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Friday, February 10, 2017

Temple Rose Real Estate Scam is an Organised Crime...

Temple rose real estate scam is organised crime also. There is team of 15 to 20 persons who are involved in this entire scam. You will find their names almost in every temple rose project as a genuine buyer . But at the same time they are involved in land deals for same or other projects with temple rose directors in all over Maharashtra. They pretend themselves as genuine plot buyers to deceive other genuine investors only.

Image Courtsey timesofindia

And that may be the reason when temple rose real estate scam was exposed so many plot buyers called this writer but very few turned up for the meeting held there after for any further action. This happened because genuine plot buyers are scared & scattered and others were just stooges of the company itself. Unless plot buyer get united, there is hardly any possibility of getting their money back or plot.

Fear of losing money already invested may be another reason that duped investors don’t come forward to take action on such scammers. One person wrote this writer after he read post on Temple Rose city scam. He had bought a plot in their Rose City PH-1, Pingori Project. He had already paid them EMIs for around 2 years and stopped paying since last 1.5yrs.When he visited their office in Pune they again convinced him but asked him to pay the remaining money after they get the NA. He eventually did nothing for 1.5 year. Now how can the plot that was not in possession of Temple Rose Real Estate (TRRE) and the plot Temple Rose Live Stock(TRLS) has already sold can be NA? .

Another example is of rose city Phase VII .Actually Rose city phase I to VI were related to survey no 810 and phase VII was related to survey no 827.As per temple rose website there are still some plots available for sale. However they have already sold all that land . They had done same thing in case of rose city other phases.

Temple Rose have broke almost all laws , rules and regulation regarding land deals and income tax also. Off course they have done all these crimes hand with gloves of public authorities in Maharashtra. Needless to say they why such authorities would have done so. Under the Bombay Tenancy and Agricultural Lands Act, 1948, no person can purchase agricultural land in Maharashtra if he is not a farmer. As well there is ceiling on holding agriculture land by a genuine farmer and ban on dividing agriculture lands. Almost in all the land deals TRRE has executed with registration department there nothing mentioned how money for particular deed was paid or received?

Agreements with plot purchasers are not done properly also .Actually documents for real estate have to be registered at the department of registration. Notarised sale deeds doesn’t bear any value. However notarization was also not done properly. When asked everybody denied that notarization was done before the notary. Attesting affidavits in the absence of its executants or deponents and authenticating instruments without verifying the identity of persons coming for attestation and the fact of execution is illegal. And stamp paper that documents are notarized on has to in the name of either of the parties to the Deed , that has also been not followed by Temple Rose.

So called Transparency is another funny part of Temple rose real estate scam. They have displayed names of the plot holder on their website. There is “ view detail” option to check details of that certain plot. But to view that option you need to have application number. However none of the lot holder this writer came across had such application number.

In the nutshell everybody involved in the activities of Temple Rose Real Estate Scam has played a significant role in its crime and hence it falls in the category of organised crime . Criminal activities that are planned and controlled by powerful groups and carried out on a large scale Fall in that category.

Thursday, December 29, 2016

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

Builder bureaucrat nexus makes Maharashtra RERA Rules nightmare for home buyers

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Friday, December 23, 2016

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.

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Email – kvijay14@gmail.com

Website – http://surajya.org/

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Tuesday, July 9, 2013

Charge sheets against illegal plot buyers will stop disastrous incidences like katraj tragedy

Calm, Private, Luxurious and yet open Farm plots with Sunrise / sunset point, Swimming pool, Landscape garden, Exclusive Developed demarcated plots with Boundary Fencing, forest walks along the periphery and that too on the agriculture land - mostly, on the hill top and hill slopes. Is not this an Ideal location to build dream bungalow? .But wait all this is on proposed N.A (non- agriculture) plot and in No Development Zone. Developers of such lands also claim Clear and Marketable Title in Emerging investment hub and an ideal plot to build your Dream Bungalow and that means Natural way to happiness.

There is nothing harm in dreaming to have such bungalow, as far as every thing is legal and just. However, is this all true? As far as pune is concerned, developers of such properties have cheated thousands of such buyers. The lust of having such property has made many buyers life miserable. However, who is responsible for that? Only developers and government machinery? .Sorry, I beg to differ. Not only developers and government machinery but buyers of such properties are also responsible for such illegal purchases and crime of destruction of environment and death of wadekar mother - daughter duo died in katraj mishap after heavy rainfall. An inquiry is on in this mishap and inquiry committee should hold such property buyers responsible for culpable homicide of wadekars.

प्रती ,

1)मा.श्री. विकास देशमुख

मा.जिल्हाधिकारी .

पुणे ,

2)मा.श्री. महेश पाठक

आयुक्त , पुणे महानगरपालिका

पुणे

विषय - कात्रज दुर्घटनेतील लोकांच्या मृत्यूस कारणीभूत असणा-यांवर गुन्हे दाखल करणे बाबत ...

