Monday, June 26, 2017

Beware; Registration with RERA doesn’t mean the project is authentic……

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 competence and power of the Real Estate Regulatory Authority ( RERA) established under REA.RERA also has seems to be succumbed to builders tactics or  doesn’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.

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 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 huge task. Then forget about complaining 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 be succeed and want their illegitimate right to cheat consumers intact.

Some builders and promoters have either not uploaded commencement certificates or approved building plants or uploaded such  documents on MahaRERA website

There may be possibility that MahaRERA may not have adequate infrastructure to verify 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 consumer’s duty to obtain the legitimate documents from MahaRERA,  analyse it and then lodge the complaint if any.

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 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 fire fighting 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, 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 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.

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 proposed date of completion of project year 2022. That means the project if completed will take 22 years to complete.

This Project was supposed to be completed in year 2005 , commencement certificate was given  first 2001, Now proposed date of completion is 2022

Every commencement certificate or plan have limitation period. After expiry these documents have to be re-validated. However some builders have uploaded 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 violation 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 right to vijaykumbhar.com

Related Stories

The Maharashtra Real Estate Rules; Latest victim of Bureaucracy & Builder nexus

Builder bureaucrat nexus makes Maharashtra RERA Rules nightmare for home buyers

Subscribe for Free

To receive free emails or free RSS feeds, please subscribe to Vijay Kumbhar's Exclusive News &; Analysis


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

Email     – kvijay14@gmail.com
YouTube - https://www.youtube.com/user/kvijay14

1 comment:

  1. Add to this - Rera is not even compelling the promoters to update their project information within the maximum stipulated period of 90 days. Also some promoters have given contact number as 0000000. Legal title reports for some areas are just for namesake. Some promoters are using a tactic where new title report only mentions a previous title report and just give out current 1 year information. Previous title report is not uploaded. Also one promoter has uploaded all the documents in the form of declaration that he will upload the documents soon. Also not including balconies and 'enclosed' balconies in carpet area has spoiled a lot of sanctioned plans where carpet area has been reduced to very small rooms yet the balconies are shown as room areas in brochures. These are just trivial issues, documentation authentication is out of question. There are a host of more such issues i cant recollect now. School children exam answer papers appear more sophisticated and legible than these. Though there are very very few exceptions where documentation is very good and ideal but not very sure about authentication. So as of currently RERA registration is another buzzword promoters are utilizing for project promotion.