RERA Act – Powers of REAT for amendment of execution application
The appellant was given the flat in the project vide allotment letter dated 28.10.2010 and the possession to be given in 36 months from the date of commencement certificate.
On account of inordinate delay and non-execution of the agreement for sale, the RERA complaint was filed.
The complaint was disposed in 2020 since no commencement certificate was obtained by the promoter.
However, the appellate Tribunal partly allowed the complaint and directed the promoter to execute the agreement for sale, complete the construction in 12 months and to obtain approvals. In the event of failure, liberty was given to take action under Sections 7 and 35 of the RERA and to claim compensation.
The allottee filed execution petition since there was failure to comply with the decree.
In the execution, the appellant sought amendment for additional mode for execution of the decree as provided under Order XXI rule 32 of the CPC to detain partners in civil prison and to construct the builder from another person at the cost of the JD.
The appellate Tribunal partly allowed the application for amendment to include prayer for civil prison of the promoters.
The HC framed three important questions for consideration and decision.
RERA Act – Powers for amendment of execution application
RERA Execution Court has powers to order amendment of execution application under Section 151 CPC and the general amending powers under Section 153 of the CPC
Application for Amendment of RERA Execution Petition – At the stage of consideration, the Court need not delve into the merits of the proposed amendments. The inquiry is confined to the permissibility and desirability of the proposed amendments, if it is necessary and if it is likely to cause prejudice to judgment debtor which cannot be compensated.
Section 57 RERA – Execution of REAT Orders – The Tribunal itself has to execute its order as decree of civil court and for that purpose, the Tribunal has all powers of a civil court.
REAT has all the powers of the Civil Court while executing the decree unless the said provisions of CPC are inconsistent with RERA 2016 and given overriding effect under section 89 of the said Act.
There is no conflict between the provisions of Sections 7, 8 & 57 of the RERA Act with the provisions of Order XXI of the CPC.
Judgment dated 24.6.2026 of the High Court of Bombay in Second Appeal No.559 of 2025 of Rajan Chandiramani Vs. Swadhinta Builders LLP with connected matters
