VIJAYKUMBHAR.COM a Project Specific & Private Real Estate Discussion Forum for Affected People

Our Mission is to educate and motivate flat, plot, land buyers to take adequate precaution before and after the investment in real estate projects. Normally people do not dare and unite to ask builders uncomfortable questions or problems they face. VIJAYKUMBHAR.COM is the place where people without disclosing their identity can discuss on the projects they have invested in. Unless affected people unite they are not able to take proper step in case of any problems. This forum will be for discussion as well as for guidance from other  members and team of vijaykumbhar.com. Members of particular forum will decide on their own to take  or not any action regarding that specific project if needed.This is a subscription based forum . 

Time and again, government brings in restrictions and imposes prohibitions to protect buyers of property, be it land, plot, apartments or bungalows. Despite that, scams and scandals keep surfacing on a regular basis. Builders and project proponents of plotting schemes, find loopholes in laws and regulations, play different tricks, play with words, and give deceptive promises and so on. They run scams like selling proposed N-A Plots, Villa plots, farmhouses, affordable housing, promising to double your money by investing in plotting or plantation schemes  etc. They never fulfill promises they give to flat buyers. They appoint smart staff and agents. Most of the time, staff and agents get paid more than what they deserve and hence they don’t hesitate to deceive own relatives or acquaintances.

It is not the case that government official don’t understand or are not aware of such cases but they are hand in glove with promoters of such schemes and land mafias and so they turn a blind eye to such crimes. For buyers or small investors, it is difficult to know what is right and what is wrong. They do not understand how to move forward if there is problem with a project they have invested money in or if they have bought a flat. So what is the remedy?

One should always take ample care before investing in any scheme. Discuss it before & after investing in it. But the basic problem is buyers or small investors of such schemes are always scared and scattered. They do not dare to ask anything to builders or promoters of such schemes.

To discuss such matters we introduce VIJAYKUMBHAR.COM, a project specific private discussion forum. In this forum, members are supposed to share the information and discuss regarding that specific real estate project only. That will help, proposed or existing buyers to find out the truth, factual problems of specific real estate projects and to decide future course of action, if any.

We assure complete secrecy of member’s identity and also assure that we will not allow any building or plotting project to advertise on VIJAYKUMBHAR.COM unless we are satisfied with the credentials of that particular project.

To enable  team of VIJAYKUMBHAR.COM to guide forum, initially we will start forums on projects in Pune and Mumbai revenue area only. That means these forums will be for existing and proposed  residential, plotting or any other real estate  projects in  Pune , Mumbai, Navi Mumbai, Thane , Palghar, Satara , Sangli, Kolhapur, Ratnagiri, Raigad, Sindhudurg and Sholapur districts only

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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

Website – http://vijaykumbhar.com

                   http://surajya.org/

Email     – kvijay14@gmail.com

Facebook - https://www.facebook.com/kvijay14

Twitter    -  https://twitter.com/Vijaykumbhar62

YouTube - https://www.youtube.com/user/kvijay14

Suggestions & Objection on Maharashtra RERA

To,
Principal Secretary,
Housing Department, Mantralaya,
Mumbai 400 032

Sub – Suggestions and objection on the Maharashtra Real Estate
(Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website) Rules, 2016

Dear Sir,
As per gazette notification dated 8 December 2016 . I am sending my suggestion and objections on Maharashtra Real Estate(Regulation and Development)(Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website) Rules, 2016

I raise my serious objection on the email id itself because the way it has been created is mischievous act . In this suggesstionsonrera@maharashtra.gov.in id spelling of suggestion deliberately ‘SS” has been put before “t” . This has been done to prevent people from giving suggestions and objections.



My suggestions to the rule are,

1)It is not new that builders have exploited homebuyer in this country since long. Most of the time individual buyers were cornered, threatened and coerced to give up their rights, silenced and intimidated. There are very few buyers who dare to lodge complaint against builders. Proposed rules also designed to prevent buyer from filling a complaint. For filing a complaint or an appeal with the Authority, a complainant will have to pay a fee of Rs 10,000. Actually in central rules fee of Rs 1,000 is stipulated. Ther is adequate provision in act to penalise frivolous complaints. Questions arise on the need for imposing a fee burden on already aggrieved complainants.  Hence these fees should be waived off .


