V12- How to enforce RERA Recovery Certificate? High Court | Mandamus | Direction to Collector.

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So, if the promoter is not refunding the amount as ordered by the UP-RERA despite the passage of 45 days from the date of order of payment then an allottee should take the following steps:

File the Execution request with the UP RERA at their portal. You can get the link by clicking here.

The UP RERA will issue a notice to the builder to comply with the order within 30 days or else recovery orders shall be issued against it.

The Promoter must deposit/ pay the money within 30 days otherwise the UP-RERA will issue Recovery Certificate against the builder to be executed by the Collector where the property(ies) of the promoter is/ are situated.

On receiving such orders from the UP-RERA, the Collector issues the recovery citation and has the power to seize the bank accounts of the Promoter and further auction the properties of the builder by issuing a public notice.

The Collector has to follow the process of recovery of dues as arrears of land revenue as provided in the U.P. Revenue Code 2006 and U.P. Revenue Code Rules 2016.

In case the Collector is not exercising its powers and is delay dallying the process of recovery then the allottee has the remedy to approach the Hon’ble High Court for a writ of mandamus against the Collector praying for order within a limited period of time.


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