Last Updated on February 24, 2019 by Legalseva.net
Now that you filed your complaint online in RERA Panchkula, what comes next?
Reasonably, you should wait for 60 days from the date your order is once uploaded on the website.
Since the act stipulates 60 days period for either of the parties to prefer appeal before the Haryana Appellate Real Estate Regulatory Authority (RERA) of Panchkula & Gurugram Benches, this wait is justifiable as per RERA Act.
You can check judgments of Haryana RERA Panchkula Auhtority here.
Also Read- Completion Certificate and Panchkula RERA (HRERA)
Meanwhile, what you can do is, send the respondent a copy of the order by post for the compliance so that your intimation about the order can be recorded.
Keep the postal receipts handy with you.
Now that the RERA Panchkula Authority has come up with the format for execution of RERA orders which the complainant can access it here.
What is required from complainant side is following:
1. Register yourself first on the website of RERA Panchkula for the execution of RERA Authority orders.
2. If the order was of HRERA Authority, then go to Registration of complaint with HRERA Authority.
3. If the order was of Adjudicating officer, then go to Registration of complaint with the Adjudicating officer.
4. Now that you registered your complaint online, you would have got a complaint number for reference which is Proforma B. The rules and regulations for filing execution is same as that of Haryana Real Estate Regulatory Authority, Panchkula (Adjudication of Complaints) Regulations, 2018.
5. Yes, you have to again pay the fee of Rs. 1000/- as DD amount for execution proceedings before the authority. The DD has to be made in the favour of Haryana Real Estate Regulatory Authority Panchkula payable at Panchkula/Chandigarh bank branch.
6. The complainant has to file execution application in triplicate (3 sets) and deposit the same with Authority. One set for respondent respectively.
Also Read- 10 Things You Should Know About RERA Panchkula
7. The RERA Panchkula Authority has come up with proforma for execution of orders of the Authority/Adjudicating Officer is placed at ‘Appendix-I’ which includes certain other details for your to furnish.
8. You need to share how much money is to be recovered, whether partial complied or not, calculation sheet with interest accrued, details of properties required to be attached as per law, details of bank accounts, whether any proceedings pending before the court in regards to property or bank accounts being freezed by bank. You can also claim the expenses for initiating execution proceedings against the respondents and finally affix your signatures on it.
9 Last would be engaging an expert/top/best RERA Panchkula lawyer for execution of Authority’s order which will benefit you in long run since the RERA Lawyers of Tricity will advise you to unearth details of properties and assets of respondents.
After execution application, Haryana RERA Panchkula Authority can pass following orders as per RERA Rules 2017:
Also Read- HOW TO FILE COMPLAINT IN PANCHKULA-RERA
I. Execution of the orders of the Authority and imposition of penalties:
(i) monetary penalties –details of recovery of penalty imposed, details of penalty imposed but not recovered, total number of matters and total amount of monetary penalty levied,
(ii) matters referred to court under section 59 – total number of matters referred to the court during the year, total number of matters disposed of by the court during the year, total number of matters pending with the court at the end of the year;
(iii) matters referred to court for execution of order under section 40 – total number of matters referred to the court during the year, total number of matters disposed of by the court during the year, total number of matters pending with the court at the end of the year.
J. Execution of the orders of the adjudicating officer and imposition of interest and compensation:
(i) interest and compensations – details of interest and compensation imposed, details of interest and compensation imposed but not paid, total number of matters and total amount of interest and compensations imposed and (ii) matters referred to court for execution of order under section 40 – total number of matters referred to the court during the year, total number of matters disposed of by the court during the year, total number of matters pending with the court at the end of the year.
Also Read- RERA-PANCHKULA STRIKES AGAIN
Let us have Sec 40 of the RERA Act first:
40. (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 regualtions 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 such order or direction, the same shall be enforced, in such manner as may be prescribed.
Also Read-FAQS RERA PUNJAB HARYANA PANCHKULA
But if the party has preferred an appeal against the RERA Panchkula Judgment, then you must engage on of the top/best/expert lawyer of Haryana RERA Panchkula Authority for defending your case.
Then there is no point in filing the execution case. One must seek expert legal advice/opinion when it comes to real estate matters or rera panchkula matters.
For more updates related to RERA Panchkula Authority, stay tuned to LegalSeva.
Also Read- HOW TO FILE COMPLAINT IN PANCHKULA-RERA
Dial 99888-17966 for subject info. This post is written by Advocate Satish Mishra practicing in Haryana Panchkula RERA Authority.
