How to get your RERA orders executed?
.jpeg)
Provisions of RERA the Real Estate (Regulation and Development) Act, 2016
In many of cases the orders and awards are not complied by the builder/developer. Generally A builder/developer is given 45 days to comply and execute a Rera order and comply with its direction. In such cases, buyers can again approach the Rera authority for compliance or execution of the award.
The Rera authority has powers As per section 40, to get their orders executed. Clause 1 of this section lays down, "If a promoter / builder / developer or an allottee or a real estate agent fails to pay any interest or penalty or compensation imposed on him, it shall be recoverable from such promoter or allottee or real estate agent, in such a manner as may be prescribed as arrears of land revenue."
Clause (2) lays down that, "If any adjudicating officer or the regulatory authority or the appellate tribunal issues any order, then in case of failure by any person to comply with such order or direction, the same shall be enforced."
Balvinder Kumar, a UP-Rera member says, "Buyers can file an execution complaint and we can then issue a Recovery Certificate (RC) to get the same implemented by the district magistrate. Buyers can come to us in case their orders are not implemented, and we will take action accordingly. We give 45 days in case of refund but the same may vary depending on the case. In some instances, Rera orders are not getting implemented where either builder has no funds to refund or other similar instances, but we have the powers to ensure buyers get justice."
Purchaser or Buyers generally take the help of lawyers to send legal notice to the builder for enforcement of the Rera order, but this should be done before making an execution application to a Rera authority.
"Rera orders are getting implemented in Haryana as it has different recourse to get its order implemented. Any order, whether from authority or adjudicating officer, has a three-way process to award interest, compensation or penalty. Under section 40(1), we can issue a recovery certificate and get the Rera order enforced. It is a very fast process," explains KK Khandelwal, Chairman, HRERA (Gurugram).
Khandelwal further elaborated, "Under section 40(2) in Haryana, Rera authority also has the power of civil court so our orders are like a civil court decree. If within the given time-period the promoter or allottee does not pay, then a recovery certificate can be issued against the defaulting party. This is also applicable for allottees and not just builders.
Haryana RERA has received 6,000 complaints. Out of these around 2,000 complaints have been dismissed, another 2,000 have been disposed off, and another 2,000 are pending with us."
Imprisonment and Penalty for Non-Compliance or on Failure to Comply
According to Section 63 of Rera ACT lays down stringent provisions for non-compliance of orders. It says, "If any promoter, who fails to comply with or contravenes any of the orders or directions of the authority, shall be liable to penalty for every day during which such default continues, which may cumulatively extend up to five percent of the estimated cost of the real estate project, as determined by the authority."
If builder/ developer fails to comply with the order of the Rera Appellate Tribunal is a punishable offence which can lead to imprisonment up to three years or fine which may extend up to ten percent of the cost of the real estate project, as per section 64 of the Rera Act.
Purchaser or Buyers can visit and approach Rera authorities for getting their orders executed and implemented in case of failure by the builder/developer. There are a few provisions in the RERA law to punish whoever fails to comply with the Rera authority orders.
No comments:
Post a Comment