedy for execution of its own order. It’s just about legal awareness and reaching the concerned Authorities at the right time to get justice served. RERA orders are being executed in recent times proving its effectiveness. For getting the relief, the role of right legal advice is very important as it decides the destiny of the case.
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, support@centrik.in
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