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Tuesday, April 25, 2017

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

The Real Estate Act (REA) was brought to protect the interest of consumers in the real estate sector . However literary genius of mantralay have made mockery of it. Literary genius are those persons in Maharashtra mantralay who make mockery of good laws by cleverly drafting rules or issuing circulars without any authority. Earlier they did it with The Right to information act and The Right to Services Act. Now their latest victim is The Real Estate Act. The way rules of this act are drafted clearly indicate that these literary genius have acted as stooges of builder lobby.These rules give an open licence for builders to strangulate innocent real estate consumers.Compared to other states only Maharashtra has given such discretionary powers to the builders.

For English Rules See Page No 89 to 152

To protect the interest of consumers in the real estate sector the REA mandates the builders and Real Estate Regulatory Authority ( RERA) to publish certain information regarding credentials of builders and their projects on the website .However latest Maharashtra rules give discretionary powers to builder of what to publish and what not to publish.

Most the times builder creates false picture of their project and cheat innocent flat buyers. To avoid this and to enable consumer to lodge his complaint , section 11 of REA mandates builders promoters to create their web page on the website of the RERA and enter all details of the proposed project. These details include plan of proposed project, proforma of the allotment letter, agreement for sale, the conveyance deed proposed to be signed with the allottees, drinking water facilities, number, type and the carpet area of apartments for sale etc.As well, section 34 of REA mandated RERA to publish and maintain a website of records, for public viewing, of all real estate projects for which registration has been given, with such details as may be prescribed, including information provided in the application for which registration has been granted.

34. The functions of the Authority shall include—

(b) to publish and maintain a website of records, for public viewing, of all real estate projects for which registration has been given, with such details as may be prescribed, including information provided in the application for which registration has been granted

However contrary to the basic Act clause 20 Maharashtra Real Estate Rules give extraordinary powers to the builders. It says RERA should publish only those things that builders allow them to publish.

20. Details to be published on the website regarding real estate projects.- (1) For the purpose of clause (b) of section 34, the Authority shall ensure that all the disclosures made by the promoters to the authority with regard to the Real Estate project for which registration has been given, shall be made available on its website, except for the following:

(i) Details provided under clauses (b), (e), (g), (h), (i) and (l) of sub-section (2) of

Section 4;

(ii) Details provided under sub-rule (2) of rule 3 of these Rules.

Clauses (b), (e), (g), (h), (i) and (l) of sub-section (2) of Section 4 cover following information

(b) a brief detail of the projects launched by him, in the past 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; Prior registration of real estate project with Real Estate Regulatory Authority. Application for registration of real estate projects.

(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;

(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 veranda 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;

(l) a declaration, supported by an affidavit, which shall be signed by the promoter or any person authorized by the promoter, stating:—

(A) that he has a legal title to the land on which the development is proposed along with legally valid documents with authentication of such title, if such land is owned by another person;

(B) that the land is free from all encumbrances, or as the case may be details of the encumbrances on such land including any rights, title, interest or name of any party in or over such land along with details;

(D) that seventy per cent. of the amounts realized for the real estate project from the allottees, from time to time, shall be deposited in a separate account to be maintained in a scheduled bank to cover the cost of construction and the land cost and shall be used only for that purpose: Provided that the promoter shall withdraw the amounts from the separate account, to cover the cost of the project, in proportion to the percentage of completion of the project: Provided further that the amounts from the separate account shall be withdrawn by the promoter after it is certified by an engineer, an architect and a chartered accountant in practice that the withdrawal is in proportion to the percentage of completion of the project: Provided also that the promoter shall get his accounts audited within six months after the end of every financial year by a chartered accountant in practice, and shall produce a statement of accounts duly certified and signed by such chartered accountant and it shall be verified during the audit that the amounts collected for a particular project have been utilized for the project and the withdrawal has been in compliance with the proportion to the percentage of completion of the project. Explanation.— For the purpose of this clause, the term "schedule bank" means a bank included in the Second Scheduled to the Reserve Bank of India Act, 1934;

(E) that he shall take all the pending approvals on time, from the competent authorities;

(F) that he has furnished such other documents as may be prescribed by the rules or regulations made under this Act; and (m) such other information and documents as may be prescribed.

