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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

Aarey Milk Colony, spread over 1,259 hectares of land, is an extension of Sanjay Gandhi National Park. In 1949, the land we know as Aarey was given to the Dairy Development Board of Maharashtra to shift the cattle sheds from the city to Aarey. Since then this area has been known as Aarey Milk Colony. Aarey has 27 tribal hamlets; in terms of flora and fauna, it has leopards and numerous species of birds, animals, insects, butterflies, snakes, herbs, shrubs and trees (which number more than 4 Lakh 80 thousand).

In November 2014 , morning walkers, cyclists and other regular visitors to Aarey Milk Colony found notices put up, announcing that 2298 trees in Aarey would be felled for construction of the carshed for Metro3. Citizens came together to protest against this mass felling of trees. Thus was born the Save Aarey Movement.

In December 2014 angry citizens for the first time gathered in Aarey Picnic Point area to protest against this unnecessary destruction of the city's ecology. 1200 + citizens came together again in February 2015, creating a human chain along Marine Drive. Post this event, the Chief Minister of Maharashtra announced appointment of an Expert Committee to explore other options for location of the Metro3 carshed .

The Expert Committee had 6 members; four Bureaucrats and two environmental experts from IIT and NEERI. Both the environmentalists put a dissenting note in the Committee's report, holding that Aarey is an ecologically sensitive area and rich in biodiversity. The proposed carshed location is the floodplain of the Mithi River, and construction in this area can lead to flooding in Andheri. Hence the carshed location should be shifted out of Aarey, they said .The other options for the carshed location suggested by the expert members were Kanjurmarg and Backbay in Colaba.

The Detailed Project Report prepared in 2011 for the Metro 3 Line also mentions three other options (along with the option of 33 ha land in Aarey) for the Metro 3 Carshed location: the ground in Bandra Kurla Complex, 26 Ha of land in Kalina, the Mahalaxmi Race Course. Mumbai Metro Rail Corporation ( MMRCL) always claims that the 33 ha land area in Aarey is the only suitable location for the Metro 3 Carshed.

In 2015 the NGO, Vanashakti, along with citizens, filed a petition in National Green Tribunal (NGT) praying that Aarey be declared a forest and an Eco-Sensitive Zone. NGT on 19th August 2015, ordered status quo in Aarey pending final decision on the case. MMRCL, in August 2017 started dumping debris in the Metro 3 Carshed area in Aarey, along with excavation and mud filling activities in the area. This was in contempt of Court orders and was highlighted at the NGT. On 14th May 2018, NGT again ordered against any dumping of debris, land reclamation and Tree Felling in Aarey pending final decision in the case. But MMRCL continues to violate court orders. They have cordoned off more area in Aarey on the opposite side of the carshed area and have started land reclamation. What initially started as destruction of 33 ha of forest land is now leading to destruction of a much bigger area. Citizens lodged complaints in Aarey Police Station against these violations of court orders. MMRCL has also evicted Adivasis from Prajapur Pada in Aarey to SRA Buildings. This is in violation with Tribal Rights. Adivasis have filed a petition in Mumbai High Court.

On 20th September 2018 Judges from NGT's Principal Bench decided that this matter of declaring Aarey a Forests does not come under NGT's jurisdiction and NGT directed the petitioners to withdraw application and approach the right Authorities. This has happened after 3 and 1/2 years long proceedings in National Green Tribunal.

Through an RTI in 2017, Vanashakti found a letter written by the Divisional Manager of Sanjay Gandhi National Park( SGNP). This letter indicates that Aarey Milk Colony was of a much larger area earlier, and that 2076 ha of land from Aarey Milk Colony was Transferred to SGNP in 1969. But the forest department claims that they do not have any land records related to Aarey Milk Colony.

