Order Execution in MahaRERA: 60 Days to Payment & Recovery Warrants 2026

Corrected on 6 November 2026. An earlier version described specific companies, case facts and figures that we could not verify, and cited the wrong rule and section. All of that has been removed, and this page now follows MahaRERA Circular 51/2025.

What Happens After MahaRERA Passes an Order

A buyer wins an order for interest or a refund, and the money does not arrive. The order does not collect itself. MahaRERA Circular 51/2025, dated 18 November 2025, sets out what the buyer does next: after 60 days from the date of the order, the complainant files an online non-compliance application, also called an execution application.

The circular followed a Bombay High Court order of 6 October 2025 in Writ Petition No. 3565 of 2025, which held that these orders should be executed like a decree of the principal civil court, with the Code of Civil Procedure applying.

The Legal Basis

Section 40(1) of the RERA Act makes unpaid interest, penalty or compensation recoverable, and Rule 3 of the Maharashtra complaint and recovery rules applies the land revenue route. Section 40(2) and Rule 4 let other orders and directions be enforced like a civil court decree. Separately, Rule 19 of the Maharashtra Rules, 2017 says a refund due from a promoter is payable within 30 days of becoming due.

The Recovery Route, Step by Step

1. File: after 60 days from the order, the complainant files the non-compliance application online.
2. Listing: it is listed for hearing within four weeks of receipt.
3. Time to comply: if non-compliance appears on the face of it, the respondent gets a reasonable period to comply.
4. Asset affidavit: if that fails, the respondent is directed to disclose movable and immovable assets, including bank accounts and investments.
5. Examination: if no affidavit comes, the respondent is called for examination and to produce books or documents.
6. Final order: the matter is heard on merits. The order can include a penalty and a Recovery Warrant, sent to the Collector for attachment and auction of property, including bank accounts.
7. Civil court: the matter can also go to the principal civil court to secure compliance under Order XXI Rule 41 of the Code of Civil Procedure.

If the Developer Appeals

An appeal to the Appellate Tribunal must be filed within 60 days of receiving the order, under Section 44(2), though the Tribunal can allow a late appeal for sufficient cause. Under Section 43(5), a promoter's appeal is not entertained without first depositing at least 30% of the penalty, or a higher percentage the Tribunal sets, or the total amount payable to the allottee with interest and compensation, or both, as the case may be. If an appeal or stay is filed, ask the buyer's lawyer what it means for the timeline.

What an Agent Should Tell a Client

Say plainly that an order is not yet money in the bank, and that the next step may fall to the client. Our advice is to keep a certified copy of the order, note the date 60 days out, and take legal advice if payment has not arrived by then. Do not give a date for when recovery will finish. The circular sets the steps, not how long collection takes.

What We Could Not Confirm

We did not find a published average time to collect, or a fixed interest rate for late payment under the recovery procedure. Portal screens can also change, so check case status on the MahaRERA portal.

For Your Exam Preparation

Keep these apart: Section 37 is the power to issue directions, Section 40 is recovery and enforcement, Section 44 is appeals, and Section 57 is execution of Appellate Tribunal orders. Practise with a topic-wise practice test.

Quick check: an order was passed 70 days ago and nothing has been paid. Under Circular 51/2025, what can the complainant file? A non-compliance application, online.