The property buyers in India whether they are home buyers or those who want to purchase property as an investment, the RERA Act has provided them with the option to initiate legal action against those real estate developers who make buyers wait for years on end to deliver their property or cause other issues relating to the registry, Completion Certificate, quality, etc.
Homebuyers can file a complaint against the builders who are not able to or fails to work in accordance with the RERA Act and claim compensation, refund, interest or timely delivery of the project. RERA Authorities have been set up in many states in India, and UP RERA is one of the RERA Authorities that receive the maximum number of RERA Complaints from homebuyers.
When to File UP RERA Execution Order Application?
The application of UP RERA order execution can be filed in these cases:
- To get the builder buyer agreement or sale deed executed when the builder is not doing the same.
- To get possession along with interest and compensation for delay in property possession when the builder is not paying any interest or refunding the money.
- To get the possession of the property when the builder is not giving the possession to the buyer after RERA order.
How To File UP RERA Order Execution Application?
Any person who has a UP RERA order in their favor and the other party is not executing the same can file an application for enforcement of such order with the UP RERA Authority.
In case the builder fails to enforce the order passed by the UP RERA Authority in favor of the home buyer, the home buyer can file application for execution of UP-RERA order against the builder/promoter with the same UP-RERA Authority.
Before filing an application for UP RERA order execution, the home buyer need to send a legal notice to the builder for the execution. This notice can be used as proof when the builder fails to execute the terms of the legal notice.
How to execute RERA Order?
If any promoter is not refunding the amount as ordered by the UP-RERA despite the passage of 45 days from the date of order of payment then an allottee can take these steps:
- File the Execution request with the UP RERA at their portal. You can get the link by clicking here.
- The UP RERA will issue a notice to the builder to comply with the order within 30 days or else recovery orders shall be issued against it.
- Within 30 days the Promoter need to deposit the money, otherwise the UP-RERA will issue Recovery Certificate against the builder to be executed by the Collector.
- On receiving such orders from the UPRERA, the Collector issues the recovery citation and has the power to seize the bank accounts of the Promoter and further auction to the builder’s properties by issuing a public notice.
- The Collector has to follow the process of recovery of dues as arrears of land revenue as provided in the U.P. Revenue Code 2006 and U.P. Revenue Code Rules 2016.
- In case the Collector is not exercising its powers and is delay dallying the process of recovery then for a writ of mandamus against the Collector allottee has the remedy to approach the Hon’ble High Court to praying for order within a limited period of time.
Penalty For Non-Execution Of UP RERA Order
The RERA Act- Section 63 lays down the provisions for non-compliance of RERA orders. According to the RERA act if any promoter, who fails to comply with or contravenes any of the orders or directions of the authority, will be liable to penalty for every day during which these kinds of default continues, which may cumulatively extend up to 5% of the estimated cost of the real estate project, as decided by the authority.