Execution Of RERA Order

The Real Estate (Regulation and Development) Act, 2016 empowers the homebuyers to take a legal action against a real estate developer or builder for violating the provisions the real estate laws and rules. This includes causing a delay in property possession, failure in registering the property as per the law, using poor quality of raw material, not providing the OC, etc.

When a complaint is filed and the order has been passed by the RERA Authority in favour of the homebuyer, it is often noticed that the builder fails to execute the order of the Authority. Homebuyers are left with an order in their favour with no actual action. In such case, the homebuyer has the option to file an application for execution of the RERA order.

Get Your RERA Order Executed
At INR 15000

What You'll Get In The Package

Inclusion

  • 20 Minutes telephonic consultation with the lawyer.
  • Drafting of execution application.
  • Filing and representation of execution application.

Exclusion

  • Drafting and filing of RERA complaint.
  • Representation of RERA complaint
  • Any other documentation work.

Documents Required For Execution Of RERA Order

  • Copy of RERA order.
  • Any other legal document required for enforcement of order.

Procedure Of Execution Of RERA Order

After your consultation, the RERA advocate will go through your RERA order. The lawyer will draft and file the execution order wih the RERA Authority. The lawyer will then appear before the RERA Authority on the assigned dates of hearing till. The lawyer will represent your execution application on the hearing dates, prepare arguments, present evidence and examine and cross-examine the witnesses. 

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FAQs

Can I get compensation for delay in possession?
Yes, a complaint can be filed with the RERA Authority in case your builder causes a delay in delivering your flat possession.
When to file an execution application?
You can file an execution application when the builder fails to comply with the order of RERA Authority.
Who can file an application for execution of RERA order?
Any person in whose favour the RERA order is passed can apply for enforcement of RERA order.
Which authority to approach for enforcement of order?
The same authority who passed the order must be approached for enforcement of the RERA order.
What is the penalty for non-compliance with RERA order?
Section 63 of the RERA Act, 2016 states that if any promoter fails to comply with, or contravenes any of the orders or directions of the Authority, he shall be liable to a penalty for every day during which such default continues, which may cumulatively extend up to five per cent., of the estimated cost of the real estate project as determined by the Authority.
Can I appeal against the RERA order?
Yes, you can file an appeal against the RERA Authority's order by filing an appeal with the RERA Appellate Tribunal.
Do I need to send a notice to builder for execution?
You can send a legal notice to the builder for execution of RERA order after the time period given by the Authority has passed. A legal notice will definitely strengthen your claim.
Who can file an appeal against the RERA order?
Any person affected by the RERA order has the right to file an appeal with the RERA Appellate Tribunal.