Bengaluru:
The Karnataka Real
Estate Regulatory Authority (K-RERA) has introduced a Standard Operating
Procedure (SOP) to streamline compliance and enforcement of its orders, particularly when developers or other parties fail to implement the Authority's directions.
The new SOP
establishes a formal process for enforcing unimplemented RERA orders, including
the filing of execution petitions through the K-RERA portal. In cases involving
monetary claims, applicants may also be required to submit an updated
calculation of the amount due.
Under the
procedure, a party against whom an order has been passed may be given an
additional opportunity to comply. If non-compliance continues, K-RERA can
proceed with further enforcement measures.
A key
feature of the SOP is the provision for obtaining asset details of a defaulting
party in monetary cases. The judgment debtor may be directed to submit an
affidavit containing details of bank accounts, investments, movable assets and
immovable properties. The decree holder can also provide information about
assets known to them.
If the order
continues to remain unpaid, the Authority can initiate further recovery
proceedings through the appropriate revenue authorities.
The move
comes amid concerns over delays in implementing RERA orders. Recent proceedings
before the Karnataka High Court have also highlighted the need for an effective
system to enforce K-RERA awards and recovery certificates.
The new SOP
is expected to provide greater clarity, accountability and a defined
enforcement mechanism for homebuyers who have obtained favourable orders but
are still awaiting compliance or recovery.
For
homebuyers, the procedure creates a clearer route from obtaining a RERA order
to pursuing its actual implementation.
By : The Realty Times — Real Estate News, Property Insights & Market Updates
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