UPRERA Order Execution- Builders are creating nuisance even after the implementation of the RERA Act, 2016.
One of the easiest ways is to not follow the order/ judgement of the Real Estate Regulatory Authority.
Recently, a pilestock of builders have started to follow the practice of non-compliance of order in Uttar Pradesh. The numbers are going up and the buyers are in a state of crisis.
This practice is not new and these builders are only exploiting the timeline loopholes existing in the RERA Act and the UPRERA Rules 2016.
The prescribed timeline to follow the UPRERA order is 45 days. If the promoter or builder does not follow it, the homebuyer can make a request in UPRERA to force the builder for order compliance.
It’s free, online and hassle-free!
Below are the steps for making a request for UPRERA Order Execution.
Table of Contents
Request for UPRERA Order Execution- 7 Easy Steps
The below procedure is online under Section 40 of the RERA ACT and can take up to 3 months for issuance of Recovery Certificates forcing the builder to follow the order of UPRERA.
Step 1- Visit the UPRERA Website.
Step 2- In the REQUEST Section, click on ‘REQUEST FOR ORDER EXECUTION.’
Step 3- Enter the Complaint Number and the Captcha and click on the SHOW button.
Step 4- You will receive an OTP on your UPRERA registered mobile number. Enter it and click on the SHOW button.
Step 5- Enter your bank credentials correctly in which you wish to receive the amount from the promoter.
Step 6- Enter the payment receipts acknowledging that you have made payments to the promoter.
Step 7- Click on the Submit button.
Congratulations! You have made the request for UPRERA Order Execution.
What is Section 40 of the RERA ACT?
Recovery of interest or penalty or compensation and enforcement of the order, etc.
(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 regulations made thereunder, it shall be recoverable from such promoter or allottee or real estate agent, in such manner as may be prescribed as 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.
Pro Tips for Filing UPRERA Order Execution
If you want to get your UPRERA Order Execution as fast as possible, follow these all-rounder tips-
- Scan all the payment receipts or account statements received from the promoter in advance.
- Make a separate PDF copy of each of the payment receipts and reference them based on their dates only.
- Write on a separate paper the payments made to the promoter in a table form mentioning the date of payment, the payment in numbers and payment receipt number.
- Write these on a separate paper- Bank account number, name of the account holder or holders in case of joint account, IFSC code, name of the bank and type of bank account- Single or Joint.
- Note- If you upload the cheques made to the promoter, it will not be taken as evidence. Only the payment receipts or the account statement acknowledged by the promoter are taken as evidence by the UPRERA for order execution. Keep them scan ready for fast filling.
- If you take more than 10 minutes to file the UPRERA Order Execution, the web page will time out and you will have to fill the form again. So keep all the data ready prior to filling the order execution in UPRERA.
- Remember that mere filling order execution in UPRERA is not the solution. You may have to visit the UPRERA head office in Lucknow for consistent follow-ups regarding your order execution.
- Consult a professional like an advocate, CA or CS having relevant real estate expertise before filing a UPRERA Order Execution. They can intervene on your behalf and can make this process faster and painless. They will keep a check whether your request for order execution in UPRERA is being implemented properly. Fees of the professionals differ in their expertise.
Sample of a filed up Order Execution Request in UPRERA
The below is a sample of how the order execution page looks after filling it up. Match it with yours to ensure you have not made any mistakes. The confidential information has been omitted as per the client’s preferences.
Sample of a Recovery Certificate issued by the UPRERA
After the UP-RERA issues a recovery certificate, they request the district’s officer (Ziladhikari) to collect the penalty amount awarded to the builder. Afterward, they have to deposit the same through issuing the bank draft in the name of UP-RERA Lucknow. Below is a sample issued UPRERA RC (Recovery Certificate).
Frequently Asked Questions
1. Can I file Order Execution in UPRERA on someone’s behalf?
Yes, as an intervening party, you can easily file UPRERA Order Execution on someone’s behalf. You will not be required to sign or get the authorisation letter endorsed to anyone.
2. Is filling UPRERA Order Execution free?
Yes, filling Order Execution in UPRERA is free. However, if you are considering hiring a professional like a lawyer, you will have to pay their fees.
3. Should I hire a professional like an advocate or CA or CS for filling UPRERA Order Execution?
This question depends on whether you want relaxation or deal with the builder yourself. If you are determined to e-file the order execution in UPRERA, you may have to keep consistent checks and visit the UPRERA office concerning the status of your filed UPRERA Order Execution.
If you hired the service of a professional, consider keeping in touch with them regarding your UPRERA Order Execution. Rest depends on their level of expertise.
Do you know that you can also check the UPRERA Order Execution status online?
4. Can I upload Cheques or a copy of NEFT/UPI payments made to the promoter? Will UPRERA accept it?
The answer is a BIG NO! Only the acknowledged payment receipts or the account statement issued by the promoter to the allottee only is accepted by UPRERA. The Authority will certainly penalise the promoter for non-compliance of the order but you will not receive the payment back / delay interest unless you upload the payment receipts or the account statement.
5. Can I make UPRERA Order Execution offline by submitting an application in the UPRERA office?
NO, you cannot file the order execution in UPRERA offline. In collaboration with digital India, UPRERA has made the whole process online in order to make the whole process easy, hassle-free and environmentally friendly by cutting the paper costs.