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—practical-guides:rera-order-builder-not-complying-execution-recovery [2026/07/22 17:47] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-title=(RERA Order Passed But Builder Won't Pay? Execution Guide)&metatag-description=(Won a RERA order for refund, interest or possession but the builder ignores it? Here is how to file execution, get a recovery certificate and recover dues.)&metatag-keywords=(RERA execution, recovery certificate, builder non-compliance, homebuyer rights, arrears of land revenue, District Collector recovery)&metatag-robots=(index,follow)&metatag-og:title=(RERA Order Passed But Builder Won't Pay? Execution Guide)&metatag-og:description=(Won a RERA order for refund, interest or possession but the builder ignores it? Here is how to file execution, get a recovery certificate and recover dues.)&metatag-og:type=(article)}}
 +
 +====== RERA Order Passed But Builder Not Paying? Execution and Recovery ======
 +
 +**You fought your case at the state RERA authority and won. The order says the builder must refund your money with interest, or hand over possession, or pay compensation. But months later nothing has happened, and the builder simply ignores the order. This guide explains how to turn that order into real recovery through an execution application, a recovery certificate and the District Collector.**
 +
 +{{:practical-guides:rera-order-builder-not-complying-execution-recovery.webp|RERA Order Passed But Builder Not Paying? Execution and Recovery}}
 +
 +**Reviewed on:** 2026-05-29.
 +
 +<WRAP center round info 95%>
 +**Quick Reply:**
 +
 +A RERA order is enforceable. If the builder does not comply within the time the order gives, file an execution or non-compliance application with the same state RERA authority that passed the order. Ask the authority to issue a recovery certificate to the District Collector so the dues can be recovered as arrears of land revenue, which allows attachment and auction of the builder's property. Track the certificate at the Collector's office, use RTI to find where the file is stuck, and take legal advice if the builder enters insolvency.
 +</WRAP>
 +
 +===== Who this guide is for =====
 +
 +This guide is for homebuyers and allottees in India who already have an order in their favour from a state Real Estate Regulatory Authority (RERA) or the state Real Estate Appellate Tribunal, but the builder or promoter is not complying with it. It is for you if:
 +
 +  * RERA ordered the builder to refund your money with interest, and the refund has not come.
 +  * RERA directed the builder to pay interest for delayed possession, and no payment has arrived.
 +  * RERA ordered handover of possession or completion of work, and the builder is silent.
 +  * The compliance period mentioned in the order has already passed.
 +  * You want to know how a paper order becomes real recovery against the builder's assets.
 +
 +This guide assumes you have a final order, not a pending complaint. If you are still at the complaint stage, or if the builder has the occupancy certificate but is withholding keys, those are different problems. See our related guides on [[/practical-guides/builder-has-oc-but-refuses-possession-handover-documents/|a builder with OC refusing possession]] and on [[/file-rera-complaint-2026|filing a RERA complaint]] first.
 +
 +Recovery against a builder can become a serious litigation, especially if the builder is in financial trouble. Where the amounts are large, treat a property lawyer as essential rather than optional. This guide helps you act fast and stay organised, but it is general information, not advice on your specific order.
 +
 +===== What you can do this weekend =====
 +
 +==== Friday evening ====
 +
 +Pull out your RERA order and read it slowly, line by line. Find the operative part, which is the part that says exactly what the builder must do. Note three things: the relief granted (refund, interest, possession or compensation), the precise amount or rate stated, and the time the order gave the builder to comply.
 +
 +Check whether that compliance window has expired. Execution becomes available only after the builder has failed to comply within the time the order allowed. Write the deadline and today's date side by side so the lapse is clear.
 +
 +If you do not have a certified copy of the order, note that as your first weekday task. A plain download from the portal is fine for your own records, but a certified copy is what you attach to an execution application.
 +
 +==== Saturday ====
 +
 +Prepare a clean computation sheet. List the principal amount the builder owes you and calculate the interest from the date the order specifies up to today, using the rate and method the order states. Do not invent a rate. Use exactly what the order says, and show your working clearly with dates.
