RERA to the rescue

Have you got an order from MahaRERA in your favour ?

Do you want to see the colour of money?

Remember that failure to abide by the provisions of RERA is a punishable offence

For those of you who have filed a complaint under Redressal Mechanism established by the Real Estate (Regulation and Development) Act (RERA), 2016, and got an order of cancellation of the flat booked, refund of amount along with interest, here is how you can get your RERA order implemented, in case the Developer fails to comply with the order of the RERA authority :

Important :The allottee should wait for the passage of 45 days from the date of order of payment. This period can be extended only if the Developer provides substantial reasons to the Authority.

Step 1– Send a legal notice for enforcement of the order. However, as a mandate, this should be done before presenting an Execution Application before the adjudicating authority.

Step 2 - File the Execution request with the RERA Authority under the provisions of Section 40 of RERA . The Application must be according to the prescribed rules.

Step 3 - the RERA Authority will issue a notice to the builder to comply with the order within 30 days or else recovery orders shall be issued against it.

Step 4 -The Developer must deposit/ pay the money within 30 days otherwise the RERA Authority will issue Recovery Certificate against the builder to be executed by the Collector as arrears of land revenue.

Step 5 Section 63 of the RERA provides a very strict mechanism and penal provisions wherein, the penalty for non-compliance shall be levied on a daily basis subject to a maximum of five percent of the estimated cost of the real estate project. . Additionally, order passed by Appellate Tribunal is executable as a decree.

Step 6 In case the Collector is not exercising its powers and is delay dallying the process of recovery then the Allottee has the remedy to approach the Hon’ble High Court for a Writ of Mandamus against the Collector praying for order within a limited period of time.

Hence the provisions of RERA go a long way in providing relief to home buyers.