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As per the agreement, the owner was to get possession of the flat by March 31, 2016 Despite directions by MahaRERA, a developer has neither handed over the possession of the flats, nor refunded the cost of the flats paid by home buyers, in a proposed housing complex located at Virar West in Palghar district.

The developer-Bhoomi & Arkade Associates, had announced to set up a housing complex, comprising I and II BHK flats. Accordingly, many home buyers, booked the flats in the proposed complex.
One of the buyers, Amkush Dewan purchased an apartment (No. 81303, II BHK) in the project 'Acropolis-II', vide registered sale agreement dated December 23, 2015 and paid Rs 33.90 lakh. As per the agreement, he was to get possession of the flat by March 31, 2016. But could not get it.

As such Dewan filed a complaint (No: CC006000000001398) with MahaRERA against the developer (MahaRERA Regn.No. P99000006132). During the hearing, the advocate for the developer maintained that the delay in handing over possession of the flat was due to mitigating circumstances, beyond the control of the developer for which extension of time was well stipulated. Besides, the developer was in a position to hand over the flat to the complainant within next six to eight months.

While giving his ruling, on January 30, 2018, MahaRERA Chairman Gautam Chatterjee, observed that the developer had fixed December, 2021 as the proposed date of completion of the project, which was unreasonable since the revised date of possession for an ongoing project has to be commensurate with the extent of balance development.

As such Chatterjee directed the developer to handover the possession of the flat to the complainant before May 2018, with Occupation Certificate (OC), failing which he will be liable to pay interest from June 01, 2018 onwards till the actual date of possession.

The said interest will be as prescribed under Rule 18 of the Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rate of Interest and Disclosures on Website) Rules, 2017.

However, till date the developer, has neither handed over the possession of the flat, nor has refunded the amount paid by the buyer nor have the interest on the amount has been refunded.

Basically, the developer was to hand over the possession by March 31, 2016. Even if a one year grace period is taken into consideration, the interest @ 10.5 per cent is due to the home buyers from May 2017 onwards. Up till now over 1,200 buyers who have booked the flats in the proposed complex, await the possession, RERA consultant Sulaiman Bhimani said.

Reacting to the issue, Chaitya Mehta, director of Bhoomi and Arcade Associates, said that “a major work of the complex has been completed, but the electricity connection is yet to be received. The flat buyers will be paid interest on the money paid by them at the time of giving possession of the flat”. MahaRERA Chaiman Gautam Chatterjee’s response to the SMS sent was awaited.

In the meanwhile, Dewan who has sent several reminders to the developers demanding the possession of the flat or alternately payment of interest on the amount paid, is in the process of filing a fresh complaint since the developer is yet to honour the MahaRERA order.

Press Release

The Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed developer to give an undertaking that the firm will cover any losses suffered by five home buyers, who got refund orders for delayed possession last month, till the filing of an appeal with the appellate tribunal.

On September 27, 2018, MahaRERA had ordered the developer to refund the investments of five home buyers – Rahul Bhosale, Hitesh Shah, Riyaz Jetham, Alistair Gomes and Sachin Kadam – who had booked flats in Acropolis project in Virar through a subvention scheme in which buyers paid eight per cent of the flat consideration and the banks paid the remaining 92 per cent. The order was to be executed by the developer within 30 days from the date of the order.

The subvention scheme itself is a very big scam, in this scheme the builder gets almost 95% of the loan amount on signing of the agreement without laying a brick, unlike regular home loan where the bank pays to the builder as per progress of the work, the builder lures the home buyers on promise to pay EMI till he hands over the possession, but when builder fails to construct or give possession on time the liabilities comes on the home buyer and the home buyers becomes defaulter and not the builder, in subvention scheme builder charges 10% more then the market value which the buyer realises on the later stage, subvention scheme is design to cheat home buyers.

The developer approached MahaRERA again on October 11 and got a stay on the order till October 24. On October 24, the matter was heard again, and the developer sought extension of stay on the execution of the judgment till the end of 60-day appeal period, citing financial crunch to pay the decretal amount that needs to be paid before the Maharashtra Real Estate Appellate Tribunal.

According to Section 43 of RERA, the appellant has to deposit 50 per cent of the amount with the tribunal before the appeal can be heard.

During the hearing before MahaRERA member Madhav Kulkarni, Sulaiman Bhimani, who appeared for the home buyers, strongly opposed the stay petition arguing that home buyers will suffer monetary losses since they had purchased the flats with bank loans and are paying EMIs. He argued that Rahul Bhosale, who had taken two bank loans, had received a foreclosure letter from the bank stating that if dues are paid before a cut-off date, he will get a concession of Rs seven lakh. He argued that home buyers will suffer immediate losses if the stay is extended.