2)In model form of agreement to sale there is one very dangerous provision  . If the Allottee fails to rectifies the breach or breaches mentioned by the Promoter within the period of notice then at the end of such notice period, promoter shall be entitled to terminate the Agreement and upon termination of this Agreement the Promoter, shall be at liberty to dispose of and sell the Apartment to such person and at such price as the Promoter may in his absolute discretion think fit. The notice period will of seven days and by email. And after notice period is over promoter shall be at liberty to dispose of and sell the Apartment only to such person and at such price as the Promoter may in his absolute discretion think fit. Hence there should be ample provision so that builder / promoter would not be able to mischievous or frivolous complaint of breach of agreement

3)There is more dangerous proviso ahead, that upon termination of the Agreement as aforesaid, the Promoter shall refund to the allottee within a period of six months of the termination. That too subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to Promoter. Promoter is entitled to do this at any time of agreement period. That means even if buyer has paid 90% of the amount promoter can terminate the agreement on any ground. And refund will be without interest. This provision should be changed and promoter builder should refund amount immediately and if payment is delayed there should interest plus heavy penalty.

4)The central rules while registering the project with authority registration fee of rupees ten per square meter for residential projects where the area of land proposed to be developed does not exceed one thousand square meters; or rupees twenty per square meter for residential projects where the area of land proposed to be developed exceeds one thousand square meters has been proposed. And for commercial or any other projects rupees fifty per square meter for  where the areaof land proposed to be developed does not exceed one thousand square meters; or rupees one hundred per square meter where the area of land proposed to be developed exceeds one thousand square meters has been proposed .

However in Maharashtra rules for the same area registration fee of only one and two rupees has been proposed for residential project and no fee has been proposed for commercial projects.

Furthermore in central rules to prevent extension for completion of  project double of the fee for registration has been proposed while in Maharashtra rule it has been kept as it is for registration of project. All above provisions should be like central rules only


5)To protect buyers from being deceiving by real estate agents, the central  Rules mandate the revocation of registration of real estate agent in case of any default while Maharashtra rules allow fresh application for grant of registration cannot be made again only after a period of six months by such real estate agent. If such provision is allowed agents will happily allow to revoke their registration as profit made by them by deceiving innocent buyers will much more than revocation of registration. In this case agents whose licence is revoked should not be allowed to enter into same business once again


6)In central rules to prevent discrimination of allotees mandates the promoter to submit the declaration to be submitted that the promoter shall not discriminate against any allottee at the time of allotment of any apartment, plot or building, as the case may be.In Maharashtra rules this provision has not been included at all .This provision should be included in Maharashtra rules

7)Central rules mandate promoter wile registering the project with authourity to give brief details of the projects launched by the promoter in the last five years, whether already completed or being developed, as the case may be, including the current status of the said projects, any delay in its completion, details of cases pending, details of type of land and payments pending etc.
In Maharashtra rules in information related to the current status of the said projects, any delay in its completion, details of cases pending, details of type of land and payments pending etc has been deleted.
As well information related to audited balance sheet of the promoter for the preceding financial year and income tax returns of the promoter for three preceding financial years; and copy of balance sheet has also been deleted in Maharashtra rules. .These provision should be included in Maharashtra rules

8) As per central rules In case the promoter applies for withdrawal of application for registration of the project before the expiry of the period of 30 days registration fee to the extent of ten percent paid or rupees fifty thousand whichever is more, shall be retained as processing fee by the regulatory authority and the remaining amount shall be refunded to the promoter within thirty days from the date of such withdrawal. In Maharashtra rules amount of retaining money has to be decided by regulatory authority. .This provision should be included in Maharashtra rules

9) There is also ambiguity in the definition of land cost and construction cost to be withdrawn from escrow account. These ambiguities should be removed

Related Stories

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

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

Website – http://surajya.org/

Facebook - https://www.facebook.com/kvijay14

Twitter -  https://twitter.com/Vijaykumbhar62

YouTube - https://www.youtube.com/user/kvijay14

Builder bureaucrat nexus makes Maharashtra RERA Rules nightmare for home buyers

The primary object to enact the Real Estate Act was to protect the interest of consumers in the real estate sector and to establish an adjudicating mechanism for speedy dispute redressal, establish the Real Estate Regulatory Authority for regulation and to ensure sale of plot, apartment or Building in an efficient and transparent manner. However the draft rules framed by government of Maharashtra are contrary to the basic objective of the act. Instead of protecting buyers rights the rules if passed as it is, will intimidate consumers and help promoters.

