Rera order execution is not done by builder

Question

Rera order execution is not done by builder

30-Jul-2023 (In RERA Law)

Hello ..my rera order was due in dec 2019..rera issued notice to builder in january and no response from builder..rera issued show cause notice to builder in june and again no response from builder ....ow what should be done to get the order executed.Thanks

Answers (7)

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Advocate Gyan Prakash LawRato · Accepted Answer · 2020-07-30T08:24:44+05:30

You may contact me as I have handled these kind of cases.

letter shall be written to DM and CMO through your Advocate. RTI needs to be filed as well so that exact situation and status be found.

Accordingly it can be looked into and processed.

Regards

Dr. Azhar Ikram LawRato · Accepted Answer · 2020-07-30T18:21:30+05:30

Sir for that you have to file writ petition before the high court for order execution. i have filed several writ petition before the high court where high court expedited the execution proceeding. whether rc has been issued in your case or not please tell.

Advocate Vibhanshu Srivastava LawRato · Accepted Answer · 2020-07-31T13:23:10+05:30

File a writ in the high court, making both the RERA Authority and the concerned builder a private property. RERA is an almost toothless agency, you’ll eventually have to take help of the High court by way of preferring a petition.

Advocate Gyan Prakash LawRato · Accepted Answer · 2020-08-06T15:15:40+05:30

I have handles these cases against the Builders like supertech to ansal to ajnarabto amatraa, etc.

you may contact me for discussion and I can guide you for the legal resolution in this regard.

looking forward
Regards

Advocate Vibhanshu Srivastava LawRato · Accepted Answer · 2020-08-06T20:31:04+05:30

There’s no provision to give an opportunity of hearing to the builder under section 63. They should have straight away issued a recovery citation instead of dilly dallying the matter. Approach the high court and file a writ of mandamus in this matter of slackness shown by RERa by not executing the order.

Advocate Gyan Prakash LawRato · Accepted Answer · 2020-10-16T10:53:30+05:30

Go for Section 40 of the Act.

if still not adhered, you have to move High Court rather than waiting endlessly.

As I appear before HC and RERA, I can guide you further. Section 63 is between RERA and the Builder. Although, the same can be used for creating pressure.

All the best.

Regards

Advocate Vibhanshu Srivastava LawRato · Accepted Answer · 2020-10-17T11:02:14+05:30

If RERA Authority is not executing the order against the builder by way of issuing necessary directions or by way of issuing the Recovery Certificate or imposing penalty in your case, you may approach the High court against RERA by way of a writ of mandamus

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