A recovery certificate has to be issued. Pls contact.
UP RERA, case, post winning service required
I booked a flat in 2013 in Bareilly, UP, but their is delay in possession of flat by builder by 5 years till date. So I filed the case in UP RERA, lucknow and won the case " REFUND along with MCLR +1% ". in spite of two notices to builder by UP RERA, builder is still harassing us and not refunding the amount. So I need a Lawyer who can provide post winning service of UP RERA case and also expert in RERA procedure and can help me in refunding the amount from builder. Thanks
Asked 4 years ago in Property Law
Religion: Hindu
7 Answers
You can contact any local lawyer on this website from UP
In case of failure by the promoter in complying with the order, an aggrieved home buyer can approach Rera under Section 63 of the Act, which provides for penalty in case of failure to comply with the orders or directions of Rera
2)In case a developer does not honour the Rera order, it. Is forwarded to the concerned district magistrate to recover the dues. The district magistrate recovers the money as arrears of land revenue. Money so recovered is deposited in Rera account and from there it is transferred to the beneficiaries of the Rera order."
please make an application to the UP RERA for a direction to the District Collector to initiate recovery proceedings against the builder for recovering the refund amount as arrears of land revenue
Get an execution petition filed before RERA. If they have not gone into appeal, execution would be done and in case of appeal and stay thereof, you have to wait. Most probably, they must have gone in appeal just to delay the case. Find out, and follow up appeal to get refund at the earliest.
Dear Sir/Maam,
1)You should file an execution of decree application to RERA
2) In the execution application also file for penalization of promoter for non compliance with the tribunal order under section 63 and 64 of RERA.
Thank you
If the authority has passed an order in your favour granting you the desired relief, and the builder is not complying with the same then you have to file an application for enforcement of order u/s 40 of the Act, which deals with Recovery of interest or penalty or compensation and enforcement of orders, etc.
Recovery of interest or penalty or compensation and enforcement of orders, etc.
Sec 40 (1) If a promoter or an allottee or a real estate agent, as the case may be, fails to pay any interest or penalty or compensation imposed on him, by the adjudicating officer or the Regulatory Authority or the Appellate Authority, as the case may be, under this Act or the rules and regulations made thereunder, it shall be recoverable from such promoter or allottee or real estate agent, in such manner as may be prescribed as an arrears of land revenue.
Rule 24 of UPRERA Rules for a better understanding.
“24 For the purpose of sub-section (2) of section 40, every order passed by the adjudicating officer, regulatory authority or Appellate Tribunal, as the case may be, under the Act or the rules and regulations made thereunder, shall be enforced by the adjudicating officer, regulatory authority or the Appellate Tribunal in the same manner as if it was a decree or order made by the principal civil court in a suit pending therein and it shall be lawful for the adjudicating officer, regulatory authority or Appellate Tribunal, as the case may be,
in the event of its inability to execute the order, send such order to the principal civil court, to execute such order either within the local limits of whose jurisdiction the real estate project is located or in the principal civil court within the local limits of whose jurisdiction the person against whom the order is being issued, actually and voluntarily resides, or carries on business, or personally works for gain.”
For enforcement or execution of RERA authority, you have to approach to the RERA for issuance of RC or can file petition with NCLT u/s 7 of IBC laws .
Yes execution proceedings need to be initiated against builder