And Sub-rule (2) of rule 3 of these Rules cover following

(a) Authenticated copy of the PAN card of the promoter;

(b) Name, photograph, contact details and address of the promoter if he is an individual or authorized representative; or the name, photograph, contact details and address of the chairman, partners, directors, as the case may be, and the authorized representative in case of other entities.

(c) A copy of the legal title report reflecting the flow of title of the owner or promoter to the land on which development is proposed, with authentication of such title by practicing advocate;

(d) Where the promoter is not the owner of the land on which development is proposed, a copy of the collaboration agreement, development agreement, joint development agreement or any other form of agreement, as the case may be, entered into between the promoter and such owner, reflecting the consent of the owner of the land and authenticated copies of legal title report reflecting the title of such owner, on the land proposed to be developed;

(e) The information relating to the encumbrances in respect of the land where the real estate project is proposed to be undertaken and the details regarding the proceedings which are sub-judice (if any) in respect of such land;

(f) (i) sanctioned plan where the project is being developed along with information relating to the FSI/ TDR and other entitlements which are proposed to be utilized in accordance with the relevant Development Control Regulations for the time being in force, for carrying out such sanctioned plan and the amenities and common facilities (including common areas, parking spaces) to be provided in accordance with the

sanctioned plan;

(ii) the Proposed Plan, Proposed Layout Plan of the whole project and Floor Space Index proposed to be consumed in the whole project, as proposed by the promoter;

(iii) proposed Floor Space Index to be consumed and sanctioned Floor Space Index. In case the sanctioned Floor Space Index is different than what is proposed to be consumed by the promoter, then the proposed Floor Space Index shall be disclosed at the time of registration and as and when the Floor Space Index is sanctioned, the same shall be uploaded on the website of the Authority by the promoter from time to time;

(iv) proposed Number of building(s) or wing(s) to be constructed and sanctioned number of the building(s) or wing(s). In case the sanctioned number of building(s) or wing(s) is different than what is proposed to be constructed by the promoter, then the proposed number of building(s) or wing(s) shall be disclosed at the time of registration and as and when the additional number of building(s) or wing(s) are sanctioned, the same shall be uploaded on the website of the Authority by the promoter from time to time;

(v) proposed number of floors in respect of each of the building or wing to be constructed and sanctioned number of floors in respect of each of the building or wing. In case the sanctioned number of floors is different than what is proposed to be constructed by the promoter, then the proposed number of floors shall be disclosed at the time of registration and as and when the additional number of floors are sanctioned, the same shall be uploaded on the website of the Authority by the

promoter from time to time;

(vi) Aggregate area in sq. meters of the recreation open space;

(vii) The number of covered parking spaces,

(g ) the particulars in respect of Architecture and Design Standards, Type of construction Technology, Earthquake Resistant Measures and the like to be adopted for Buildings and for Common Areas and of amenities / facilities in the Layout Plan of the real estate project;

(h) the nature of the organization of allottees to be constituted and to which the title of such land parcels is to be conveyed and the specific local laws to govern such organization of allottees on completion of real estate project;

(i) the promoter shall also provide such other information and documents, as may be required by the Authority under these rules or the regulations.

If all this information is excluded from publishing , what remains to publish? . And without this information how the consumer is supposed lodge his/her grievance or ask for the justice? .In the nutshell, builders wanted to keep away consumers from the affairs of REA and to keep it the matter between RERA and them only. They have succeeded in it by making rules favorable to them only.

Another major factor is, as per REA where the area of land proposed to be developed does not exceed five hundred square meters or the number of apartments proposed to be developed does not exceed eight inclusive of all phases are not supposed to be registered with RERA. However in Maharashtra rules the way registration fee has been described is quite confusing.It say "At the time of application for registration, the promoter shall pay a registration fee, calculated on the area of the land proposed to be developed at the rate of, rupees ten per square meter, subject to a minimum of rupees fifty thousand only and a maximum of rupees ten lakhs". What does that mean. Does that mean all the projects above five thousand square meter only are to be register with RERA or even if project is of less than five thousand square meter he has to pay fee of fifty thousand? .Rules are silent on whether project below five hundred square meter are to be registered with RERA or not. Like wise why the projects between five hundred and five thousand square meter should bear additional burden of fees. There are thousands of projects fall in this category. (For project of one thousand square meter registration fee should be ten thousand rupees but because of minimum limit of fifty thousand he will have to bear additional burden of forty thousand rupees) contrary to that even if bigger projects like town ships that run in to more that hundred acres will pay much lower amount because of ceiling of ten lakh rupees.

