Short Answer

If a builder refuses to comply with a RERA order, the order can be enforced through the Real Estate (Regulation and Development) Act, 2016 (RERA) provisions.

Detailed Explanation

Section 40 of the Gujarat RERA Act provides the mechanism for enforcing RERA orders. This section empowers the Regulatory Authority to execute its orders as decrees of a civil court. This means that if a builder fails to comply with a RERA order, the Regulatory Authority can enforce the order as if it were a court decree. In practice, this allows the Regulatory Authority to take necessary actions to ensure compliance, such as imposing penalties, revoking registration, or even initiating legal proceedings.

Furthermore, Rule 31 of the Gujarat RERA Rules lays down the procedure for enforcing orders. This rule specifies that in case of non-compliance by the builder, the Regulatory Authority can take steps to ensure compliance, including imposing penalties or initiating legal action. The Authority may also take necessary measures to protect the interests of the allottees.

Practical Examples

• Scenario: A builder fails to deliver possession of a property within the agreed timeframe despite a RERA order.

• Action: The Regulatory Authority can impose penalties on the builder and ensure possession is handed over to the allottees.

• Scenario: A builder refuses to refund the advance amount to a buyer as per a RERA order.

• Action: The Regulatory Authority can enforce the refund by taking necessary legal actions against the builder.

• Scenario: A builder does not comply with the quality standards specified in a RERA order.

• Action: The Regulatory Authority can revoke the builder's registration and take steps to rectify the quality issues.

References

• Section 40 of the Gujarat RERA Act: Gujarat RERA Act and Rules

• Rule 31 of the Gujarat RERA Rules: Gujarat RERA Act and Rules