Maha RERA Authority has been one of the most active and vigilant RERA authorities in India. The state authority has resolved thousands of RERA Complaints filed by the aggrieved buyers, and passed orders in homebuyers’ favour for claiming a refund or delayed possession matters. However, the actual enforcement of the MahaRERA order has been slow and homebuyers have suffered from numerous issues in getting the builder to actually execute the RER order. This guide solves the questions posed by homebuyers about MahaRERA order execution and lays down the process for enforcement of RERA order in Maharashtra.
Maha RERA Execution Of Order
If the Maha RERA authority has declared order in the homebuyer’s favour and granted the sought out relief such as refund, interest on delayed possession of flat, or cancellation of booking, an application for execution of RERA order can be filed by the buyer if the builder is not enforcing the RERA authority’s order.
An application for execution of MahaRERA order can be filed under Section 40 of the RERA Act that lays down the process for recovery of interest or penalty or compensation and enforcement of orders, etc.
Section 40 of the RERA Act states that:
- 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 arrears of land revenue.
- 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.”
Timeline To File Execution Of Maha RERA Order Application
The application of MahaRERA order execution must only be filed in the following cases:
- When the builder buyer agreement or sale deed is not getting executed by the builder.
- When the buyer has received an order for property possession, delay interest or compensation and the builder is not doing the same.
- When the buyer has received a RERA order for a refund and the buyer is not providing the same.
- The Maha RERA authority has clarified that the application for RERA order execution can be filed even during the 60-days period given to the builder to file an appeal against such order.
Process Of MahaRERA Order Execution
Any person who has a MahaRERA order in their favour and the other party is not executing the same can file an application for enforcement of such order with the MahaRERA Authority.
In case the builder fails to enforce the order passed by the MahaRERA Authority in favour of the home buyer, the home buyer can file an application for the execution of MahaRERA order against the builder with the same MahaRERA Authority.
A legal notice to the builder must be sent before the application for the execution of the RERA order is filed. 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 MahaRERA 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 a 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.