Reduction in penalty charges for compounding of offences uder the act is another issue that builders managed to insert inthese rules

Even after Union housing minister Venkaiah Naidu’s warnings serious implications in case of any compromise with REA to the state governments, Government of Maharashtra has diluted provisions of it. Naidu had also termed watering down of the legislation by states as anti-people. Now as the the new REA rules have come in to force only thing people of Maharashtra can do is to write to Venkaiah Naidu for immediate intervention or go to the court of law.

Thursday, April 13, 2017

Pune Civic Polls; system admits mistakes, terms it "human errors"

In a shocking revelation, Returning Officer ( RO) of Pune civic polls has admitted that ballot units ( BU) were changed and mock poll was conducted one day before actual polling in absence of candidates or their representatives .In an explanation to this writer’s earlier post “EVMs may not be but system is vulnerable to fraud” and in a reply to candidate of ward no 33, the returning officer ( RO) has admitted many mistakes during election process , but has termed those as human errors. RO’s explanation has raised more doubts about election process that was conducted for Pune Municipal Corporation in February 2017.

As all the ballot units (BU) and control units ( CU) were sealed and kept in tight security (?) question of any change in it does not arise at all. However on actual polling day (21st February) when polling staff opened BUs serial no’s of BUs were different from those recorded and sealed on 2^nd randomization of EVMs i.e. 15th February. In polling station no 10,12,28, 49 and 50 BU numbers were P44052, P 43551, MO22334, P143888 & P14390 respectively .But on actual poling day those were P14992, P11947, MO23334, P 14386 & Mo 27617 respectively . If on voting day Ballot units are found faulty they can be changed after following proper procedure. Then how come and when these ballot units were changed?

In an answer to this question of candidate RO has categorically said that BUs were changed one day before polling day and on same day mock poll was conducted in absence of candidates or their representatives. In Marathi he has said उपरोक्त बदल हे दि २०/२/२०१७ रोजी मतदान केंद्राध्यक्ष यांनी मतदान केंद्रावर पोहचल्यानंतर रात्री उशीरा मॉकपोल बॅलेट युनिटमधील बटण मध्ये तांत्रिक अडचण उद्भवल्यामुळे झोनल अधिकारी यांचेकडे उपलब्ध करून दिलेल्या राखीव बॅलेट युनिटचा वापर करण्यात आला आहे . वेळेअभावी या बाबतची सुचना उमेदवार किंवा उमेदवार प्रतिनिधी यांना देण्यात आली नव्हती.

That means , Such changes were made because after arriving late night on 20/2/2017 on polling station, the technical difficulty was observed by presiding officer in a button of ballot unit and hence reserved BUs provided by zonal officer was used . Due to time constraint this was not communicated to candidate or their representatives.How come presiding officer goes to Polling station one day erlier of actual poll, changes the Bus and conduct mock poll in absence of candidates or their representatives?

Normally as per election procedure mock poll is conducted thrice. 1^st at first Randomization of ballot and control units in presence of representatives of political parties,2^nd at the time of second randomization and candidate setting in presence of candidates or their representative and 3^rd on actual polling day before polling starts. So question of mock poll on day before actual polling day doesn’t arise at all. The major question is, if such mock poll was conducted in all the civic poll constituencies or how?. If mock poll was conducted for all ballot units in Pune polls in absence of candidate then this is very serious matter.

Actually as per election procedure When the EVMs are taken out of the strong room for dispatch, they have to inform the date and time of opening of strong room in writing to the candidates or their representatives. In a communication to this writer RO has mentioned that all CU & BU were changed at the time of dispatch only so presiding officer has not mentioned the change in his diary.This is something ridiculous . Polling party is not supposed to touch any ballot unit button or take mock poll while taking possession of election material.

If any defect arises in the Ballot Unit (BU)or Control Unit (CU) of the EVM during poll process, it is mandatory to replace the entire set of EVM (both BU & CU) by new set of EVM (BU & CU).And presiding officer has to record the reasons of replacing CUs or BUs in his diary. In instant case presiding officer has not recorded any reason for changing BUs in his diary.

