• After Execution order from RERA nothing works out

Sir, I had booked a flat with Enkay Garden in Taloja, New Mumbai in Jan 2013. As per Agreement they have to handover the property in 2015. But only 40% works completed, whereas 95% amount of total cost of the flat paid. 

I had filed a complaint with RERA last year and got a decision in my favor on 22 May 2018 . The court directed the builder to pay the compensation amount till possession for the amount deposited with builder. As Builder didnt abide the order and has refused to pay the compensation amount, I initiated an order execution request at RERA. 

The RERA Court, issued recovery Warrant on 09 Oct 2018, to Collector, Raigad. Subsequently, The collector Raigad passed the order to Tahsildar, Panvel for recovery the said amount as per RERA directives on 26 Nov 2018. 

Not only the builder, Now Collector and Tahsildar too not even abiding by court orders. I have been frustrated and facing sever mental agony, as im serving in defence and its my only earnings, as i'm forced to pay 16,000 per month as EMI, without the property. 

I'm desperately in need of a help as i fought this legal battle, till, Recovery Warrant alone, without a lawyer. Now, im stranded in the midst of turbulent sea. 

I dont know what further action i need to take on Collector or Tahsildar or builder.... for not abiding the court order. 

Please, help me.
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

In case of failure by the promoter in complying with the order, an aggrieved home buyer can approach Rera under Section 63 of the Act, which provides for penalty in case of failure to comply with the orders or directions of Rera

2)In case a developer does not honour the Rera order, it. Is forwarded   to the concerned district magistrate to recover the dues. The district magistrate recovers the money as arrears of land revenue. Money so recovered is deposited in Rera account and from there it is transferred to the beneficiaries of the Rera order."

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

The Collector has meager role to play.

He will direct the Tahsildar  for initiating proper legal action as per law in this regard.

If the Tahsildar is reluctant or lethargic then you can give a representation to the collector about it, if there is no action by the collector in this regard then you can file a writ petition before high court seeking direction against all those who are responsible to execute this order.

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

If it's not executed do the same from nclt. It's the duty of the court to get the organisation

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

If the authority has passed an order in your favour granting you the desired relief, and the builder is not complying with the same then you have to file an application for enforcement of order u/s 40 of the Act, which deals with Recovery of interest or penalty or compensation and enforcement of orders, etc.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

File a Writ Petition in high court and seek issuance of writ of mandamus against the collector and tahsildar

Make the builder as party respondent

The petition will be listed before a division bench

You have to get it listed on board out of turn by mentioning to the court about the urgency that you continue to bear the EMI without the property till today being handed to you and even the compensation awarded to you is not in nearest sight due to inaction of Collector and Tahsildar

If you do not mention and take steps to bring the petition on board out of turn then it will be assigned a date as per computer software and that date will not come so soon

I suggest you file a notice of motion (an interim application) in the petition for urgent reliefs

Yusuf Rampurawala
Advocate, Mumbai
7509 Answers
79 Consultations

5.0 on 5.0

You don’t need to add collector as respondent 

 

builder would be the respondent 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

Yes, the collector also can be impleaded as necessary party in the writ petition seeking relief 

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

1.  BEFORE doing anything else, File written application to Tahsil office, to commence execution  of Recovery Warrant.

2. AFTER 45 days, implead the Tahsildar in your plaint as a necessary party for directions to execute the recovery warrant in a time bound manner.  Govt. Offices are chronically apathetic & lethargic and hardly any work is done on time.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

File a Writ Petition in the High Court. HC will direct the tehsildar to comply the orders. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

File contempt against collector, tehsildaar and builder. This is the time for intervention of HC. 

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

Only builder will do

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Sir,

You should file a Writ Petition before the Bombay High Court making builder, tehsildar and collector a party to it and asking for necessary reliefs. Since the RERA has ordered in your favour and despite you initiating an execution against the builder, the builder is under all obligations to pay the compensation to you since hes the defaulting party.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

You should again make application in execution petition with RERA that they should order attachment of property or salary of tehsildar because he is not executing recovery warrants of court intentionaly.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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