The forest department, in 2015, had submitted a draft proposal to the Ministry of Environment and Forest (MOEF) to declare Aarey Milk Colony as an Eco Sensitive Zone. MMRCL moved an application with the MOEF and got 165 ha of land (1.65 sq km) from Aarey denotified from the Eco Sensitive Zone. The MOEF denotified an area of 1.65 sq km from the ESZ in December 2016. This decision has been challenged by Vanashakti in NGT through a different petition.

Already, a large part of Aarey Forest has been lost to different projects and construction activities. Citizens fear that with the entry of the Metro 3 carshed, better described as a railway service centre, the rest of this forest, spreading over 1259 ha, will be lost to construction activities for ever.

Mumbai City is already sinking because of the destruction of its water bodies, wetlands and mangroves. Loss of Forest area and destruction of the floodplain of the Mithi River in Aarey will lead to further destruction of the city and flooding in more new areas in Mumbai. Lakes , supplying drinking water to Mumbai are also located in Forest Areas. Vihar lake on the border of SGNP and Aarey.

The air quality of Mumbai will be seriously hit if 4000 full grown trees are removed from its last remaining green space,the Aarey forests. .

A Movement that started with the news of felling of 2298 trees has brought out more shocking details. MMRCL floated a tender document for felling of 3384 trees in Aarey Milk Colony in 2017. And number of trees that are in line for sacrifice is still increasing. Tribals have lost their homes and livelihood. Floodplain of Mithi River has been damaged and this city will finally lose 1.65 sq km of forest areas to construction activities if this Carshed is not shifted out of Aarey. Facts finding team of Citizens have also found letters that speak about Government granting 3 FSI on 33 ha (82.5 acres) of Aarey land. A design layout prepared by MMRCL for the Carshed area also has marked an area on 33 ha land for realestate prooject.

Citizens of Mumbai needs to decide what is more important for them. A peaceful and happy life in a place requires, Fresh Air, Good supply of Drinking water , accessible open spaces and flood free roads .

In a Costal city like Mumbai, when the entire world is suffering from the consequences of Global Warming a place like Aarey becomes extremely crucial for survival of the city.

4

Disclaimer: I am not at all knowledgeable on the subject. This is a question based on the reading I've been doing about demonetisation.

One of the objectives of demonetisation was curbing black money or money that tax should be paid on, but isn't. Going in, no one appears to have had an idea of how much black money was in the form of cash. Many people speculated that the money that didn't get deposited in banks would be black money.

I understood this to mean that the RBI had issued 14 lakh crore worth bank notes. Of these, 30% or about 5 lakh crore 1.6 lakh crore [see update below] were estimated to be with various governments, government organizations and banks. That left 9 lakh crore 12.4 lakh crore to recover as deposits in the banks and RBI.

Initially the thought seemed to be that the amount out of the 12.4 lakh crore that didn't return to banks would be black money. Various theories were discussed - whether they could be written off or not, used to recapitalize banks or not... not going there for now. But basic concept was that if - hypothetically - 9 lakh crore got deposited by 30th December (and then 31st March with RBI?), the remaining 3.4 lakh crore would be the black money. Now logically, at least some notes won't return - maybe lost in floods or forgotten in some old purse or whatever. But any significant number (no idea how much that would be) is black money

Yesterday, on the 28th of November 2016, with over a month still left for people to deposit money into banks, the RBI announced that money deposited or exchanged at banks had reached 8.5 lakh crore. This means that thee is supposed to be at the most 0.5 3.9 lakh crore out there. However queues outside banks are still reportedly going strong.

My question is, if, in less than half the time allocated for deposits, we have already recovered most of the notes issued by the RBI, what happens in the remaining duration of slightly more than a month?

Never mind black money. What happens if the notes deposited into banks exceed 0.5 3.9 lakh crore, bringing the total of cash over the 14 lakh crore in notes issued by he RBI? It seems possible, given that the queues are still going strong and that in less than half the time provided, deposits are over 72% of those expected in "ideal" conditions in the full duration provided.