There are some other serious issues that RO has termed them as human error. In ward no 33 in around 21 polling stations sequence of BU was changed. on 15th February as per procedure EVMs were checked randomized , allotted polling station wise, sequence wise and sealed in presence of candidate or their representatives. Sequence of candidates was also set on the same day .Copies of serial no of polling station wise ballot units (Bu) , Control unit and sequence of candidates set were given to candidate.

As per rules Ballot Unit should be connected to control unit according sequence allotted to them only. Changing that sequence amounts to exchange of votes to another candidates. On upper right side of ballot unit there is slide switch that indicates sequence No of ballot unit . Polling staff wrote the sequence as they saw it on BU. Then how come sequence of ballot unit was changed and who changed it ?.This amounted to interchange of BUs. This has happen in 21 polling stations . This Number is very high. RO says this was human errors. If his version has to be admitted then Election commission has to admit that the staff on election duty was poorly trained or under educated.

In the upgraded model of the voting machines in case of change in sequence of ballot unit linking error appears on the display panel of the control unit. The linking error can be set right by interlinking the Ballot Units in the proper sequential order. Now election commission has to clarify whether EVM used in pune civic polls were of upgraded version or not and whether staff on election duty was poorly trained or under educated.

Election commission of India has clarified that in case of elections to Municipal bodies or Rural bodies like Panchayat Elections, the EVMs used do not belong to the Election Commission of India. Above local bodies elections come under the jurisdiction of State Election Commission/s (SECs), which procure their own machines and have their own handling system. ECI is not responsible for functioning of EVMs used by SECs in above elections. In my entire posts on election I have not blamed the EVMs but what about the system that handle the EVMs. Is that different in case of election commission of India?

Thursday, March 30, 2017

EoW Pune to Have Dialogue With Investors of Temple Rose Real Estate

Earlier Investors in temple rose real estate (TRRE) schemes were running from pillar to post when they realized cheating. But things were not going in positive way because the stooges of company were already mixed with them pretending themselves as gullible investors. These stooges were misguiding real investors.However Now Economic offences ( EoW) wing of Pune Police has taken positive initiative and has decided to have dialogue with investors of TRRE investors.The dialogue will be held at the conference hall at headquarters of pune police in camp at 9.30 AM to 11.oo AM on Saturday 1^st april 2017.Inspector Rajesh Puranik ( Phone No 9870196071) of EoW will listen investors complaints

Image courtsey canstockphoto.com

The basic problem with such investors is that, they never see or insist for correct document when they invest. This thing becomes hurdle in to file or lodge a complaint.The operators of such schemes promise victims high returns on their investments but instead of investing their funds, the perpetrator use their commitments to pay off earlier losses and take a cut for themselves. As the scheme progresses, the number of victims and the size of their combined losses grow exponentially.These operators 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 .

Image courtsey politicalgraffiti.files.wordpress.com

Saturday meeting is for TRRE investor. We will keep on discussing investments in so called proposed N-A Plots, Villa plots, farmhouses , affordable housing, double your money by investing in plotting or plantation schemes etc. in RTI KATTA. RTI KATTA is a platform to empower oneself through discussions amongst each other to solve their problems by using Right to Information and other acts, Every Sunday at Chittaranjan Watika, Model Colony,Shivaji nagar, Pune, between 9.30 to 10.30 A.M.

Relate Stories

Temple Rose Plotting Scam Exposed

Lust of gullible investors for heavy returns is the reason behind flourishing fraud investment schemes

Number of fools who want to get cheated is multi million times more than the actual cheaters in Ponzi Investment

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Thursday, March 16, 2017

EVMs may not be but system is vulnerable to fraud ...

While Arvind Kejriwal and Mayavati are criticizing Electronic Voting Machines Anna Hazare has ridiculed these accusations of sore loser.No doubt Electronic Voting Machines (EVM) are safe in protected environment and there may be rival arguments on whether EVMs are vulnerable to fraud or not.There are several possibilities that definitely raise doubts. In this post I don’t want to make any allegations but want to put plain facts that point the finger at entire procedure followed in Pune Municipal Corporation (PMC ) elections. These facts are based on documents provided by election department. Election commission has to clarify on those doubts.

In ward no 33 around 5 ballot units were changed without any reason or notice to candidates and in same ward in around 21 booths sequence of ballot unit was changed. However due to lack of awareness nobody complained. This is something very serious. Before actual voting day EVM's were sealed in presence of candidates or their representatives. So question of change of ballot units or their sequence doesn't arise at all.

