Status as on- 14/05/2021
OVERVIEW
The Real Estate (Regulation and Development) Act, 2016 came into force partially on 1st of May, 2016 and completely on 1st of May, 2017. It is considered to be one of the most important enactments in the field of Real Estate sector. The main purpose of the Act lies in enhancing the Transparency between buyer and builder and creating a strong adjudicating system for the disputes arising in real estate sector. An aggrieved homebuyer seeks right legal remedy after getting exploited by the builder. In India, RERA is a common law that deals with all the real estate matters efficiently.
Registration under RERA
RERA makes it mandatory for every Real Estate project to get registered. Also, it makes ‘Agent Registration’ compulsory. Registration of project enhances builder buyer transparency. Section 3 of the Act, clearly states that No promoter shall advertise, market, book, sell or offer to sale, or invite persons to purchase in any manner any plot, apartment or building, as the case may be, in any real estate project or part of it, in any planning area, without registering the real estate project with the Real Estate Regulatory Authority.
UPRERA has recently issued a big order with regard to buyer-builder transparency, making it mandatory for the builder to mention a special number that is the Registration number at the time of marketing & advertisements failing to which action would be taken against concerned developers/builders.
Complaints for Possession and Refund
According to the Act, complaints seeking possession along with interest for delay is filed before the Authority in the respective formats. In case the buyer is seeking refund along with compensation under section 18 of the Act, such complaint shall be filed before the Adjudicating Officer (AO) in the respective formats.
However, there might be slight changes in the abovementioned rules depending upon the state wise RERA.
According to Section 43 of the Act, any person aggrieved by any decision or order made by the Authority or by an Adjudicating officer under this Act may prefer an appeal before the Appellate Tribunal having jurisdiction over the matter. The Appellate Tribunal has the power to regulate its own procedure.
EXECUTION OF RERA ORDERS
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 judgments, 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-
Every state in India has established its own RERA Authority dealing with all the matters in concern with Real Estate Sector. Though, RERA is quite swift in resolving the issues but execution of the orders passed by the Authority is still a big question. It’s high time for the higher authorities to enhance the powers of RERA making it more effective so that aggrieved can retain his faith in the justice system.
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
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