If the RERA's order has aggrieved you, you may prefer an appeal before Appellate tribunal of RERA seeking desired relief.
After that you can approach high court of necessary with a writ petition.
Challenging the RERA order which specifies buyer to take possession without Occupation Certificate
Builder has not delivered flat for more than 10 years. There was RERA order directing builder to provide possession with penalty amount. Execution of order was filed with RERA. But judge didn’t issue recovery certificate, and asked buyer (me) to take possession, even though builder is yet to obtain occupancy certificate. I am looking for interim relief in terms of the penalties and later the possession to be taken when OC is obtained by the builder. Please explain in detail that which option is the best: - 1. Filing case in High Court to challenge RERA order and request for interim relief. 2. Challenge order issued by the RERA in the appellate tribunal 3. File miscellaneous request in RERA to correct clerical mistake. Judge should direct the builder to obtain occupancy certificate first and then buyer should take possession.
Asked 3 years ago in Property Law
Religion: Hindu
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14 Answers
Yes you can challenge it in appeal
And later in writ petition in HC
You have to file appeal in RERA appellate tribunal against impugned order
2) HC would not intervene as you have alternative remedy
3) it is not clerical mistake in order .hence miscellaneous application would not serve the purpose
- If the order made by the Authority or by an adjudicating officer, you have right to prefer appeal to Appellate Tribunal under Section 43 (5) of the
- If the order is made by Appellate Tribunal, an appeal lies to High Court under Section 58 (1).
- Appeal is to be filed within sixty days of communication of order.
1. stage for filing a case in the HC has not yet arisen
2. yes you have to approach the Appellate tribunal
3. it is not a clerical mistake. the Judge ought to have directed the builder to handover possession with OC. Accepting possession without OC is illegal. Till the time the OC is received the builder should be made liable to pay interest on the amounts so far paid to the builder. to that extent you will have to file an interim application in your complaint for modification of the RERA order
As you have already moved the RERA authority, it is better to approach it again for an order directing the builder to obtain the OC first and deliver possession.
If no favourable order is passed, appeal to the Appellate Tribunal.
Approach the court after exhausting these steps.
Dear Client,
Option 3 would be most desirable since it is RERA who has made the order. If your problem is not resolved even after that, then you can can go with option 2.
1. Yes, you can challenge the said order of the RERA before the High Court within 60 days from the date of passing that order or it can be more under specific circumstances.
2. If that order is not from the appellate authority , then you can can approach the RERA appellate authority before going to High Court.
3. You can move an application for the same .
1. Is there any disadvantage if a petition gets filed in high court? As, it seems my lawyer already filed it. 2. If petition is already filed then whether we can take it to appellate tribunal for appeal side by side / simultaneously or need to wait for high court decision.
Asked 3 years ago
You cannot approach appellate tribunal and HC simultaneously
2) HC may direct you to approach appellate tribunal for necessary reliefs
First inquire with your lawyer under which provision of law did he file the proceedings in HC
Appeal before appellate tribunal and petition in HC for same reliefs cannot be pursued simultaneously
Why are you confirming whatever your lawyer does by asking questions here ?
If you do not have confidence in him then discharge him
If you entrust your matter to someone then you should depose trust in that person
Here it looks there is a trust deficit
So ideally you should discharge your lawyer and engage another one
1. Please be guided by your lawyer's advice.
2. You need to await HC's decision.
1. It is not known as to what petition has been filled before high court, you may revert with details.
2. If he has directly approached high court without exhausting the remedies before appellate tribunal then you may have to wait for the disposal by high court.
If the high court allows the petition to be heard then you cannot file the appeal at the same time in the appellate tribunal because the mater would be sub-judice
HC may say go to appellate authority first and try the alternative remedy