Kulkarni then directed the developer to file an undertaking to make good any losses suffered by the home buyers till the end of the 60-day appeal period which ends on November 26. The stay was granted after developer complied with the undertaking.

Sulaiman Bhimani Legal Consultant
Expert RERA & Co-operative Scty Matters
Human and Civil Rights Activist
President Citizens Justice Forum 
9323642081
Sulaimanbhimani11@gmail.com

A group of people protesting the nationwide crackdown on human rights activists were picked up and arrested at Liberty chowrasta near the Ambedkar statue in Hyderabad around 11am on August 29. The protesters were not even allowed to stand near the Ambedkar statue and were arrested and detained by Hyderabad police. Some bystanders were also picked up and nearly 5 vans full of people have been dragged and taken away. Nearly 250 police personnel have been deployed in the vicinity. Protesters, however, continue to gather around the area.

dissent is patriotic

The protests were organised in connection with the August 28 raids against on human rights activists, lawyers, journalists, teachers and cultural activists and trade unionists. Pune police conducted raids on the houses of Varavara Rao, poet and renowned activist, Sudha Bharadwaj a well known civil rights activist and lawyer who has been working and organising labourers in Chhattisgarh, Vernon Gonsalves and Arun Ferreira, Mumbai based activists who have repeatedly expressed dissent against the State and Gautam Navlakha, also a civil rights activist and journalist who has extensively written about the Human Rights violations in the State of Jammu and Kashmir. They were arrested for allegedly having ‘Maoist’ links and being connected with the Elgaar Parishad. Right-wing Twitter trolls have been quick to brand them ‘Urban Maoists’.

The arrested have been booked under the draconian Unlawful Activities Prevention Act (UAPA) and 3 of the 5 arrested are expected to be presented in court today.

Apart from this Father Stan Swamy, who has been organising Adivasis in Khunti, Jharkhand has also had to experience the wrath of the Pune Police who presented him with a warrant written in Marathi. Interestingly, Swamy had nothing to do with the Elgaar Parishad!

It is clear that the State is hell-bent on stifling voices of dissent that threaten their electoral power. This witch-hunt is a clear threat to a Democracy and the Constitutional Principles of Freedom to dissent.

Human rights defenders and activists have expressed their solidarity and concerns over the State's unprecedented attack on these activists. Protests meetings and conferences have been organised in various parts of the country.

Originally published here.

22

We, the undersigned, are shocked by the serial raids across the country on the homes of activists and public intellectuals who are critical of the government and the ruling party at the Centre. The arrests of prominent activists and intellectuals Sudha Bharadwaj, Vernon Gonsalves, Gautam Navlakha, Varavara Rao, Arun Ferreira, Kranthi Tekula and others, are nothing but an attempt by the government to strike terror among those who are fighting for justice for the marginalised. This is also an attempt by the BJP to invent a false enemy and engage in scaremongering in order to polarise the 2019 elections in its favour. Already, the government and the media houses close to the BJP have been trying to spin a false narrative of a Maoist conspiracy since June, 2018. Terms like “urban naxals” are invented in order to stifle any criticism of the government. We have learnt that the Delhi Police, after having arrested Sudha Bharadwaj, waited for Republic TV to arrive before taking her to the court. This simply shows that the arrests are incomplete without the accompanying sensationalist media propaganda to demonise activists, human rights defenders and intellectuals.

The so-called raids carried out on the houses of these activists are aimed at creating a spectacle, as the writings and views of these intellectuals are already publicly known and are well documented. This seems like a conspiracy to divert attention from the gravity of the Sanatan Sanstha conspiracy to carry out serial bomb attacks on Eid and Ganesh Chaturthi! The same Sanatan Sanstha was also involved in the murder of Gauri Lankesh, as per the ongoing investigations by Karnataka police. Today’s arrests have been carried out in order to give cover to the murderers of Gauri Lankesh. People like Sudha Bharadwaj, Gautam Navlakha and others who have been arrested are friends of the people who have dedicated their entire lives to the betterment of the Indian public. By arresting them, the BJP is only exposing its insecurities and its intolerance to any dissent or criticism of its policies.

The arrests should be seen in continuation with the recent attacks on pro-justice voices such as Swami Agnivesh, Umar Khalid and many other student activists from Delhi to Lucknow. A BJP lawmaker from Karnataka even advocated the murder of “intellectuals.” Both the arrests and the physical attacks on justice loving people must be seen in a series of attempts to stifle dissent and deny social justice.

We demand immediate release of the arrested individuals, dropping of all false and malicious charges, as these arrests are politically motivated and unjustified.