This time in PMC elections were conducted panel wise.Each ward electors had to elect 4 candidates. Elections were conducted in February 2017. 21 February was actual voting day and on 23 results were declared. But before that on 15^th February as per procedure EVMs were checked randomised , allotted booth wise, sequence wise and sealed in presence of candidate or their representatives. Sequence of candidates was also set on the same day .Copies of serial no of booth wise ballot units (Bu) , Control unit and sequence of candidates set were given to candidate. ( see Annexure 1).

As all the BU and CU were sealed and kept in tight security question of any change in it does not arise at all. However on actual polling day (21^st February) when polling staff opened Ballot units serial no’s of units were different from those recorded and sealed on 15^th February. In booth no 10,12,28, 49 and 50 Ballot unit numbers were P44052, P 43551, MO22334, P143888 & P14390 respectively (see Annexure 1).But on actual poling day those were P14992, P11947, MO23334, P 14386 & Mo 27617 respectively ( Annexure2) . If on voting day Ballot units are found faulty they can be changed after following proper procedure. Then how come these ballot units were changed ? Isn’t this serious?.

Control Unit numbers are also different in booth no 24 and 30 in copy handed over to candidate those were M22232 and M 21591 but on actual polling day those were changed to 7507 and 21595 respectively ( Annexure 3). In some cases on polling day control unit or ballot unit numbers were not recorded at all ( Annexure 4)

Sequence of ballot units was also changed in almost 20 booths. As per rules Ballot Unit should be connected to control unit according sequence allotted to them only. Changing that sequence amounts to exchange of votes to another candidates. In ward no 33 almost on 20 booths sequence of ballot units was changed. In booth no 1,5,8,11,15, 17,18,2224,32,40,54,57,62,65,66,71,76 and 79 ballot unit 1 was connected to 2 and 2 to 1 (Annexture 5). This is also serious because machine doesn’t read panel number or names of candidates . It reads numbers serially.

In the nutshell somebody from the system itself or from outside had access to the sealed machines and strong rooms. Election commissions has to clarify on these issues.

Reshma Bhosale’s Candidature is Abuse of Election Procedure

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Thursday, March 9, 2017

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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Saturday, February 18, 2017

Co Operative Societies Are Bound To Supply Information Under RTI - Bombay HC

In a recent land mark development Nagpur bench of Bombay high court has ruled that urban cooperative banks, cooperative financial institutions, Patpedhis and other cooperative societies are bound to supply information under Right to information act ( RTI) . After supreme court’s order in Thalappalam Ser.Coop.Bank Ltd.vs State Of Kerala all the public authorities and PIO’s I were blatantly saying that RTI act was not applicable to co operative societies.Actulally even in Thalappalam case the apex in paragraph 52 of its judgment had categorically said that the PIO of Registrar of Cooperative Societies is duty bound to supply the information which his department can have access under the Cooperative Societies Act from a Society . But even then PIO’s and co operative societies were denying the information sought under RTI.

The Bombay high court in it judgement ha categorically said that “The provisions of the Maharashtra Cooperative Societies Act if read with the definition of information given in section 2(f) of the Act, it can be said that everything which is mentioned in the definition of information needs to be supplied by the cooperative institution to the authority created under the Cooperative Societies Act. The definition of 'Public Authority' given in section 2(h) shows that such public authority can be created by any law made by the State Legislature. It is already observed that the officers like Registrar and his subordinate officers are appointed under the Cooperative Societies Act and they have the control over the aforesaid things.”

The court also observed that cooperative institutions, are registered under the Maharashtra Cooperative Societies Act, 1960. They are bodies created by the statute. But right from the registration till the liquidation there is control over these institutions of the authority created under the same Act.

The petitioner the association of Jalgaon Zilla Urban Cooperative Banks, Credit Societies and other financial institutions registered under the Maharashtra Cooperative Societies Act 1960 had filed a petition requesting court to Hold and declare that the urban cooperative banks, cooperative financial institutions, Patpedhis and other cooperative societies which are registered under the Maharashtra Cooperative Societies Act 1960, are not the public authorities within the meaning of Section 2(h) of the Right to Information Act. Their contention was that in view of the provision of section 34A of the Banking Regulation Act, 1949 these institutions were not bound to disclose certain information which, according to them, was confidential in nature. It was also contented that those institutions were not receiving financial aid from the Government directly or indirectly and so the provisions of the Act cannot be made applicable to them

Petitioners had also requested High Court to restrain the officers of the cooperative department and their subordinates from supplying any information to the members or general public, which is, according to the said societies is confidential in the commercial interests of the said societies and for that purpose issue necessary orders.

