Till now RERA has been set up in many states of the country. Maharashtra RERA (MahaRERA) leading amonst all, has disposed of the largest number of complaints and issued orders against the developers / builders for non-compliance of the law. MP-RERA, HARYANA RERA (HARERA) and the authority in other states is also leaving no stones unturned in making the presence felt of the new legislation in the country.
Though RERA in every state is speeding up with passing orders in favor of aggrieved home-buyers, yet, the authority lacks in execution of the same. Not every state which has constituted the authority has executed any of its orders in reality. In the absence of any authority to execute the orders, the developers / builders are getting away with their liabilities and continuing their practice of non-compliance of law and the orders passed against them. In a nutshell, there is no relief as there is no execution.
MahaRERA has been lagging behind in execution of many of its orders passed last year and so is the case with other states. On one hand, there are states that have simply passed orders and the execution has not taken place till date, on the other, there still remain some states which are yet to form the authority for execution, HARERA being one of them. Evidently, execution of the orders is pending in the respective state authorities where the homebuyers are still struggling to get justice.
The RERA authorities were established primarily to bring justice to the affected homebuyers who have been waiting since years to get the possession of what they have been paying for to the developers / builders. The formation of the authority was a ray of hope to the aggrieved homebuyers around the country, but, it seems like there is a long way to go with RERA lagging in execution of orders.
Author – CA Ramesh Agrawal (FCA & LLB) Partner Agrawal Gupta & Sahu from Delhi and can be contacted at firstname.lastname@example.org