 +
 +Gather your proof of payments to the builder: the booking receipts, bank statements, loan disbursement letters, and the allotment letter or builder-buyer agreement. The recovery authority needs to see the money trail behind the order amount.
 +
 +Open your state RERA portal and look for the execution, enforcement, or non-compliance section. Each state runs its own portal and its own format. Note the application form, the fee, and whether filing is online, physical, or both. Do not assume the process is the same as another state's.
 +
 +==== Sunday ====
 +
 +Draft your execution application using the template in this guide as a starting point. Keep it factual: identify the order, state that the compliance period has lapsed, attach the computation, and ask the authority to recover the dues, including by issuing a recovery certificate to the District Collector.
 +
 +Make a simple annexure index so every document you attach has a number and a one-line description. A well-organised file moves faster through any government office.
 +
 +If the amount is significant, line up a short consultation with a property lawyer for early next week before you file. Getting the relief and the prayer worded correctly at the start saves months later.
 +
 +===== Documents and evidence checklist =====
 +
 +^ Document ^ What it proves ^ Where to get it ^
 +| Certified copy of the RERA / Appellate Tribunal order | The relief granted and the compliance deadline | State RERA portal or the authority's registry |
 +| Computation sheet (principal + interest to date) | The exact amount you are claiming in execution | Prepared by you or your lawyer, using the order's rate |
 +| Builder-buyer agreement / allotment letter | Your standing as an allottee and the original terms | Your file; or a registered copy from the sub-registrar |
 +| Payment receipts and bank statements | The money you actually paid the builder | Your records; bank net-banking or branch |
 +| Home loan sanction / disbursement letters (if any) | Funds released to the builder through the lender | Your bank or housing finance company |
 +| Proof the builder did not comply | That the deadline passed with no refund, payment or handover | Your dated reminders, emails, and the silence in response |
 +| Identity and address proof | Applicant verification for the execution filing | Aadhaar, PAN, passport as accepted by the portal |
 +| RERA registration details of the project | Links the builder and project to the regulated record | State RERA portal project search |
 +| Earlier reminders sent to the builder | You gave the builder a fair chance to comply | Your email, courier, or registered-post records |
 +
 +===== Step-by-step action plan =====
 +
 +==== Step 1 — Get the certified copy and confirm the compliance deadline ====
 +
 +Obtain a certified copy of the RERA order from the authority's registry or portal. Read the operative part and note the exact relief, the amount, the interest rate the order states, and the time the builder was given to comply. Execution is meant for orders where that compliance window has already expired. If the builder appealed the order, check whether the appellate tribunal stayed it, because a stay pauses execution.
 +
 +==== Step 2 — Calculate the exact amount due ====
 +
 +Prepare a dated computation sheet showing the principal and the interest up to the current date. Use the rate and method the order specifies and nothing else. If the order gives a refund with interest, the figure keeps growing until paid, so date your calculation and be ready to update it. A precise, defensible figure is what the recovery authority will act on.
 +
 +==== Step 3 — File the execution application with the RERA authority ====
 +
 +File an execution or non-compliance application with the same state RERA authority or appellate tribunal that passed the order. The body that made the order is the body that enforces it. Attach the certified order copy, your computation sheet, payment proof, project RERA details and identity documents. Use the format and fee set out on your state RERA portal, since this differs from state to state. Keep a stamped or acknowledged copy of everything you submit. For the basics of dealing with RERA, see our guide on [[/file-rera-complaint-2026|how to file a RERA complaint]].
 +
 +==== Step 4 — Ask for a recovery certificate to the District Collector ====
 +
 +In your prayer, specifically ask the authority to recover the dues as arrears of land revenue and to issue a recovery certificate to the District Collector of the district where the builder's assets or project are located. The real estate law treats RERA dues that remain unpaid as recoverable through the revenue machinery in most states. The recovery certificate is the bridge between your order and the Collector's power to attach and auction the builder's property and accounts.
