builder not refunding money builder not refunding money

6 months ago

i filed case against builder in UPRERA .they passed order in favour of me and told DM gautambudhnagar to collect money as government money.Neither DM or any official system is working towards it.What should i do now?

Legal Counsel Vidhikarya

Responded 6 months ago

View All Answers
A.Dear Client,
In the prevailing situation, you can prefer an appeal u/s.44 of the Real Estate (Regulation & Development) Act, 2016 within 60 days of receipt of the said order before the Appellate Tribunal formed under the Act attaching therewith a copy of the Order passed by the Adjudication officer praying for the execution of the Order and informing the Appellate Tribunal regarding the non-implementation or non-execution of the order by the concerned executing authority. As per Sec.57. (1) of the Act, every order made by the Appellate Tribunal under this Act shall be executable as a decree of a civil court, and for this purpose, the Appellate Tribunal shall have all the powers of a civil court. (2) Notwithstanding anything contained in sub-section (1), the Appellate Tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by the court. Reach out to an Advocate handling real estate matters for guidance and steps.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 6 months ago

View All Answers
A.Dear
File an Execution Application: If the DM is not taking action to enforce the UPRERA order, you can file an execution application in the appropriate court. This application seeks to enforce the order and recover the money owed to you as per the UPRERA order.

Regards
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconComplaint on Apartment Maintenance issue
Dear Client, Per sq, ft method is extensively used for the calculation of the maintenance charges for the societies/RWA across the country. This system of calculation is used when the sizes of apartm...
question iconQuestion on Buying 10 years old flat with registration on hold
Dear Client , you can not rent / lease or sell your property until you have received complete possession of the property. you have to complete registration process for the same before getting into re...
question iconREGISTRATION OF Apartment owners association under companies act
Dear sir, It is ordinarily registered under specific act which might have been enacted by your state government otherwise consult the sub registrar office.
question iconI am being asked to pay more than my neighbour for Open Car Parking
Dear Client, Firstly, document all your interactions with the builder, including dates, times, and any communication (emails, letters, etc.). This documentation will be crucial if you need to escala...
question iconExtra amount for completion of project
Dear Client, Please consult an accountant for the how to include new additional income and if the can be given the rights of a builder. additionally with the consent of the new person they can be a...