Would that mean that the demonetisation likely converted fake notes into legal money and still found no black money? What would it mean for the liability of the RBI (I haven't fully understood how the liability thing works, but clearly it is a careful balance).

 

What would the implications of something like that be?

 

Update: Sonali Ranade pointed out that some of the 5 lakh crore reported to be with banks and government may have an overlap with money getting deposited in banks. Notes with banks will not, but notes with government organizations like Railways, for example will get deposited in the SBI and be counted again. What this amount is is unclear. Trying to find out.

Update 2: While the money with government and banks was estimated to be at 5 lakh crore, there is a better way of estimating money already with banks alone. An interesting piece by Ira Duggal for Bloomberg-Quint uses RBI reports to arrive at the money in bank chests being Rs. 2.5 lakh crore on the 11th of November. Roughly estimating 86% of this to be in the banned notes, the money in banned notes already with the banks on 11th November would be 2.15 lakh crore. Deduct the 53,000 crore reported by the RBI as deposited within the first 2 days, and you have an estimated 1.62 lakh crore in banned notes with the banks at the start of demonetisation.

"Victims of RNA Corp." OR Victims of Any Unscrupulous Builder, What are the options available for Home Buyer and Aggrieved Flat Owners in Redevelopment Project

How to File a Complaint against a Builder, What are the options available 

Any citizen can file a case against a developer. There are several options and situations under which a property buyer can file a complaint. Types of complaints are:

  1. EOW
  1. Consumer case
  1. Suit for Specific Performance of Contract

On the following grounds in which a property buyer can drag an incompetent property developer on violations/ breach of ground

  • Non-execution of relevant sale agreement despite having received a substantial advance amount
  • Non-issuance of copies of all relevant documents viz.; development agreement, power of attorney, sanctioned plan (by concerned Regional Authorities), specification of construction materials/design as per sanctioned plan and any other relevant documents
  • Charged higher than the agreed amount
  • No issuance of proper receipt(s) against the paid amount
  • Poor quality construction
  • Delivering of a house not complying to agreed specifications
  • No free parking space within the premises
  • Did not form a co-operative housing society and handed over to members
  • Non-provision of water storage tank
  • Non-provision of proper ventilation and light
  • Delayed possession beyond the stipulated time limit
  • Not obtaining completion certificate from the concerned registered (by the authorities) architect
  • Non-issuance of Occupancy Certificate at the time of delivery of respective flats/house to its occupants
  • Non-declaration of expenses against which the developer collected money

And many more…

Any project falling short of above listed causes home buyers to approach for remedy from options available 1 to 5 

1) Cheating Case (EOW) - Jointly or Individually Legal Complaint

2) Cheating Case (EOW) with Private Complaint to the Metropolitan Magistrate (MM)

3) Specific Performance in High Court

4) National Commission if agreement value is more than 1 Crore (New Delhi)

5) State Consumer if agreement value is less than 1 Crore (Mumbai)

How to file a complaint against a builder in the Consumer Court? 

With builders coming under the clause of being a service provider, the process of filing a consumer court complaint against them is the same as with other service providers. To file a complaint, you need to adhere to the following steps:

  • Send a well drafted Legal Notice to the builder stating your reasons of discontent
  • Await for a response for the stipulated time from the other party
  • On no-response, prepare a petition stating facts and evidences with the help of expert legal advice
  • Approach the Consumer Court and file your petition against the builder

As per a judgement passed by the National Commission in the case of Jayantabhai Ranka and Arunaben Kapadia vs Ravi Developers, the Commission pointed out that the cause of action on the builder continues till the allotment of the site or full refund of money on refusal to allot.

This means, no matter how much the delay, the builder is liable to properly honour his service agreement. The other important point that this particular case also highlighted is that ‘each property developer is liable to execute an  agreement for sale’. And failure to do so can be a cause of action against the builder in the Consumer Court.