 +
 +==== Step 5 — Track the recovery certificate at the Collector's office ====
 +
 +Once the certificate is issued, do not assume it will act on its own. Take a copy to the District Collector's revenue recovery branch with a covering letter. Note the file or diary number, and find out which tehsildar or recovery officer is handling it. Recovery as arrears of land revenue can include attaching bank accounts and auctioning property, but only when a human officer actually moves the file.
 +
 +==== Step 6 — Use RTI to find where the file is stuck ====
 +
 +If the RERA execution file or the recovery certificate stalls, file an RTI application with the relevant public authority. Ask for the current status, the latest noting on the file, the recovery certificate number and date, and the action the Collector has taken. RTI does not execute the order, but it tells you exactly which desk the file is sitting on, which lets you escalate to the right officer. To file, see our [[/file-rti-online-india|step-by-step RTI filing guide]].
 +
 +==== Step 7 — Escalate and consider judicial remedies ====
 +
 +If recovery still does not happen, escalate in writing to the District Magistrate and the RERA authority, quoting the recovery certificate and your RTI findings. Where the revenue machinery refuses to move, a writ petition in the High Court asking for a direction to recover is a recognised route, and for this you should retain a lawyer. If you hear that any insolvency or NCLT process has started against the builder, stop the revenue route and switch to a lawyer-led claim with the resolution professional, because a moratorium can pause your recovery and the deadlines change.
 +
 +===== Escalation ladder =====
 +
 +^ Stage ^ Action ^ Forum / Destination ^ Target timeline ^
 +| 1 | Send a final written reminder to the builder citing the order and the lapsed deadline | Builder / promoter (registered post and email) | A short notice period before you file execution |
 +| 2 | File execution / non-compliance application with proof and computation | State RERA authority or Appellate Tribunal that passed the order | As soon as the compliance window lapses |
 +| 3 | Seek a recovery certificate to recover dues as arrears of land revenue | RERA authority → District Collector | Varies by state; press for early issue |
 +| 4 | Submit the certificate and track recovery action | District Collector's revenue recovery branch / tehsildar | Follow up in writing; note the file number |
 +| 5 | RTI for status of the execution file and recovery certificate | CPIO / SPIO of the RERA authority and the Collector's office | 30 days (RTI Act response window) |
 +| 6 | Writ petition or, if insolvency has started, a claim before the NCLT | High Court (Article 226) or NCLT through your lawyer | Retain a property / insolvency lawyer |
 +
 +===== Copy-paste execution application template =====
 +
 +Replace the text in square brackets with your own details. Check your state RERA portal for the prescribed form and fee before filing.
 +
 +To,
 +The Secretary / Registrar
 +[Name of State Real Estate Regulatory Authority]
 +[Address of the Authority]
 +
 +Date: [DD/MM/YYYY]
 +
 +Subject: Application for execution and recovery of dues under the
 +         RERA order dated [DD/MM/YYYY] in Complaint No. [XXXX]
 +         against [Builder / Promoter Name]
 +
 +Respected Sir / Madam,
 +
 +1. I am [Your Name], the complainant and allottee in Complaint
 +   No. [XXXX], in respect of Flat / Unit No. [XXXX] in the project
 +   [Project Name], RERA Registration No. [XXXX].
 +
 +2. By order dated [DD/MM/YYYY] this Authority directed the
 +   respondent promoter [Builder / Promoter Name] to
 +   [state the relief: refund Rs [Amount] with interest at the
 +   rate stated in the order / pay delay interest / hand over
 +   possession / pay compensation] within [time period stated
 +   in the order].
 +
 +3. The time granted for compliance expired on [DD/MM/YYYY]. The
 +   respondent has failed and neglected to comply. Despite my
 +   written reminders dated [DD/MM/YYYY] (Annexure C), no
 +   [refund / payment / possession] has been made.
 +
 +4. As on date, the total amount due to me is Rs [Amount],
 +   computed as principal Rs [Amount] plus interest of Rs [Amount]
 +   calculated at the rate and from the date specified in the
 +   order. A detailed computation is enclosed (Annexure B).