महोदय,

कात्रज येथे टेकडीवरून जोरदार पावसाचे पाणी आल्याने झालेल्या दुर्घटनेत दोन जणांचा मृत्यू झाला . या दु़र्घटनेस बेकायदा टेकडीफोड करणारे, टेकडीवर बेकायदा बांधकाम करणारे , रस्त्यांच्या नावाखाली टेकड्यांवर चर खणणारे यांच्या बरोबरच माध्यमांनी आणि स्वयंसेवी संस्थांनी अशा बाबी लक्षात आणून दिल्यानंतरही त्याकडे अक्षम्य दुर्लक्ष करणारे अधिकारीही तितकेच जबाबदार आहेत . त्यामूळे या सर्वांवर दुर्दैवी दुर्घटनेतील लोकांच्या मृत्यूस कारणीभूत ठरल्याचे गुन्हे दाखल करण्यात यावेत .

त्याच प्रमाणे केवळ कात्रजच नव्हे तर जिल्हातील सर्वच टेकड्या आणि डोंगर अशाच प्रकारे फोडले जात आहेत आणि त्याकडे प्रशासनाचे अक्षम्य दुर्लक्ष होत आहे. त्याबाबही दुर्घटना घडल्यास सर्व संबधितांवर वरील प्रमाणेच गुन्हे दाखल करण्यात यावेत.

पुण्यात दोन वर्षांपूर्वी बावधन येथे पावसाच्या पाण्याने हाहाकार माजवला होता. त्या दुर्घटनेत सुमारे 11 जण मृत्यूमूखी पडले होते . त्यानंतर पालिकेने त्यासंदर्भात काही उपाययोजना करण्याचे ठरविले होते , परंतु त्या पूर्ण झाल्या नाहीतच. शिवाय त्यानंतरही शहरातील पाण्याचे अनेक नैसर्गीक स्त्रोत, ओढे व नाले अडविण्यात आल्याचे किंवा नष्ट करण्यात आल्याचे दिसून येते .त्यामूळेही भविष्यात पुण्यातही अशाच दुर्घटना घडण्याची शक्यता नाकारण्यात येत नाही.

त्यामूळे पुणे शहर आणि जिल्ह्यात अशा दुर्घटना होउ नयेत यासाठी युद्धपातळीवर कार्यकम घेउन अशा दुर्घटना घडू नयेत यासाठी प्रयत्न करावेत आणि त्यातूनही अशी दुर्घटना घडल्यास त्यासाठी जबाबदार असणा--या सर्व संबधितांवर फौजदारी गुन्हे दाखल करण्यात यावेत. हि विनंती .

कळावे आपले

मे.जन (रिटा) एससीएन जटार विजय कुंभार

नागरिक चेतना मंच सुराज्य संघर्ष समिती

There is reason, why I am saying that buyers of such properties are equally responsible. Since last few years, purchasing capacity of one class mostly related to IT, increased considerably and they subsequently became the potential investors. Having international exposure, this class was well aware of rich peoples' lifestyle worldwide. They also wanted to acquire such life style in India. Some clever cheaters specifically caught these peoples psych and started picturing their dream world. Immediately they got success, but there was more demand than supply. Buyers were, purchasing there dreams without verifying the truth. Such well educated (?) buyers who spent lakhs of rupees on such sham deals did not bother to take legal advice before buying plots.

It was not the case that these buyers were not aware of the illegalities they were doing. They knew that they could not purchase agriculture land, there is ban on subdivision of land, and they cannot do anything in no development zone. There cannot be a thing like proposed N.A land. Land is either agriculture or non-agriculture. Buying or selling agriculture land and claiming some time in future it will become N.A is like marrying minor child claiming that it will become major some time in future.

So many people wrote to authorities about such land deals and illegalities. Newspapers covered the stories. However, not the developers of such lands, government machinery, or the buyers took cognizance of it. They were dot sure about India mein sabkuch chalta hai.It proves that buyers were well aware of the fact what they were doing. Had they not purchased such plots, destruction of environment, hills would have stopped and lives of wadekars would not have lost.

It is evident from the fact that still after katraj mishap nothing has changed. Developers are shamelessly advertising their sham schemes, government machinery is ignoring it, and so-called innocent buyers are purchasing plots in such schemes. Unless people buying stolen property are penalised this business will not stop. Hence, not only in katraj mishap, but in all the special townships, N.A plot schemes where there are illegal things, charge sheets should be filled against all the concerned including buyers.

Friday, February 10, 2017

Temple Rose Real Estate Scam is an Organised Crime...

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Thursday, December 29, 2016

Suggestions & Objection on Maharashtra RERA

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Builder bureaucrat nexus makes Maharashtra RERA Rules nightmare for home buyers

Friday, December 23, 2016

Builder bureaucrat nexus makes Maharashtra RERA Rules nightmare for home buyers

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Tuesday, July 9, 2013

Charge sheets against illegal plot buyers will stop disastrous incidences like katraj tragedy

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