RIGHTS OF ALLOTTEE AFTER THE DECREE BY RERA

 

For informative and educative purposes only

 

Order XXI Rule 30 of the CPC lays down the mode of execution of a money decree. According to this provision, a money decree may be executed by the detention of judgment-debtor in civil prison, or by the attachment or sale of his property, or by both.

 

Section 40 "Recovery of interest or penalty or compensation and enforcement of order, etc" - The Real Estate (Regulation and Development Act, 2016)

(1) If a promoter or an allottee or a real estate agent, as the case may be, fails to pay any interest or penalty or compensation imposed on him, by the adjudicating officer or the Regulatory Authority or the Appellate Authority, as the case may be, under this Act or the rules and regulations made thereunder, it shall be recoverable from such promoter or allottee or real estate agent, in such manner as may be prescribed as an arrears of land revenue.

(2) If any adjudicating officer or the Regulatory Authority or the Appellate Tribunal, as the case may be, issues any order or directs any person to do any act, or refrain from doing any act, which it is empowered to do under this Act or the rules or regulations made thereunder, then in case of failure by any person to comply with the same shall be enforced, in such manner as may be prescribed.

 

Section 40 of the ‘Real Estate (Regulation and Development) Act, 2016’ lays down the mode of execution by providing that the RERA may order to recover the amount due under the Recovery Certificate by the concerned Authority as an arrear of land revenue.  Hence the request to RERA has to be to kindly conduct the recovery proceedings against the Corporate Debtor which should then get culminated in issuance of Recovery Certificate and passing of order under Section 40 of the ‘Real Estate (Regulation and Development) Act, 2016’ directing the concerned Authority to recover decretal amount of from the Corporate Debtor as an arrear of land revenue.

 

Advocate Kuldeep Kumar Kohli

V 3/11 DLF PHASE III

GURUGRAM

0124 4014318

0124 4990107

08860332404

KULDEEPKOHLI@KOHLILEGAL.COM

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