The Bombay High court denying all the reliefs claimed by petitioners also referred to apex courts views in jayantilal mestry case in which the supreme court had said that RBI was supposed to uphold public interest and not the interest of individual banks. RBI is clearly not in any fiduciary relationship with any bank.

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, February 9, 2017

Reshma Bhosale’s Candidature is Abuse of Election Procedure

It seems that corporator Reshma bhosale’s candidature for elections is always dangerous for officers . Last time after winning municipal election she had to face property tax receipt forgery case. FIR was lodged against her along with her husband MLA Anil Bhosale and some officers of pune municipal corporation. This time even after high court decision in her candidature case dust doesn’t seem to be settled down. Facts placed before high court in this case raise more doubts and may be troublesome for some officers.

In this case counsel appearing for the Election Commission submitted that as the Returning Officer was not decisive as to whether she should accept the nomination paper of Reshma Bhosale as independent or as a candidate belonging to Bharatiya Janata Party ( BJP),she sought guidance from the Election Commission through the Commissioner of Corporation. However actually on Saturday i.e. on 4^th February itself the returning officer of Panel No. 7 had rejected Reshma Bhosale's nomination as a candidate of the ( BJP). The reason cited was that Bhosale submitted her nomination as a Nationalist Congress Party (NCP) candidate, but submitted A and B forms of BJP.

It was also submitted in High court that returning officer in her communication to chief election officer had clearly mentioned and indicated that she had accepted the nomination paper of both the candidates, Satish Bahirat and Reshma Bhosale as valid as independent candidates.

In this case HC observed that once returning officer had taken decision to accept nomination paper there was no occasion for the Returning Officer to pass a separate order accepting the same nomination paper twice.

The big question is, once decision was taken why would returning officer seek further guidance from higher authorities. If she wanted any guidance she would have asked it before rejecting Reshma Bhosale’s claim for candidature of BJP on 4^th February itself. On that day she had heard rival arguments and had rejected Reshma Bhosale’s claim then how come they say that returning officer was not decisive?

Now there are two possibilities that chief election office kunal kumar sought guidance from state election commission .First possibility is that returning officer Vijaya pangarkar even after decision was taken asked for the further guidance from state election commission through kunal kumar and then changed her decision of declaring Reshma Bhosale as independent candidate. And second possibility is Pune municipal commissioner kunal kumar on his own sought guidance from state election commission and then asked returning officer vijay pangarakar to change her decision.

In both the cases favouritism and abuse of election process is there.Kunal Kumar while speaking to media had described this case as unique case. However there was nothing unique in that . In every elections hundreds of candidates file their nominations expecting nomination from parties. But when they don’t get AB form their candidature is declared as independent. Reshma bhosale’s case was the same. The only unique thing in it was she had BJP’s AB form in hand. That AB form compelled all officers to abuse the process of election.

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Friday, January 27, 2017

RTI Katta on Pune - Maharashtra Real Estate Scams

Now a days thieves & dacoits don’t live in jungles or valley’s. They have established air-conditioned offices in cities. From there they run scams like selling proposed N-A Plots, Villa plots, farmhouses , affordable housing, double your money by investing in real estate etc. They appoint smart staff and agents. Most of the time staff and agents are get paid more than what they deserve and hence they don’t hesitate to deceive own relatives or acquaintances .

Most of the time instead of running away from government authorities these people make government authorities partners in scams. In all this , common people get suffered. So what is the remedy ? What to do if you got deceived. We will discuss all this on RTI ( Right to Information) Katta this Sunday. The RTI Katta is an informal platform to learn the use of RTI, the tool to fight causes that directly affect the citizens.Katta is held every Sunday.

Right to information Katta. Sunday 29 January 2017, Chittaranjan Vatika, Model colony, Shivajinagar, Pune Time .9.30 AM to 10.30 AM

Tuesday, January 24, 2017

Temple Rose Plotting Scam Exposed

First they bought 176 hectors of land on one companies name, launched so called proposed non-agricultural land plotting project in another company’s name and then sold all the 176 hectors to different persons. Thus deceived thousands of investors. Recently Economic offences wing ( EoW) has registered Rs 90-crore investment fraud case against Temple Rose Real Estate Pvt Ltd's (TRREPL) in another case. EoW estimates that this fraud may go in 400 hundred crores or more. TRREPL has also deceived so many investors in its Pingori and other project also.

