The basic object of the Real Estate Act (REA) was to ensure accountability towards allottees, protect their interest, infuse transparency, ensure fair-play and reduce frauds & delays. However, it seems promoters and builders have decided to challenge the competence and power of the Real Estate Regulatory Authority ( RERA) established under REA.RERA also has seem to have succumbed to builders tactics or does n’t have enough infrastructure to verify the validity documents provided by Builders. As far as Maharashtra RERA ( MahaRERA) is concerned many builders have not provided authentic documents to it while registering their projects and MahaRERA also has not verified those. Even then many builders and promoters have successfully obtained registration certificate from MahaRERA.
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| Some Builders have either not uploaded their photo or uploaded such photo on MahaRERA website |
Already Maharashtra RERA rules have been diluted and now builders are not providing authentic and full information and that that has caused a serious question of authenticity of projects even after they obtain the RERA registration. It is a different thing that after complaint MahaRERA may take action on defaulting builders but obtaining information from builders was difficult for consumers. That has not been made easy by REA in Maharashtra. Even after obtaining information, understating and analyzing it is the huge task. Then forget about complaining about it to the RERA.
The reasons may differ but various authorities in Maharashtra always refrain themselves from any accountability, causing serious damage to basic objectives of proactive Acts. Be it The Registration Act, The Right to Information Act, Maharashtra Right to Public Services Act or Maharashtra Land Revenue Code. MahaRERA seems to be no exception for that and reason is the builders and promoters don’t want REA to succeed and want their illegitimate right to cheat consumers intact.
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| Some builders and promoters have either not uploaded commencement certificates or approved building plants or uploaded such documents on MahaRERA website |
There may be the possibility that MahaRERA may not have adequate infrastructure to verify the authenticity of the documents that builders provide, but it is its responsibility ensure that all the documents required to be submitted under REA are provided. Many builders either have not provided mandatory information or have provided illegitimate, irrelevant or unreadable information. Even then they have received registration certificates. It is now the consumer’s duty to obtain the legitimate documents from MahaRERA, analyse it and then lodge the complaint if any.
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| Some builders promoters have not uploaded building plans on MahaRERA website |
As per REA builder promoter has to provide and publish
(a) a brief details of his enterprise including its names and photographs of the promoter;
(b) a brief detail of the projects launched by him, in the past five years details of cases pending, details of the type of land and payments pending;
(c) an authenticated copy of the approvals and commencement certificate
(d) the sanctioned plan, layout plan and specifications of the proposed project or the phase thereof, and the whole project as sanctioned by the competent authority;
(e) the plan of development works to be executed in the proposed project and the proposed facilities to be provided thereof including firefighting facilities, drinking water facilities, emergency evacuation services, use of renewable energy;
(f) the location details of the project, with clear demarcation of land dedicated for the project along with its boundaries including the latitude and longitude of the end points of the project;
(g) proforma of the allotment letter, an agreement for sale, and the conveyance deed proposed to be signed with the allottees;
(h) the number, type and the carpet area of apartments for sale in the project along with the area of the exclusive balcony or verandah areas and the exclusive open terrace areas apartment with the apartment, if any;
(i) the number and areas of the garage for sale in the project;
(j) the names and addresses of his real estate agents, if any, for the proposed project;
(k) the names and addresses of the contractors, architect, structural engineer, if any and other persons concerned with the development of the proposed project;
However in Maharashtra Real Estate Rules promoters and builders have been exempted from publishing details provided under clauses (b), (e), (g), (h), (i) and (l). Taking full advantage of diluted rules and working of MahaRERA , promoters and builders have suppressed lot of vital information.
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| This is the expired stamp paper used for self-declaration, The information provided on this paper is also bogus |
AS per REA for on-going projects three months period from the date of commencement of the Act for applying for registration. However, some promoter builders have taken this as an amnesty scheme to revive their dead projects. Some builders who have started their projects 15 – 20 years back and supposed to complete it before 2005 have now given a proposed date of completion of the project year 2022. That means the project if completed will take 22 years to complete.
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This Project was supposed to be completed in the year 2005, commencement certificate was given first 2001, Now proposed the date of completion is 2022
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Every commencement certificate or plan have the limitation period. After expiry, these documents have to be re-validated. However, some builders have uploaded an expired document on MahaRERA website. As well, as per REA builders, promoter builder builders have to provide and publish along with brief details of the projects launched by him, in the past five the payments pending. However hardly any builder has complied with it.
There are several other violations made by builders promoters while providing information to MahaRERA . Even then they have got registration certificates but that doesn’t mean the projects are authentic or they have all the required and legitimate documents to start or continue the project. Therefore it is now consumers’ duty to be alert. If you have any query on this subject please write to admin@vijaykumbhar.com
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RTI KATTA is a platform to empower oneself through discussions amongst each other to solve their problems by using Right to Information act, Every Sunday at Chittaranjan Watika, Model Colony,Shivaji nagar, Pune, between 9.30 to 10.30 A.M.
Vijay Kumbhar
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Phone – 9923299199
RTI KATTA
RTI KATTA is a platform to empower oneself through discussions amongst each other to solve their problems by using Right to Information act, Every Sunday at Chittaranjan Watika, Model Colony,Shivaji nagar, Pune, between 9.30 to 10.30 A.M.
Vijay Kumbhar
RTI Resource Person, RTI Columnist
Phone – 9923299199
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