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what to do if builder not complying with RERA orders
13-Jul-2023 (In Property Law)
I filed a RERA case against a famous builder in Ghaziabad for not delivering the possession on time and the RERA court ordered the builder to return my money with interest. The deadline given by RERA - 2 months is approaching and the builder is not showing any sign to return my money. I have emailed them multiple time after RERA order to remind them of my payment. I want to know how can I make builder pay?
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.
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Adv. Vijay Kumar Teotia
Meerut | 200+ Answers
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What happens if builder fails to give possession?
A buyer may register a complaint against the RERA Authority for any violation or disobedience of RERA laws. A buyer can also seek the help of experienced property lawyers to file a lawsuit if the builder does not give possession.
Why RERA was not accepted?
RERA will not be applicable if the land area in question is less than 500 square metres. A developer is not required to register a building if there are fewer than eight apartments. 17-Apr-2022
How do I file a complaint against a builder in UP RERA?
Step 1: Log in to the UP RERA website.
Step 2: Access the Complaints section.
Step 3: Register your complaint
Step 4: Register or Log in.
Step 5: Provide the necessary information
Is it safe to buy property without RERA approval?
You should therefore be careful when buying into a construction project that has not been registered with RERA. Real Estate Regulatory Authority is a regulatory agency that was created to protect homebuyers rights. It is the builders fault if he fails to register with RERA. 29-Dec-2021
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.
Sec 40 (2) If any adjudicating officer or the Regulatory Authority or the Appellate Tribunal, as the case may be, issues any order or directs any person to do any act, or refrain from doing any act, which it is empowered to do under this Act or the rules or regulations made thereunder, then in case of failure by any person to comply with such order or direction, the same shall be enforced, in such manner as may be prescribed.”
“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.
Sec 40 (2) If any adjudicating officer or the Regulatory Authority or the Appellate Tribunal, as the case may be, issues any order or directs any person to do any act, or refrain from doing any act, which it is empowered to do under this Act or the rules or regulations made thereunder, then in case of failure by any person to comply with such order or direction, the same shall be enforced, in such manner as may be prescribed.”
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Adv. Vijyant Nigam
Lucknow | 100+ Answers
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The builder has 45 days to comply with the Rera order. In many cases, the developer does not comply with the order. In these cases, buyers may again contact the Rera authority to get their orders executed. According to section 40 of the Rera Act, they have the power to execute their orders.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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