Last Updated on February 21, 2026 by Satish Mishra

HREAT: Promoter Must Disclose Bank Accounts & Assets for RERA Execution Haryana

In a significant ruling strengthening homebuyers’ rights, the Haryana Real Estate Appellate Tribunal has held that a promoter cannot evade payment of a RERA refund order by withholding asset details. The Tribunal directed that the promoter must file a sworn affidavit disclosing complete particulars of bank accounts and movable and immovable assets to facilitate execution proceedings.

The decision reinforces the enforceability of orders passed under the Real Estate (Regulation and Development) Act, 2016 (RERA).

In RERA Execution Haryana Assets Affidavit is being asked by Decree Holder-Complainant to the Authority/Adjudicating Officer (AO) hearing Execution so as to ask Builder-Promoter-Judgment Debtor to declare assets so as the decree-final order-judgment be kindly effected and the compliance of same is done.

Case Background-RERA Execution Haryana Assets Affidavit

The appeal (Appeal No. 58 of 2025) was filed by an allottee against TDI Infracorp (India) Ltd before HREAT.

Earlier, the Haryana RERA Authority had directed the promoter to refund ₹1,23,25,927/- within 90 days. However, despite repeated assurances, the promoter failed to comply with the refund order.

The allottee initiated execution proceedings (Execution No. 3041 of 2022) to recover the awarded amount. During execution, the allottee sought a direction for disclosure of the promoter’s bank accounts and assets to enable attachment.

However, the Adjudicating Officer declined the request and instead directed the allottee to provide verified details of the promoter’s assets—an almost impossible burden for a decree holder.

Also Read-ARREST SHOWCAUSE NOTICE PENALTY RERA EXECUTION

Key Legal Issue

Can a RERA Adjudicating Officer direct a defaulting promoter (judgment debtor) to disclose its bank accounts and assets during execution proceedings?

Tribunal’s Findings

The Bench comprising Justice Rajan Gupta (Chairman) and Dinesh Singh Chauhan (Member Technical) held that:

Section 40(1) of RERA provides that orders of the Authority shall be enforced “as if they were decrees of a civil court.”
Once a RERA order attains finality, execution must follow the procedure applicable to civil decrees.
Under Order XXI Rule 41(2) of the Code of Civil Procedure (CPC), the executing court has the power to require the judgment debtor to file an affidavit of assets and liabilities.

The Tribunal relied on the Delhi High Court decision in Delhi High Court in Bhandari Engineers & Builders Pvt. Ltd. v. Maharia Raj Joint Venture (2020 SCC OnLine Del 2706), which held that an executing authority is fully competent to direct disclosure of movable and immovable assets.

Also Read-Execution Case Haryana RERA Panchkula Authority Against Omaxe

Why the Adjudicating Officer Was Wrong

The Tribunal observed that:

Refusal to direct disclosure amounted to failure to exercise jurisdiction.
Burdening the decree holder to trace bank accounts of the judgment debtor defeats the purpose of execution.
Asset disclosure is essential for meaningful enforcement of RERA orders.

The Tribunal emphasized that disclosure of financial particulars is indispensable to achieve the object of the RERA Act—protection of homebuyers.

Final Order

The Tribunal:

Allowed the appeal
Set aside the impugned order dated 18.11.2024
Directed that the promoter must file a duly sworn affidavit disclosing complete details of:
- Bank accounts
- Movable assets
- Immovable properties

The Adjudicating Officer was directed to proceed with recovery in accordance with law thereafter.

RERA Execution Haryana Assets Affidavit in execution is a sworn document filed by a judgment debtor (as per Order XXI Rule 41 of the CPC) detailing their income, liabilities, and assets—such as property, bank accounts, and investments—to enable the court to execute a decree. This mandatory, detailed disclosure prevents evasion of payment and assists in enforcing court orders.

Legal Significance of the Judgment

This ruling has major implications for RERA execution cases:

1. RERA Orders = Civil Court Decrees

Once final, they must be enforced using CPC execution principles.

2. Promoters Cannot Hide Assets

Tribunals can compel asset disclosure through sworn affidavits.

3. Execution Must Be Effective

Authorities cannot shift investigative burden onto homebuyers.

4. Strengthening Homebuyer Protection

The ruling reinforces that refund orders under RERA are not symbolic—they are legally enforceable.

Practical Takeaways for Homebuyers

If a builder fails to comply with a RERA refund order:

File execution proceedings under Section 40 of RERA.
Seek asset disclosure under principles of Order XXI Rule 41 CPC.
Request attachment of bank accounts and properties.
Challenge any refusal to compel disclosure before the Appellate Tribunal.

Conclusion

The Haryana Real Estate Appellate Tribunal has sent a clear message: Promoters cannot frustrate RERA orders by concealing financial details. Asset disclosure is not optional—it is a necessary step in ensuring real and effective recovery.

This judgment significantly strengthens the enforcement mechanism under RERA and provides practical relief to homebuyers pursuing delayed refund claims.

Post Written by – Research Team of LegalSeva (LawFirm) of Satish Mishra Advocate. Responses from Google’s AI Overview included in Post.

Disclaimer: This is for informational purposes only. Consult a qualified lawyer for advice specific to your case.

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