Non Enforcement Of RERA Order By Builder

I have filed a complaint in HRERA against SARE HOMES for failing to deliver flat since March 2016. HRERA has sent 3 reminders to the builder in the last one month. The builder is neither responding nor even acknowledging the receipt of the letter. Th... Read More

I have filed a complaint in HRERA against SARE HOMES for failing to deliver flat since March 2016. HRERA has sent 3 reminders to the builder in the last one month. The builder is neither responding nor even acknowledging the receipt of the letter. The site work is completely halted for 3 years. The builder has taken 80% of the payment for carrying out 40% work. What further action shall be taken against an absconding builder?
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Answers (2)

Advocate Kishan (Retd. Judge) | Legistify

Advocate Kishan (Retd. Judge)

  • Malleswaram, Bengaluru
  • Bengaluru

Dear Sir, If the builder is not responding, then ask the RERA to pass an ex-parte order in your favour and then execute the same against the properties of absconding builder. 

Answered on 28 Feb 2019


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Advocate Vabhav | Legistify

Advocate Vabhav

  • Gautam Budh Nagar, Noida
  • Noida

With respect to your query, the legal opinion is as under:-

(1) RERA Tribunal is duty bound to serve notice upon builder and ex-parte order can be passed only when inspite of service of notice, builder does not file reply or does not appear. However sending a notice for hearing and its proper service on builder is mandatory.

(2) After service of notice on builder, the order in your favor is expected to be passed if your claim is well proved.

(3) The decree of RERA Tribunal is executed like a Civil Court decree and for its enforcement you shall have to move before Appellate Tribunal Lucknow. The Appellate Tribunal has been empowered under RERA to execute the order of RERA Tribunal like a Civil Court decree. The Appellate Tribunal has power to sell out the properties of builder to recover the amount due to you.

(4) There is no other way to get the order and decree to be executed. No other short cut is available.

Answered on 03 Mar 2019


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