Introduction

Many homebuyers in Uttar Pradesh who approach the Uttar Pradesh Real Estate Regulatory Authority (UP RERA) receive favorable orders against builders—whether for refunds, compensation, or possession of property. However, even after winning the case, builders often ignore the RERA orders, leaving buyers helpless and unsure of what to do next.

 

This blog explains how homebuyers can enforce UP RERA orders through the proper legal process and what steps to take if the builder fails to comply.

 

Step 1: Filing an Execution Petition with UP RERA

Once UP RERA passes an order, it provides the builder a limited time to follow the directions voluntarily. If the builder does not act within that time, the homebuyer has the right to file an Execution Petition with UP RERA.

This petition tells the Authority that the builder is not obeying the order and asks for legal steps to enforce it. Filing this petition is easy, and UP RERA allows it without charging any extra fees.

What Law Says:

Under Section 40 of the RERA Act, UP RERA has the authority to enforce its orders using the legal powers similar to a civil court. However, the actual procedure depends on the rules made by the state government, which means UP RERA follows its own defined steps for execution.

Legal Powers of UP RERA in Executing Orders

UP RERA has been given powers under its state rules to act like a civil court when it comes to enforcing its orders. This means UP RERA can:

 

• • Direct possession of the property to the rightful buyer

• • Ask for the builder’s movable or immovable property to be attached and auctioned

• • Request seizure of bank accounts

• • Even ask for arrest and civil detention of the builder in rare situations

If UP RERA finds it difficult to enforce the order on its own, it can forward the matter to the civil court in the area where the project or the builder is located.

While these powers are available, they have not always been used actively in the past. But UP RERA has now started relying more on the Civil Procedure Code (CPC) to strengthen the enforcement process and ensure buyers receive justice.

Step 2: Issuance of Recovery Certificate by UP RERA

If the order passed by UP RERA involves refund of money, interest, or penalty, and the builder fails to pay it, UP RERA issues a Recovery Certificate (RC).

The RC is a legal document requesting the District Collector (DM) to recover the money from the builder as if it were government dues.

How it Works:

Once the RC is prepared, UP RERA sends it to the local Collector’s office. From there, it becomes the Collector’s duty to take steps to recover the amount by:

 

• • Issuing legal demand notices

• • Freezing bank accounts

• • Seizing and auctioning builder’s assets if necessary

This process is meant to help homebuyers get back their rightful money through government enforcement powers.

Challenges Faced in Execution

Even though UP RERA and the Collector have strong legal powers, there are still practical challenges:

 

• • Sometimes there is no follow-up after the RC is issued

• • No fixed timeline is given to the Collector to recover the money

• • The execution process can be slow or delayed, forcing homebuyers to wait for long periods

• • In some cases, buyers need to go to the High Court to request help in speeding up the recovery

To tackle this issue, UP RERA has started improving its coordination with district officials and using legal tools more actively.

Step 3: Recovery Certificate Execution Process

After the RC is sent to the Collector, the process is often handled by local revenue officials like the Tehsildar or Sub-Divisional Magistrate (SDM).

Their actions may include:

 

• • Issuing legal notices to the builder

• • Calling the builder to pay the due amount

• • Attaching movable and immovable property

• • Auctioning assets, if needed

• • Freezing bank accounts or lockers

If there is no action from the revenue officials even after repeated follow-ups, the homebuyer can:

 

• • Submit a written request to the Collector for enforcement

• • If still unresolved, approach the High Court under writ jurisdiction

The High Court can then direct the Collector or RERA to take immediate action. If these directions are ignored, the officials may face contempt of court.

Conclusion

UP RERA has the necessary legal powers to enforce its own orders, whether for refund, compensation, or possession. But despite these powers, execution remains a major concern for homebuyers due to administrative delays and lack of accountability in the recovery process.

To ensure justice, UP RERA must:

 

• • Actively follow up with the Collector’s office

• • Use its powers under the Civil Procedure Code effectively

• • Set internal timelines and track the progress of RC execution

• • Learn from positive practices such as seeking direct compliance reports from revenue officials

By doing so, UP RERA can restore faith in the real estate justice system and ensure that builders who defy legal orders are held accountable.