Practice area
Recovery and enforcement of RERA orders
Taking a RERA order from paper to payment, including recovery as arrears of land revenue and approaching the High Court when enforcement stalls.
A favourable order does not always mean the money arrives. Under Section 40(1) of the RERA Act, amounts due under an order can be recovered as arrears of land revenue. In practice, recovery needs follow-up with the revenue authorities, and delays are common.
What this work involves
- Preparing recovery applications and certificates for the revenue authorities
- Following up with the Deputy Commissioner's office and the concerned Tahsildar
- Tracing the promoter's attachable assets
- Evaluating execution before the Authority and the options available when it is delayed
- Where enforcement does not move, considering a writ petition before the High Court of Karnataka to compel action
Enforcement planning should begin before the final hearing. The relief granted, and how the order describes the amount payable, affects how smoothly it can be recovered later.
Related reading
Appealing a K-RERA order before the Karnataka REAT: time limit and the 30% deposit
How appeals to the Karnataka Real Estate Appellate Tribunal work, including the 60-day limit and the pre-deposit promoters must make.
K-RERA procedureHow to file a K-RERA complaint: a step-by-step guide for homebuyers
A practical walkthrough of filing a complaint before the Karnataka Real Estate Regulatory Authority, from documents to hearing to recovery.
Delayed possessionRefund or possession? Your rights under Section 18 of RERA when a builder delays
What Section 18 of the RERA Act gives an allottee when possession is delayed, and how the refund and interest options differ.