UP RERA Order Execution Process When Builder Is Not Following Order

Published on 01 Dec 2019 by Shivi

The property buyers in India, be it home buyers or those who wish to buy property as an investment, have had their faith lost in the Real Estate sector in India due to the number of problems faced. However, the RERA Act has provided them with the option to initiate legal action against such real estate developers who make buyers wait for years on end to deliver their property or cause other issues relating to the registry, Completion Certificate, quality, etc. 

Homebuyers can file a complaint against the builders who fail to work in accordance with the RERA Act and Rules and claim compensation, refund, interest or timely delivery of the project. RERA Authorities have been set up in many states in India, and UP RERA is one of the RERA Authorities that receive the maximum number of RERA Complaints from homebuyers. 

Around 17000 complaints have been filed with the UP RERA Authority since its establishment in different cities. The number one factor that has led to a high number of RERA complaints in UP RERA is the developments and constructions in areas such as Noida, Lucknow, Agra, etc. 

However, when it comes to the actual implementation of UP RERA Orders, homebuyers have faced a lot of issues to get the builder to enforce the order for a refund, interest, of any other order in favour of the home buyer. The enforcement/execution of RERA order has thus become a prime concern for homebuyers. Let’s discuss the process of UP RERA order execution when the builder is not following the order.

If the authority has passed an order in the homebuyer’s favour and granted them the relief they have sought that the builder is not enforcing, the homebuyer can file an application for execution of the RERA order passed against the builder. Such request for execution of UP RERA order can be filed under Section 40 of the RERA Act, which deals with the recovery of interest or penalty or compensation and enforcement of orders, etc.

Section 40 of the RERA Act states that: 

  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.

  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.”

When To File Execution Of UP RERA Order Application?

The application of UP RERA order executioncan be filed in the following cases: 

  1. To get the builder buyer agreement or sale deed executed when the builder is not doing the same.

  2. To get possession along with interest and compensation for delay in property possession when the builder is not paying any interest or refunding the money.

  3. To get the possession of the property when the builder is not giving the possession to the buyer after RERA order. 

How To File UP RERA Order Execution Application?

Any person who has a UP RERA order in their favour and the other party is not executing the same can file an application for enforcement of such order with the UP RERA Authority.

In case the builder fails to enforce the order passed by the UP RERA Authority in favour of the home buyer, the home buyer can file an application for the execution of UP RERA order against the builder with the same UP RERA Authority.

The home buyer must send a legal notice to the builder for the execution of the RERA order before filing an application for UP RERA order execution. This notice can be used as proof when the builder fails to comply with the terms of the legal notice.

Penalty For Non-Execution Of UP RERA Order

Section 63 of the RERA Act lays down the provisions for non-compliance of RERA orders. It says that if any promoter, who fails to comply with or contravenes any of the orders or directions of the authority, shall be liable to penalty for every day during which such default continues, which may cumulatively extend up to 5% of the estimated cost of the real estate project, as determined by the authority.

Legistify can help you with the execution of your UP RERA order with any UP RERA Authority. Consult the best RERA Lawyers in India through Legistify by giving us a call at 846-883-3013 or an email at [email protected]


Top Legal Queries

Get answers from the best experts within minutes!

Most Consulted Advocates

Choose from our most consulted lawyers across India and get instant legal advice.

Top Consulted Advocates

Choose from our most consulted lawyers across India and get instant legal advice.


© Legistify Services Pvt. Ltd.

Home|About|Contact