Maharashtra RERA party not honoring terms of settlement what to do

611 votes

You may file execution application before RERA authority. As per REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016. Any interest or penalty or compensation imposed on a promoter or an allottee or a real estate agent shall be recoverable under section 40 of the Act, from such promoter or allottee or real estate agent, as the case may be, in the same manner as applicable in respect of land revenue as provided in the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966). For the purpose of sub-section (2) of section 40, every order passed by the Adjudicating Officer, Authority or Appellate Tribunal, as the case may be, under the Act or the rules and regulations made there under, shall be enforced by the Adjudicating Officer, the Authority or the Appellate Tribunal in the same manner as if it were a decree or order made by the principal civil court of original jurisdiction in a suit. In the event such Adjudicating Officer, the Authority or Appellate Tribunal is unable to execute the order, it shall send a copy of 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 of original jurisdiction within the local limits of whose jurisdiction the person against whom the order is being issued, resides, or carries on business, or personally works for gain along with a certificate stating that such an order has not been executed by it.

Advocate Jairam Chandnani LawRato

847 votes

Dear All,
The complainant must provide:

The particulars of the applicant and the respondent.
The registration number and address of the project.
A concise statement of facts and grounds of claim and consent term

The reliefs and interim reliefs, if any, sought.”
To initiate proceedings before the adjudicating officer for compensation under RERA, the complainant needs to file a similar application. This application must also be made in the prescribed format and must contain particulars similar to those required in the application to the RERA authority

As you should go for RERA Appellate Tribunal to Save your Interest and for the same can help you in this current issue

Advocate Shashank Choudhary LawRato

936 votes

RERA COURT MAY PASSES APPROPRIATE ORDER, You can also file complaint in consumer forum in default of service and in court for BREACH of contract and also lodge complaint before Municipal Commissioner about his negligence and put him in black list

Advocate Ajay Bhakt LawRato