based on the RC a 15 days’ notice would be issued to builder to clear the dues.
2) if he fails to pay his bank accounts / property can be attached
3) builder can be arrested in execution proceedings
4) no need to approach NCLT
Approaching NCLT after RERA verdict
Sir, UP RERA has given a verdict in my favour directing builder to refund entire amt with applicable penalty. Builder did not execute this order even after a notice sent by RERA. Now RERA has issued a RC & send it to DM. I am pretty sure that builder will still not execute the order or repay. My question - can I approach NCLT with this RERA verdict. If yes when & how. Thanks
Asked 6 years ago in Property Law
Religion: Hindu
13 Answers
1. The RERA Tribunal has power to implement its own order.
2. On the basis of the order of RERA you can not approach NCLT though without approaching RERA you could have gone to NLCT.
3. So approach RERA once again.
You have to wait until the time is over. After date write a letter to the builder for payment. Then a letter to RERA for non compliance of its order. Even than if payment is not made file complaint to appellate authority.
- As per law, if the builder fails to comply the order passed by the RERA authority under section 40 of RERA Act, for refund the amount , compensation , penalty , then the builder has 45 days time to execute the said order and to refund the amount to home buyer.
- Since, the RERA has already passed its order in your favour , and builder fails to comply the same, then you should move an application for execution of the passed order . Then RERA has full right to cancell his licence and attatch the property in whole and further builder will be behind the bar.
- Hence, once the RERA has already passed order in your favour , then approaching NCLT will not give you any benefit.
Hello,
Yes, you can do the same. But the order of RERA will not help you there before NCLT.
You will have to show yourself as the financial creditor and thereafter will have to obtain the order from nCLT.
You may move to the HC to seek direction for early execution of the order.
Regards
NCLT is a different forum. Here the buildet is in contempt and contempt proceedings should be initiated against him.
Regards
No you can not approach nclt. It is a different platform. Nclt has no role to play in cases settled by RERA. Follow up the execution process.
Yes you can approach NCLT after verdict from RERA.
Hire an Advocate who deals in corporate law for filing of complaint in NCLT.
Yes you can approach NCLT and can initiate a insolvency proceedings though see I would advise you to wait till DM take can step.
Warm greetings !
Before approaching National company law tribunal you have to approach RERA authority once it doesn't resolve then you can file a suit before NCLT for refund of amount!!
You can continue towards attachment or you can approach nclt for execution of that order. You can't opt both together
Yes, you can approach NCLT by moving a petition under section 7 of the IBC.
If the builder has not complied with the order passed by RERA within the prescribed time period, then it is open for you to approach NCLT under section 7 of the IBC to commence the Corporate Insolvency Resolution Process (CIRP).
NCLT is totally different organisation to that of RERA.
You cannot get the RERA orders executed through NCLT.
You can file an application before NCLT for the main cause and seek relief through them but not based on the RERA orders.
