Shivani Thakur
Published on: June 17, 2022 at 16:58 IST
The Uttar Pradesh Real Estate Regulatory Authority (UP RERA) has resolved to enforce its orders using the provisions of the Civil Procedure Code (CPC) and delegate authority to adjudicating officers for effective execution.
In the 94th meeting of the authority, a more effective policy for implementation of orders passed by RERA on complaints of allottees was laid down.
Section-40(1) of RERA Act and Rule-23 of UP RERA provides provisions for recovery of the amount due from the promoter to the allottees like arrears of land revenue.
The amount received by allottees under the directives of UP RERA is recovered through the respective District Magistrates, such as arrears of land revenue, and so far in 1790 cases, Rs 282 crore has been recovered and sent to the complainant/allottees’ accounts.
Against 5586 applications received for implementation of orders, almost 3000 orders have been implemented by RERA so far, which is about 54 percent against requests received for order implementation.
In the event that the promoter does not comply with the ruling notwithstanding RERA’s notice, RERA is required to file a compliance report within 15 days by issuing a notice to the promoter and the concerned Bench.
“The decision was taken to make the system of implementation of such orders more robust and effective. Action will be taken by RERA in such cases under the powers vested in Order 21 of CPC (Civil Procedure Code). To implement the orders of the possession and registry by RERA, suitable actions will be taken to get the property in question attached, appointment of receiver and get the registry executed through receiver and handover of possession,” the authority said.
For non-compliance of the orders of RERA, higher penalty will be imposed against those promoters who, despite the completion of projects, are evasive in providing possession to the allottees.