When RERA Order Enforcement Maharashtra Delays, Dreams Derail

how delays in RERA order enforcement in Maharashtra affect homebuyers, especially those waiting for possession, refunds, or compensation. You can highlight:

• The legal mandate of RERA to ensure timely delivery of projects.
• Common reasons for enforcement delays, such as builder appeals, procedural gaps, or administrative bottlenecks.
• The emotional and financial toll on homebuyers when justice is slow.
• Legal remedies available, including filing execution petitions, approaching the RERA authority, or escalating to the High Court.
• How expert legal assistance can speed up compliance with RERA orders.

Understanding RERA Order Enforcement Maharashtra

The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted to restore buyer confidence and bring transparency to the real estate sector. In Maharashtra, the MahaRERA Authority handles complaints and issues enforceable orders. However, translating a favorable order into actual relief is where buyers face resistance.

Builders often delay or completely ignore RERA directives. To address this, the law allows recovery and enforcement mechanisms, but they often require buyers to take proactive legal steps.

1. Key Legal Provisions That Empower Buyers

• Section 40 of RERA: Enables recovery of penalties, interest, or compensation from the builder as arrears of land revenue. Once MahaRERA issues a recovery certificate, it can be forwarded to the district collector for enforcement.
• Section 63 of RERA: Penalises promoters for non-compliance with up to 5% of the estimated cost of the project.
• Bombay High Court (2024 Ruling): Directed revenue officers to complete property attachment and auction within 15 days if a builder fails to settle dues after a recovery warrant is issued. This has given teeth to the enforcement process, though execution remains a challenge.

2. Common Challenges in RERA Order Execution Against Builders

• Non-compliance by Builders: Builders often defy RERA and MREAT orders, betting on procedural delays and buyer fatigue. Many fail to appear for hearings or delay enforcement by filing appeals they don’t pursue seriously.
• Delayed Recovery Warrants: MahaRERA does issue recovery warrants under Section 40, but the actual execution by district collectors tends to be slow due to administrative backlog and unclear protocols.
• Lack of Institutional Support: Unlike other civil recovery systems, there’s no single window for enforcing a RERA order. Homebuyers are expected to track the process themselves from MahaRERA to collector offices making the system burdensome.

3. Real-World Example

In a Kandivli-based project, the MahaRERA Appellate Tribunal (MREAT) passed an order in 2022 asking the builder to hand over possession and pay interest to buyers. Even after the builder lost the appeal, no construction resumed. The buyers repeatedly approached the revenue department, but the execution remained stalled for over a year highlighting the need for active follow-up.

4. Practical Steps for RERA Order Enforcement in Maharashtra

• Send a Legal Notice

Before initiating execution, serve the builder a formal legal notice as a final opportunity to comply.

• File an Execution Application with MahaRERA

Under Section 40, file for execution. Include a certified copy of the RERA or MREAT order and proof of non-compliance.

• Approach Revenue Authorities

After obtaining a recovery warrant, submit it to the district collector where the builder’s assets are located. Request action under the Maharashtra Land Revenue Code.

• Initiate Contempt or Civil Imprisonment

If the builder continues to defy orders, courts may be approached for civil imprisonment or contempt proceedings. While rare, these options exist for persistent violations.

5. Legal Remedies & Execution Timelines

• Refund Orders: Even if the builder files an appeal, the refund order remains enforceable during the 60-day window if there’s no stay granted.
• Interest for Delay in Possession: MahaRERA grants monthly interest which must be enforced through execution if the builder fails to pay.
• Unregistered Agreements: Orders can be enforced even in cases where the builder failed to register agreements with buyers a common violation.
• Asset Attachment & Auction: With High Court backing, attachment of movable/immovable properties has become a viable route in Maharashtra.

What to Avoid and When to Seek Legal Help

Avoid informal settlements without formal documentation or payment records. These weaken your legal position.

Do not delay filing for execution delay can be used against you. If the builder doesn’t comply within the order’s timeline, act immediately.

Consult a qualified real estate or RERA lawyer if:

• The builder is absconding or unreachable.
• Revenue authorities are not acting on the warrant.
• You want to explore defaulting builder legal action beyond RERA, like filing a consumer case or NCLT petition for insolvency.

Conclusion: Be Legally Proactive, Not Just Hopeful

Winning a RERA case is only the first step. The real fight begins with enforcement. RERA order enforcement in Maharashtra demands vigilance, follow-through, and legal strategy. Don’t wait for the system to act initiate action, push authorities, and protect your hard-earned investment. Tigde Law Firm stands with buyers in pursuing rightful remedies against defaulting builders, offering practical support every step of the way.

About Tigde Law Firm

Tigde Law Firm is recognised among the top 10 law firms in India, offering full-service legal expertise in complex areas including EOW, ED, corporate law, property, builder disputes, divorce, civil, commercial, and criminal cases. Headquartered in Thane with offices across Mumbai and Navi Mumbai, Tigde Law Firm serves clients nationwide with a strong team of over 100 lawyers. From local courts to the High Court and Supreme Court, TLF leads with trusted, result-driven advocacy.

Founded by Sachin Subhash Tigde and Shubhash Tigde, both experienced High Court lawyers in Maharashtra with a legacy of over 45 years and second-generation expertise, the firm has handled more than 5,000 cases. With 50+ in-house advocates across Mumbai, Navi Mumbai, and Thane, Tigde Law Firm is widely regarded as the best law firm in Thane and home to some of the most reliable advocates and lawyers in Thane. Specialising in property and redevelopment matters, RERA compliance, society disputes, divorce, NCLT, civil, criminal, corporate, and IP law, TLF delivers clarity and confidence to clients facing complex legal challenges.

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