What This Circular Covers
K-RERA issued a circular dated 28th July 2026 prescribing a Standard Operating Procedure (SOP) for the recovery of monetary and non-monetary reliefs ordered on complaints filed under Section 31 of the RERA Act, 2016. This SOP is effective immediately.
The circular is issued under Section 40 of the RERA Act read with Rules 25 and 26 of the Karnataka RERA Rules. Sub-section (1) of Section 40 empowers the Authority or Adjudicating Officer to recover interest, penalty, or compensation from a promoter, allottee, or real estate agent in the same manner as arrears of Land Revenue under the Karnataka Land Revenue Act, 1964. Sub-section (2) empowers enforcement of orders as if they were a decree of a civil court.
The 9-Step Recovery Process
- 60-Day Compliance Check: After 60 days from the date an Order is passed, the Authority verifies compliance by contacting both parties for a response.
- Filing a Petition: If the Judgment Debtor fails to comply, the Decree Holder may file a Petition on the K-RERA web portal seeking enforcement, along with an up-to-date Memo of Calculation if applicable.
- Notice & Hearing: A notice is issued to both parties to appear before the Authority within two weeks of the Petition's formal registration.
- Compliance Opportunity: If non-compliance is noticed after hearing, the Judgment Debtor is given a further two weeks to comply. Full compliance results in the Petition being disposed of as complied.
- Affidavit of Assets (Monetary Reliefs): If the Judgment Debtor still fails to comply with an order for monetary relief under Section 40(1), an order is passed directing them to file an affidavit disclosing all movable and immovable assets, including bank accounts, within two weeks.
- Final Compliance: If the Judgment Debtor fully complies on the final hearing date, the Petition is disposed of as satisfied.
- Revenue Recovery Certificate: If compliance still fails, a Revenue Recovery Certificate is issued under Section 40(1) read with Rule 25, forwarded to the jurisdictional Deputy Commissioner for attachment and auctioning of the Judgment Debtor's movable and immovable properties, including bank accounts.
- Non-Monetary Reliefs: For orders involving non-monetary reliefs under Section 40(2), the Authority may either enforce the order directly as a civil court decree, or transmit it to the Principal Civil Court having jurisdiction, invoking Section 40(2) read with Rule 26.
- Digital Infrastructure: The IT Department of K-RERA is directed to ensure the online system supports Execution Proceedings from the date of the Execution Petition through to disposal.
Key Details
| Legal Basis | Section 40 of RERA Act, 2016 read with Rules 25 & 26 of Karnataka RERA Rules |
|---|---|
| Applies To | Orders passed on complaints filed under Section 31 of the RERA Act |
| Effective From | Immediate effect (28 July 2026) |
This SOP is significant for allottees seeking to enforce compensation or relief orders against promoters, as it lays out a clear, time-bound path — from a 60-day compliance check through to Revenue Recovery Certificates or civil court enforcement.
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