Execution of Order passed by UP RERA Authority

Execution of Order

If the developer or promoter or agent failed to fulfill the order passed by the UP RERA authority or adjudicating officer passed within time period as specified in the order, the allottee shall have to apply to the RERA Authority for execution of order along with the necessary documents as required.

In order to protect the interest of innocent home buyers and speedy execution of order, the Govt. of Uttar Pradesh notified the Standard Operating Procedure (SOP) dated 02nd September, 2020 for execution of Order passed by the UP RERA Authority or Adjudication Officer.

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Standing Operating Procedure- if order is for Refund

Step-1

Application to RERA Authority

After expiring the time period as mention in the order passed by RERA Authority, the allotee shall immediately file an application for execution order on the UP RERA Portal along with following documents;

  • 1- Bank Details- Copy of Cancelled Cheque
  • 2- Working Sheet reflecting date of payment and amount along with copy of Payment receipt

Step-2

Issue of notice by the RERA Authority- U/s 40 read with Rule 23

After verify the application for execution of order and being satisfied with the same, the authority will issue a notice to the promoter or builder or agent ordering to follow the order within 15 days from the days of notice otherwise the authority will issue recovery certificate in favour of District Magistrate for recovery of money.

Step-3

Issue of Recovery Certificate

If the builder doesn’t fulfill the order, the authority will ask to Deputy Secretary to issue recovery certificate in favour of District Magistrate.

The Deputy Secretary will issue recovery certificate in favour of District Magistrate with the help of chartered accountant for calculation of principle and interest amount.

Standing Operating Procedure- if order is for possession of property or other except refund

Step-1

Application to RERA Authority

After expiring the time period as mention in the order passed by RERA Authority, the allotee shall immediately file an application for execution order on the UP RERA Portal along with following documents;

  • 1- Bank Details- Copy of Cancelled Cheque
  • 2- Working Sheet reflecting date of payment and amount along with copy of Payment receipt

Step-2

Issue of notice by the RERA Authority- U/s 40, 63 read with Rule 24

After verify the application for execution of order and being satisfied with the same, the authority will issue a notice to the promoter or builder or agent ordering to follow the order within 15 days from the days of notice otherwise the authority impose penalty upto 05 percentage of the cost of the project as empowered under Section 63 of the RERA Act, 2016

Step-3

Action to be taken by RERA Authority for speedy disposal of the Case

If the builder doesn’t fulfill the order, the authority may take following actions for speedy disposal of the case.

  • Conduct Section-63 Hearing- The authority may call the promoter through conducting hearing in reference to reasons for non compliance to the order and also ask the reasons for non imposing penalty u/s 63 of RERA Act, 2016 and such hearing shall be conducted in the presence of the allotee.
  • Increase the time period for hand over the possession- if the promoter fails to handover the possession on account of not having occupancy certificate or completion in spite of applied for the same, the authority may grant additional justified to fulfill the order
  • Dispute b/w the Builder or Allottee- if dispute is raised by virtue of account settlement, the authority may refer the case before conciliation department to settle accounts issue.
  • Conditional Order- The possession order shall be converted in refund order if the builder failed to handover the possession within the time period as specified in the order.