Homebuyers await execution of recovery warrants even two months after MahaRERA issued SOP to expedite process

Pune: Homebuyers awaiting compensation from defaulting developers continue to remain in limbo, with recovery warrants still stalled at the execution stage despite the Maharashtra Real Estate Regulatory Authority (MahaRERA) introducing a standard operating procedure (SOP) two months ago to expedite the process.Among those waiting for the execution of one such order is 80-year-old Arun Seth and his wife who had invested over Rs 50 lakh in a housing project in 2014. Although recovery warrants in their favour were issued years ago, revenue authorities continue to sit on them. "Orders are passed, but nothing is executed. It's uncertain whether the developer even has assets left for auction," Seth told TOI.
MahaRERA recovery warrants are to be enforced by district revenue authorities through attachment and auction of developers' assets or recovery from their bank accounts. Homebuyers, however, said heavy backlogs and competing administrative priorities had caused prolonged delays, leaving many, particularly senior citizens, without any relief.The issue regained attention after recent Supreme Court observations questioning whether real estate regulators were effectively safeguarding homebuyers and ensuring enforcement of their orders. MahaRERA officials said execution of recovery warrants was the responsibility of district administrations.Last Nov, MahaRERA had released a detailed SOP, following Bombay high court directions, setting a 60-day deadline for developers to pay compensation awarded by adjudicating officers. According to the SOP, if the builder fails to pay within this period, the homebuyer must file a non-compliance application. MahaRERA must then hear the case within four weeks and, if non-compliance was confirmed, grant the developer a final "reasonable" deadline, it stated.Activists welcomed the intent behind the SOP but highlighted implementation issues. "We have long demanded speedy enforcement of RERA orders. Timelines help, but unless revenue authorities act promptly, delays will continue," Ramesh Prabhu, chairperson of the Maharashtra Society Welfare Association, said.For the first time, cases of continued wilful non-compliance may also be escalated to the principal civil court. Under the Civil Procedure Code, courts can order up to three months of civil imprisonment for developers who deliberately evade payment.A Pune-based senior citizen who has been waiting for over two years for execution of a recovery warrant cited systemic gaps, noting the absence of a real-time tracking mechanism for recovery cases. "Homebuyers have no idea where their cases are stuck," he said.A MahaRERA official reiterated that while the authority could issue recovery orders, the actual power to execute them was solely with the district collector's office.