• Seeking Legal Advice to Expedite Karnataka RERA Court Order Execution with bank loan DRT case

I received a RERA court order in February 2020, directing the builder to refund my investment with interest as no one got the flats (invested property in Whitefield, Bangalore) , but there has been no progress in executing this order. My lawyer has been unresponsive to my inquiries and those of other applicants who filed RERA cases through him. Additionally, I've learned that the bank has initiated a case in DRT Bangalore for home loan recovery and also included the builder name due to their failure to deliver the flats. As per previous lawyer guidance I'm not paying EMIs to bank as he said in order it's written the amount is to be recovered from builder. 

Given these circumstances, what legal actions can I take to expedite the execution of the RERA court order and recover my investment, considering the involvement of the bank and the apparent inaction of my current lawyer? Also, I'm out of Bangalore.
Asked 2 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

9 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."

3) you can change your lawyer 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

A builder is given 45 days to execute a Rera order and comply with its direction. But in many cases the orders are not complied by the developer. In such cases, buyers can again approach the Rera authority for execution. As per section 40, the Rera authority has powers to get their orders executed.

Clause 1 of this section lays down, "If a promoter or an allottee or a real estate agent fails to pay any interest or penalty or compensation imposed on him, it shall be recoverable from such promoter or allottee or real estate agent, in such a manner as may be prescribed as arrears of land revenue."

Clause (2) lays down that, "If any adjudicating officer or the regulatory authority or the appellate tribunal issues any order, then in case of failure by any person to comply with such order or direction, the same shall be enforced."

Section 63 of Rera lays down stringent provisions for non-compliance of orders. It says, "If any promoter, who fails to comply with or contravenes any of the orders or directions of the authority, shall be liable to penalty for every day during which such default continues, which may cumulatively extend up to five percent of the estimated cost of the real estate project, as determined by the authority."

Failing to comply with the order of the Rera Appellate Tribunal is a punishable offence which can lead to imprisonment up to three years or fine which may extend up to ten percent of the cost of the real estate project, as per section 64 of the Rera Act.

Buyers can approach Rera authorities for getting their orders implemented in case of failure by the developer. There are provisions in the law to punish whoever fails to comply with the Rera authority orders.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

- Since, the RERA has passed order in your favor for getting the said amount , hence if the builder not paying the amount even after the said order , then you can file an Execution petition in the same court 

- The court will first pass an attachment order through SDM , and further arrest warrant against him. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Client,

In February 2020, you obtained an RERA court order instructing the builder to reimburse your investment; however, the order has not yet been carried out. The bank has filed a case for the recovery of your home loan in DRT Bangalore because your present attorney is not returning calls. According to your lawyer's advice, you are not making EMI payments. You may think about getting in touch with the RERA authority, hiring a new attorney, bringing up contempt charges against the builder, working with the bank, and looking into legal action against your current attorney in order to hasten the implementation of the RERA order and retrieve your investment. It is imperative that you consult a qualified legal expert regarding your particular circumstances.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

It should not take more than a month 

 

2) it should not take more than a year 

 

3) engage a lawyer and file your reply opposing tenets claimed by bank 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1.The applicant can receive the certified copy from RERA office after 03 days of application  If you would like to receive the same by post, then the Certified copy will be dispatched on the address of the applicant within 07 working days.

2. A builder is given 45 days to execute a Rera order and comply with its direction. But in many cases the orders are not complied by the developer. In such cases, buyers can again approach the Rera authority for execution.  RERA may dispose the execution petition within a year also.

3. It depends on the lawyer engaged for this purpose, you can enquire it from the chosen lawyer.

4. You pursue the matter through your lawyer as per procedures of law in this regard.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

the exact time can’t be framed but approximately for only order it may take a year. Fees varies as per lawyer standing 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. Being a party in the said case , you have your right to get certified copy of the said order of RERA . You can directly apply before the said RERA court for getting certified copy within a maximum period of 7 days.

2. Depend upon the burden of the court

3. Lawyer fees depend upon the person to whom you will engage , and for certified copy a minimum fees of Rs.5 to 10 may be charged 

4. You can personally visit that DRT court for knowing the same with the title of the case 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Client,

For information on the precise deadline for obtaining a certified order from the RERA Karnataka court, speak with your attorney.

Find out from your attorney how long it should take to obtain an execution order.

Talk to your legal counsel about the estimated costs (attorney + court fees) associated with getting certified and execution orders.

Consult your attorney for advice on any actions required in the bank DRT case, making sure to include all pertinent information to ensure proper advise.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer