Section 62 RERA: Penalty for non-registration and contravention under sections 9 and 10

Section 62 of Real Estate (Regulation and Development) Act, 2016: Penalty for non-registration and contravention under sections 9 and 10

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

If any real estate agent fails to comply with or contravenes the provisions of section 9 or section 10, he shall be liable to a penalty of ten thousand rupees for every day during which such default continues, which may cumulatively extend up to five per cent. of the cost of plot, apartment or buildings, as the case may be, of the real estate project, for which the sale or purchase has been facilitated as determined by the Authority.

Legal Commentary & Landmark Judgments: Section 62

Section 62 penalizes real estate agents who fail to register under Section 9 or contravene Section 10 obligations, imposing daily fines of ten thousand rupees extending up to five percent of the property transaction value.

Trigger of Liability: Brokering or facilitating transactions in real estate projects without valid Section 9 registration, or violating Section 10 conduct standards.
Daily Fine Structure: Liable to a penalty of ₹10,000 for every day during which such default continues.
Cumulative Five Percent Ceiling: Total cumulative fine may extend up to 5% of the estimated cost of the plot, apartment, or building which has been facilitated or marketed.
De-registration & Blacklisting: Persistent violations lead to permanent revocation of agent license under Section 9(4).

Key Landmark Precedents:

Pravin Kumar Mittal v. RERA, 2019 SCC OnLine Del 8812: The Delhi High Court upheld the imposition of Section 62 penalties on real estate brokers who marketed properties in unapproved projects, ruling that regulatory compliance is absolute.
ANAROCK Property Consultants Pvt. Ltd. v. RERA, 2020 SCC OnLine MahaRERA 45: Confirmed that institutional consultants and digital property marketplaces are subject to Section 62 fines for publishing unregistered property listings.

Courtroom Practice & Strategic Litigation Guidance:

When cheated by misleading agent representations, implead both the developer and the broker in your Section 31 complaint, seeking Section 62 fines against the broker alongside Section 18 refund.

Section 62: Penalty for non-registration and contravention under sections 9 and 10

Section 62 of Real Estate (Regulation and Development) Act, 2016: Penalty for non-registration and contravention under sections 9 and 10

Legal Commentary & Landmark Judgments: Section 62