 +
 +5. I therefore request this Authority to:
 +   (a) Initiate execution of the order dated [DD/MM/YYYY];
 +   (b) Recover the dues of Rs [Amount] together with further
 +       interest as arrears of land revenue; and
 +   (c) Issue a recovery certificate to the District Collector,
 +       [District], for attachment and recovery from the assets
 +       of the respondent.
 +
 +6. I am available for any hearing and can produce all original
 +   documents for inspection.
 +
 +Yours faithfully,
 +
 +[Your Full Name]
 +[Address]
 +[Mobile Number]
 +[Email Address]
 +
 +Enclosures (Annexure List):
 +A — Certified copy of the order dated [DD/MM/YYYY]
 +B — Computation of principal and interest as on [DD/MM/YYYY]
 +C — Reminder letters / emails sent to the respondent
 +D — Builder-buyer agreement / allotment letter
 +E — Payment receipts and bank statements
 +F — Identity and address proof
 +
 +===== When RTI can help =====
 +
 +The Right to Information Act, 2005 applies to public authorities. A state RERA authority and the District Collector's office are public authorities, so RTI is a real tool once you reach the recovery stage. It is most useful in these situations:
 +
 +  * **Finding where your execution file is stuck:** If you filed an execution application and heard nothing, ask the RERA authority's information officer for the current status, the latest noting on the file, and the name and designation of the officer handling it.
 +  * **Confirming the recovery certificate:** Ask whether a recovery certificate has been issued against the builder, its number and date, and to which District Collector it was sent. This tells you whether the bridge to revenue recovery has actually been built.
 +  * **Tracking the Collector's action:** File an RTI with the Collector's revenue recovery branch asking what steps, such as attachment or auction notice, have been taken on the certificate, and which tehsildar holds the file.
 +
 +To file an RTI, follow our [[/file-rti-online-india|step-by-step RTI guide]]. If your RTI is ignored or you get a non-reply, use our guide on [[/file-first-appeal-rti-section-19-2026|filing a first appeal under Section 19]]. For a complaints overview, see [[/cpgrams-rti|CPGRAMS and RTI together]], and for deeper strategy in regulated disputes, [[/books.php|The RTI Playbook]] is a useful next read.
 +
 +===== When RTI will not help =====
 +
 +RTI has clear limits in a RERA execution matter, and it is important to be honest about them:
 +
 +  * **RTI cannot execute your order or force payment:** Only the RERA authority and the District Collector, acting under the real estate and revenue laws, can recover the money. RTI gives you visibility and pressure, not the recovery itself.
 +  * **RTI does not reach the builder's private records:** A builder is a private company. RTI does not apply to its internal accounts or bank details. The Collector's attachment powers, not RTI, are how the builder's assets are reached.
 +  * **RTI does not speed up a court or tribunal decision:** If your matter moves to the High Court or the NCLT, those proceedings run on their own timelines, and RTI cannot shorten them.
 +
 +===== Common mistakes to avoid =====
 +
 +  * **Treating the order as the finish line:** Winning the order is only half the job. Many allottees stop here and assume the builder will pay. Plan for execution from the day the order is passed.
 +  * **Filing execution at the wrong forum:** The body that passed the order, the RERA authority or its appellate tribunal, enforces it. Do not run to a civil court or consumer commission for the same relief without legal advice.
 +  * **Skipping the recovery certificate request:** A bare execution application that does not ask for recovery as arrears of land revenue and a recovery certificate to the Collector can leave you with an order that no one actually enforces.
 +  * **Getting the interest calculation wrong:** Do not guess the rate or the start date. Use exactly what the order says. A loose computation gives the builder room to dispute the figure and delays recovery.
 +  * **Ignoring an appeal or stay:** If the builder appealed and obtained a stay, execution is paused. Check the status before you file, so you do not waste a cycle.
 +  * **Missing insolvency warning signs:** If the builder is heading into NCLT or insolvency, revenue recovery can be frozen by a moratorium. Watch for any insolvency notice and switch strategy with a lawyer immediately.
 +  * **Letting the recovery certificate gather dust:** A certificate that reaches the Collector but is never followed up goes nowhere. Track it in person and in writing, and use RTI to find the responsible officer.
