Recovery certificate issued by rera not honoured for 2 years

RAJESH CHOPRA (Querist) 15 March 2021 This query is : Resolved
Dear Sir,

I had purchased an office space in 2012 from a Builder . After builder failing to start construction and give the possession I filed a case in RERA UP and the orders were passed in my favour. The builder failed to pay me the money after which I filed for RC issuance . On 21st Jan 2019 UP RERA office issued RC ( Recovery Certificate ) to District Magistrate office of Gautam Budh Nagar. It's been 2 years the RC has not been honoured. My question is
1. What is the recourse for me to get the RC executed.
2. If RC does not get honoured then do I loose my right over my allotted unit as I hear that RERA has cancelled that project from earlier builder and likely to find another builder to complete the project .

Please advise .

Thanks

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Quick Summary

A buyer purchased an office space in 2012, but the builder failed to commence construction. After winning a case in RERA UP, a Recovery Certificate (RC) was issued in January 2019. However, the District Magistrate's office has failed to execute the RC for two years, citing the builder's lack of funds. The buyer is seeking advice on how to enforce the RC, what happens to their allotted unit if the project is re-assigned to a new builder, and their rights in such a scenario.

Dr J C Vashista (Expert) 16 March 2021
What is the reason for non-compliance of recovery certificate issued by RERA UP ?

RAJESH CHOPRA (Querist) 16 March 2021
Dear Vashita ji. DM office has informed that builders banks account have been attached abd he does not have money . instead he they were asking me to inform of any bank account.

RAJESH CHOPRA (Querist) 16 March 2021
Sir also advise on my right to allotted property / office space in case RERA decides to construct with consent of majority buyers as per regulation by calling EOI

krishna mohan (Expert) 16 March 2021
Since you are asking for refund of money paid by you, the company property can be attached. You can consult the Lawyer helping you to explore the legal remedy to enforce as no firm opinion can be given without verifying the base order being relied upon.

P. Venu (Expert) 16 March 2021
Revenue recovery has always been a non-starter. Discuss with the lawyer if execution proceedings are possible.

Dr J C Vashista (Expert) 17 March 2021
You are required to find out regarding assets of the builder and inform the DM for attachment / auction to realise the amount.
In case you can not find out apply to the DM for issuance of arrest warrants.

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