Rose City Pingori , Tal -Purandar, Dt-Pune

TRREPL’s associate company Temple Rose Livestock Farming Pvt. Ltd. (TRLFPL) had purchased ( Sale deed no 4864/2010, 4865/2010 & 2978/2011) around 176 hector of land in pingori village of Pune sold it in 2016 ( 1199/2016)for agriculture purpose to sharmila joshi , Nipa chithalia,dooria bahrainwala , Narayan Parmar,Biman Das, Rajesh Gandhi,husaini bahrainwala, Dilipkumar Chhajed,Ashraf bahrainwala,Suresh Shiwale & Pravin Thorve. But mean while TRREPL has also sold around 5294 so called proposed N.A plots on the same piece of land to gullible investors. It has also put names of the pot purchasers on its website.

Temple rose live stock farming pvt. ltd.purchased surve no 810 , Pingori Village

Actually when land was purchased in Temple Rose Livestock Farming Pvt. Ltd. (TRLFPL) name then Temple Rose Real Estate Pvt Ltd's (TRREPL) had no business to launch plotting scheme on the same land .Though directors of both the companies are same companies are different and TRREPL had no right to launch any scheme on this land.

Temple rose live stock farming sold all the land belonging to survey no 810 in year 2016

The company has same modus operandy every where . It has also published names of plot purchasers but you won’t find any sale deed registered with department of registration. Interestingly on one hand company claims to have sold all the plots and on another hand it’s associate company has sold entire 175 hectors to another persons for agriculture purpose.

Pingori village in Purandar taluka of Pune district is surrounded by hillocks from three sides. 80% of the land is hills ( In Marathi डोंगरपड ) and hence it can not developed as township, residential or industrial purpose. TRLFPL has purchased this land for live stock purpose and sold this entire piece of land for agriculture purpose . And TRREPL has also sold same land as proposed N.A plots. TRREPL claims to have 176 hector scheme as Rose city. As per companies website it is a Satellite township Project of Proposed Residential N.A. Plots for Exclusive Thai and Spanish Villas.

Rose City Pase 1 at pingori Suvey no 810 claming proposed satellite township

Five directors of TRREPL company including three members of same family have been booked in another case . The firm had assured investors their money would double and had given them land papers as a form of surety The FIR has been lodged against Devidas Sajnani, promoter and director of TRREPL , his wife Vanita daughter Deepa and two others-Keshav Iddya and Markas Thorat. The EOW believes the scam may involve at least Rs 400 crore and 12,000 investors. Some of these people are also directors in another companies i.e. Temple Rose Construction Pvt. Ltd. Temple Rose Marketing Pvt. Ltd, Temple Rose Fresh Produce Pvt. Ltd. Temple Rose InfoTech Pvt. Ltd, L.H.S. Enterprises Pvt. Ltd. Shri Ramgiri Sugars PVT Ltd.

The list of plot purchasers in Rose City Phase six Scheme on survey no 810 of pingori.

Interestingly the Retired police inspector Bhausaheb Andhalkar, an accused in the RTI activist Satish Shetty murder is also past director of one of these companies shri Ramgiri sugars pvt ltd. Satish Shetty was social activist, noted for exposing many land scams in Maharashtra. He had used the Right to Information Act to expose irregularities in Government offices in the last five years. He was killed on 13 January 2010.

Its difficult to understand that despite lot of warnings and incidences of cheating , why so many people fall prey to the tactics of dubious investment companies. Some companies do not posses single sq. ft. of land any where in India, but they sale lakhs of sq. ft. land online. They never display survey numbers of the land nor they register sale deed with registrations authority. Some companies do posses some land but they sale one piece of land to hundreds of persons. Until people do not buy any land or invest in such companies people get royal treatment from their representatives but once the entire amount is paid then they totally ignore them.

Some companies assure investors that investors money would double and hand over some land papers as a form of surety but they never register sale deed or mention survey number & demarcation of it. Attractive online presence, lavish offices & smart sales representatives is their main strength. None of the buyers, so called investors or companies bother about rules and regulations.

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Tuesday, April 25, 2017

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