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Maya Singh   19 April 2022

How to file execution application in maharera?

Sirs,

My case at MahaRera got disposed off as consent terms were filed between me and the estate agent in conciliation forum. The estate agent promised to refund my amount till March end but has defaulted.

How to file online execution application in MahaRera now? I don't find any option in my MahaRera login dashboard.

What to do yours learned all can show some light shall be highly obliged.



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     20 April 2022

The Procedure of filing of an appeal under RERA is that every appeal against the order of the RERA Authority or Adjudicating officer in a complaint against builder must be filed within 60 days from the date on which a copy of order or decision made is received by the government, competent authority or aggrieved person.The Real Estate Appellate Tribunal (REAT) has been set up to hear appeals against orders passed by the Real Estate Regulatory Authority.

Shubham Bhardwaj (Advocate)     20 April 2022

Dear Mr Singh, 

Execution is filed in the same way as a complaint. A new complaint number is given. However make sure to include the necessary particulars of execution in your complaint. Although, this is a little different from normal procedure adopted in civil courts but this is the purpose i.e. to make process simple for a lay man who are not conversant with law. 

Regards

Shubham Bhardwaj (Advocate)

Disrrict & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance. 

 

Maya Singh   22 April 2022

The last time I had filed the online complaint with the Chairman/Adjudication officer. My matter was transferred in conciliation forum where consent terms were signed. Now for its execution can I file an online complaint in the conciliation forum website?

Shubham Bhardwaj (Advocate)     23 April 2022

Dear Mr Singh, 

When a compromise is enterred between the parties, an order is passed recording the terms of the compromise. This order is treated as any other order on merits. Therefore it is capable of execution in the same manner. So, file execution application similar to that of a complaint with only difference that this complaint would have particulars of an execution application. Further, complaint cannot be filed through conciliation forum website but in the manner in which you field orginal complaint. 

 

Regards

Shubham Bhardwaj (Advocate)


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