Image courtesy http://timesofindia.indiatimes.com/

The last date of filling suggestion and objection on The draft Maharashtra Real Estate (Regulationand Development) (Registration of Real Estate Projects, Registration of RealEstate Agents, Rates of Interest and Disclosures on Website) Rules, 2016(“Draft Rules”) ends today i.e. 23rd December, 2016. The people concerned with drafting these rules have taken adequate care so that people should not file much suggestions and objections. Even though it is mandatory these rules are not published in Marathi language. It was expected that the Draft Rules would be based on the Centre’s rules for the Union Territories .Butit seems that the literary genius in Mantaralaya have adopted rules framed by Builder/promoters.

It is not new that builders have exploited home-buyer in this country since long. Most of the time individual buyers were cornered, threatened and coerced to give up their rights, silenced and intimidated. There are very few buyers who dare to lodge complaint against builders. Proposed rules are designed to prevent buyer from filling a complaint. For filing a complaint or an appeal with the Authority, a complainant will have to pay a fee of Rs 10,000. Actually in central rules fee of Rs 1,000 is stipulated. There is adequate provision in act to penalize frivolous complaints. Questions arise on the need for imposing a fee burden on already aggrieved complainants. 

In model form of agreement to sale there is one very dangerous provision. If the Allottee fails to rectify the breach or breaches mentioned by the Promoter within the period of notice then at the end of such notice period, promoter shall be entitled to terminate the Agreement and upon termination of this Agreement the Promoter shall be at liberty to dispose of and sell the Apartment to such person and at such price as the Promoter may in his absolute discretion thinks fit. The notice period will of seven days and by email only.

There is more dangerous proviso ahead, that upon termination of the Agreement as aforesaid, the Promoter shall refund to the allottee within a period of six months of the termination. That too subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to Promoter. Promoter is entitled to do this at any time of agreement period. That means even if buyer has paid 90% of the amount promoter can terminate the agreement on any ground. And refund will be without interest.

In central rules while registering the project with authority registration fee of rupees ten per square meter for residential projects where the area of land proposed to be developed does not exceed one thousand square meters; or rupees twenty per square meter for residential projects where the area of land proposed to be developed exceeds one thousand square meters has been proposed. And for commercial or any other projects rupees fifty per square meter for where the area of land proposed to be developed does not exceed one thousand square meters; or rupees one hundred per square meter where the area of land proposed to be developed exceeds one thousand square meters has been proposed.

However in Maharashtra rules for the same area registration fee of only one and two rupees has been proposed for residential project respectively and no fee has been proposed for commercial projects.

Furthermore in central rules to prevent extension for completion of project double of the fee for registration has been proposed while in Maharashtra rule it has been kept as it is for registration of project.

To protect buyers from being deceiving by real estate agents, the central  Rules mandate the revocation of registration of real estate agent in case of any default, while Maharashtra rules allow fresh application for grant of registration after a period of six months only. If such provision is allowed agents will happily allow to revoke their registration as profit made by them by deceiving innocent buyers will much more than revocation of registration.

In central rules to prevent discrimination of allotees mandates the promoter to submit the declaration to be submitted that the promoter shall not discriminate against any allottee at the time of allotment of any apartment, plot or building, as the case may be. In Maharashtra rules this provision has not been included at all. This provision may have been made to through Maharashtra people to through out of Mumbai

Central rules mandate promoter wile registering the project with authority to give brief details of the projects launched by the promoter in the last five years, whether already completed or being developed, as the case may be, including the current status of the said projects, any delay in its completion, details of cases pending, details of type of land and payments pending etc.

In Maharashtra rules in information related to the current status of the said projects, any delay in its completion, details of cases pending, details of type of land and payments pending etc. has been deleted. As well information related to audited balance sheet of the promoter for the preceding financial year and income tax returns of the promoter for three preceding financial years; and copy of balance sheet has also been deleted in Maharashtra rules

As per central rules In case the promoter applies for withdrawal of application for registration of the project before the expiry of the period of 30 days registration fee to the extent of ten percent paid or rupees fifty thousand whichever is more, shall be retained as processing fee by the regulatory authority and the remaining amount shall be refunded to the promoter within thirty days from the date of such withdrawal. In Maharashtra rules amount of retaining money has to be decided by regulatory authority.

There is also ambiguity in the definition of land cost and construction cost to be withdrawn from escrow account.

In the nutshell Maharashtra real estate rules 2016 may have been framed by some builders and if passed as are will create havoc in real estate sector.

 Subscribe for Free

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

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

Email – kvijay14@gmail.com

Website – http://surajya.org/

Facebook - https://www.facebook.com/kvijay14

Twitter -  https://twitter.com/Vijaykumbhar62

YouTube - https://www.youtube.com/user/kvijay14