Shehla Rashid Shora, former Vice-President, JNU Students’ Union.

Mohit Pandey, former President, JNU Students’ Union.

Paranjoy Guha Thakurta, Author, Journalist, Publisher.

Neha Dixit, Journalist.

Jignesh Mevani, MLA Vadgam, Gujarat.

Sanam Sutirath Wazir, Human Rights Activist.

Nakul Singh Sawhney, Documentary Filmmaker.

Teesta Setalvad, Journalist and Social Activist.

Harish Iyer, Equal Rights Activist.

Swami Agnivesh, Arya Samaj, Social Activist.

Admiral L Ramdas

Lalita Ramdas

Shabnam Hashmi

Vidyut, blogger.

Ashok Bharati, Dalit Leader

Maj Priyadarshi Chowdhury, SC, ESM Activist & Coordinator Joint Agitation of Farmers, Dalits & ESMs

Shri VM Singh, Rashtriya Kisan Mazdoor Sanghatan

Kumar Prashant, Chairman, Gandhi Peace Foundation to the statement

If you agree with the above statement, please add your name in the comments and I will periodically add names to the post.

By Raju Vernekar

The residents of the Akash Horizon Premises Cooperative Society Limited, located bang opposite Western Railway’s (WR) car shed at Mumbai Central (east side), have complained about constant air and noise pollution, they are suffering for nearly one decade, due to the work of maintenance of trains, in the car shed adjacent to their building.

The testing, recharging and maintenance of Rajdhani. Shatabdi and Duronto trains is done in the open shed, touching the compound wall of the Aakash building. While shunting of coaches/locomotives and testing of power cars generates a lot of noise, a lot of smoke is emanated by the diesel generators, which straightway flows in the flats of the residents. The generators also cause vibration, due to which the compound wall of the building was  collapsed some time back.

The work also causes financial loss to the railways since it has been using outdated technology. The testing can be done through less expensive electric power generators, as against age-old diesel operated generators. The diesel is much more expensive, Sulaiman Bhimani, President, Citizen Justice Forum said.

Mirza Baig, Hon Gen Secretary of the society, who has been following up the matter with WR since long, in a letter dated 5 December 2017, to Divisional Railway Manager (DRM), has pointed out that the railways recharge generators day in and day out causing considerable amount of noise and sound pollution.

The 19 story building accommodates over 1000 people, most of whom are senior citizens. The work goes on till 4 AM disturbing peace in the area, Baig has stated requesting WR to take corrective step to stop this nuisance. The “Equinox Labs” in its report dated 17 March 2016, had stated that the noise level in the shed was 94.4 decibels as against specified limit of 55 decibels. If the railways fail to take corrective action, then we will be left with no option but to approach the court, Baig said.

Additionally, BMC’s Nair Hospital, catering to lakhs of patients, which is in close proximity of the yard, and thousands of residents in the neighbourhood also has to bear the noise and air pollution emanating from the yard.

Earlier, in response to a query under RTI by the resident Laeek Chunawala, ADME (BCT), WR vide letter dated 31 December 2015, had admitted that the department had not obtained any NOC for the work. Similarly DEE/RS/BCT vide letter dated 7 January 2016 had stated that the EMU shed is for day to day maintenance of EMU rakes and is not covered under Factories Act 1948.

Way back in 2009, the then WR GM R N Verma, in a letter dated 4 December 2009 to former MP and Minister Milind Deora, had stated that the rescheduling of the work of testing power cars has been done so that the residents are list disturbed. But of no avail.

Under article 21 of constitution of India, every citizen has right to live in clean and peaceful environment and it is the responsibility of state to provide it. It is expected of Railway Minister Piyush Goyal to give relief to citizens, who include senior citizens, women and children, Bhimani said. There was no response to detailed email seeking clarification sent to WR DRM.

Caption

  1. a) Akash Building Horizon Building
  2. b) railway yard at Mumbai Central
click for the video link below
Smoke coming out of diesel generator van entring into home of Akash Apts https://tinyurl.com/y8ql26eu 
Link to RTI Documents and Communication and Correspondence done by Residents  Akash.Scty https://app.box.com/s/t3kjofseutul88v8nkd719pwpw0fi5e7
Akash Apartment picture take from tracks
Gap and distance between compound wall of Akash Apt. and train which are brought for maintenance
POSTED IN PUBLIC INTEREST BY
Sulaiman Bhimani Legal Consultant
Expert RERA & Co-operative Scty Matters
Human and Civil Rights Activist
President Citizens Justice Forum 
President of Janata Congress party (Mumbai District)
9323642081