 +  * **Going alone on large amounts:** Where the dues are substantial or the builder is fighting hard, a property lawyer is not a luxury. The cost is small against the money at stake.
 +
 +If the same builder is also withholding possession despite holding the occupancy certificate, or refusing to form the society and execute the conveyance deed, handle those alongside execution. See [[/practical-guides/builder-has-oc-but-refuses-possession-handover-documents/|builder with OC refusing possession]] and [[/practical-guides/builder-not-executing-conveyance-deed-forming-society/|builder not executing the conveyance deed]].
 +
 +===== Official links =====
 +
 +  * [[https://mohua.gov.in/|Ministry of Housing and Urban Affairs (mohua.gov.in)]] — Background on RERA and central housing policy
 +  * [[https://maharera.maharashtra.gov.in/|MahaRERA (Maharashtra) portal]] — Example of a state RERA authority's complaint and order search
 +  * [[https://up-rera.in/|UP RERA portal]] — Example state RERA authority with execution and recovery information
 +  * [[https://pgportal.gov.in/|CPGRAMS (pgportal.gov.in)]] — Public grievance escalation where a government office is unresponsive
 +  * [[https://rtionline.gov.in/|RTI Online (rtionline.gov.in)]] — File RTI applications to central public authorities
 +
 +===== Frequently asked questions =====
 +
 +==== I won a RERA order but the builder is ignoring it. What do I do first? ====
 +
 +File an execution application with the same RERA authority that passed the order. The authority can enforce its own order. In your application, attach the certified copy of the order, state the exact amount or relief due, and ask the authority to recover the dues, usually as arrears of land revenue through the District Collector. Do this once the period the order gave the builder to comply has expired.
 +
 +==== What is a recovery certificate and why does it matter? ====
 +
 +A recovery certificate is a document the RERA authority issues to the District Collector or revenue authority asking them to recover the money the builder owes you. In most states the dues are recovered as arrears of land revenue, which lets the Collector attach and auction the builder's property or bank accounts. The recovery certificate converts your paper order into a real revenue-recovery action.
 +
 +==== How long do I have to file an execution application? ====
 +
 +Time limits for filing execution vary by state RERA rules, and some authorities apply general limitation principles. Do not wait. File as soon as the builder has missed the compliance window in the order. If you are close to or past any limit, raise it with the authority and explain the delay, and take advice from a property lawyer. Check your own state RERA portal for the exact position.
 +
 +==== Can RTI help me when my RERA order is not being executed? ====
 +
 +Yes, in a limited but useful way. RERA authorities and the District Collector are public authorities, so you can file an RTI to learn the status of your execution file, whether a recovery certificate was issued, and what the Collector's office has done on it. RTI cannot itself execute the order or force payment, but it exposes where the file is stuck so you can escalate to the right officer.
 +
 +==== Does the builder going into insolvency (NCLT/IBC) affect my recovery? ====
 +
 +Yes, it can change everything. If insolvency proceedings against the builder begin, a moratorium can pause recovery actions and you may have to file your claim with the resolution professional instead. Homebuyers are treated as financial creditors in many cases. If you hear that any insolvency or NCLT process has started against your builder, get a lawyer immediately, because the route and the deadlines are different.
 +
 +==== Can I also approach a consumer commission for the same builder dispute? ====
 +
 +Possibly, but you generally cannot recover the same amount twice. Consumer commissions and RERA are separate forums and you usually choose one for the same relief. If you already have a RERA order, the cleanest path is to execute it through RERA. Discuss with a lawyer before opening a second forum, because parallel proceedings on the same cause can complicate recovery.
 +
 +==== What if the District Collector does not act on the recovery certificate? ====
 +
 +Keep written follow-ups with the Collector's revenue recovery branch quoting the recovery certificate number and date. File an RTI to get the file status. If there is still no movement, escalate to the District Magistrate and the RERA authority in writing, and consider a writ petition in the High Court seeking a direction to recover. Persistent, documented pressure on the revenue machinery is usually what gets a stalled certificate moving.
 +
 +{{tag>rti rera refund order passed builder paying execution}}