Скачать или смотреть Recovery Certificate under RERA | RERA Act | Execution | Homebuyer | Refund of money from Promoter

As per the statistics released at the 125th meeting of UPRERA, held in Lucknow, across the state of Uttar Pradesh, Rera has issued nearly 8,800 Recovery Certificates (RCs), collectively valued at around Rs 2,400 crore, since 2018. Of this, RCs worth approximately Rs 1,200 crore have been resolved. Similarly A report from the District Revenue Officer (DRO) revealed that the Haryana Real Estate Regulatory Authority (HRERA) Gurugram issued 240 recovery certificates against several defaulter builders, but only one had been realised so far.

What’s a Recovery Certificate?

A recovery certificate is issued by any state RERA Authority under Section 40(1) of the Real Estate (Regulation and Development) Act, 2016.  As per the the aforementioned section, if a promoter or allottee or real estate agent fails to pay any interest or penalty or compensation imposed on him by the adjudicating officer or by the RERA Authority or by the Appellate Tribunal under RERA Act or Rules and Regulations made thereunder, then such amount shall be recoverable from the defaulting promoter, allottee or real estate agent as arrears of land revenue. 

While the issuance of RCs falls under Rera's purview, their realization of money as arrears of land revenue is the responsibility of district administrations (collector) as per the revenue act/code as applicable in the state.

In order to collect money from the defaulting promoter the Collector sends the RC to the concerned Tahsildar under whose jurisdiction the concerned promoter has it corporate office or any other property.  It is the duty of the Tahsildar to issue a ‘writ of demand’ against the defaulter calling upon him to appear or to pay the amount within a time specified by the Tahsildar after the issuance of the writ of demand and if the defaulting promoter pays the amount further proceedings are not initiated.  However, if the defaulter does not pay the demand of money as mentioned in the writ of demand then the Revenue officials may recover such amount by way of following process, namely:

by arrest and detention of the defaulter;
by attachment and sale of movable property including agricultural produce;
by attachment of any bank account or locker of the defaulter;
by attachment of the land in respect of which the arrear is due;
by lease or sale of the land in respect of which arrear is due;
by attachment and sale of other immovable property of the defaulter;
by appointing a receiver of any property movable or immovable, of the defaulter.

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