  • How to approach district consumer Forum
    The complaint can be made on plain paper and you can file it in person or through an authorised agent, after it has been notarised, through registered post or regular post. It is important that you serve a personal or legal notice to the opposite party before filing the complaint. You will need to file four copies, plus additional copies for each opposite party. And the complaint must be filed within two years from the date of the cause of action having arisen. The court fee for cases involving up to Rs 1 lakh is nil for those holding Antyodaya Anna Yojana cards and Rs 100 for the rest. For cases involving up to Rs 5 lakh the case fee is Rs 200, for case up to Rs 10 lakh the court fee is Rs 400 and for those up to Rs 20 lakh the case fee is Rs 500. The demand draft should be made out to the President, Consumer Disputes Redressal Forum, (name of) district.
  • How to approach state consumer Forum
    Cases where the value of goods or services exceeds Rs 20 lakh can be filed and orders of the district forum challenged here within 30 days of the order being passed.
    (a) Documents of record with correct name of all parties and their addresses;(c) More than four additional copies for each respondent for filing an appeal;(e) A statutory deposit of Rs 25,000 or 50 per cent of the award / compensation amount, whichever is less, is to be made by the appellant / opposite parties.
  • (d) Any conditional delay, interim orders and other petitions to be submitted along with an affidavit; and
  • (b) Certified copy of the district forum order;
  • The court fee for cases above Rs 20 lakh and up to Rs 50 lakh is Rs 2,000 while the court fee for cases up to Rs 1 crore is Rs 4,000. The demand draft should be made in favour of the registrar, (name of) state commission and be payable in that state only. To file an appeal you need the following:
  • How to approach National Consumer Disputes Redressal Commission
    A dissatisfied consumer can file a complaint directly with the national commission or appeal against decisions of the state commission within a month from the date of the order. The court fee is Rs 5,000 and the demand draft should be in the name of The Registrar, National Consumer Disputes Redressal Commission. There is no fee for filing an appeal before the state or national commission. You can appeal against the orders of the national commission in the Supreme Court within a period of 30 days.
Sl. No.Total Value of goods or services and the compensation claimedAmount of fee payable
District Forum
(1)Upto one lakh rupees – For complainants who are under the Below Poverty Line holding Antyodaya Anna Yojana CardsNil
(2)Upto one lakh rupees – For complainants other than Antyodaya Anna Yojana card holders.Rs.100
(3)Above one lakh and upto five lakh rupeesRs.200
(4)Above five lakh and upto ten lakh rupeesRs.400
(5)Above ten lakh and upto twenty lakh rupeesRs.500
State Commission
(6)Above twenty lakh and upto fifty lakh rupeesRs.2000
(7)Above fifty lakh and upto one crore rupeesRs.4000
National Commission
(8)Above one crore rupeesRs.5000

You may simultaneously approach EOW with legal advice along with Consumer Court Case

1) Cheating Case (EOW) - Jointly or Individually Legal Complaint

2)Cheating Case (EOW) with Private Complaint to the Metropolitan Magistrate (MM)

This option of specific performance in High Court is little expensive compare to Consumer Court but result oriented all you need a good Advocate and result can be expected in 4 to 8 months where as in consumer court it may take 12 to 24 months
This option is expensive as you have to pay court fees the upper cap of the court fee is Rs 3 Lakh the court fee structure calculation table is given for your reference

COURT FEE SLABS

SLAB-A = FIRST RS. 15,00,000 ----- RS 31,230.

SLAB-B = RS. 15,00,001 TO RS. 26,00,000------@RS 2,000/RS 1,00,000.

SLAB-C =ABOVE RS. 26,00,000--------------------@RS1,200/RS 1,00,000.

SLAB-D = FIXED --------------------------------------------------------RS 200

e.g. COURT FEES FOR RS. 30,00,000, 40,00,000, 50,00,000, 75,00,000 AND 1,00,00,000 ETC. CAN BE CALCULATED AS UNDER:- 

VALUESLAB-ASLAB-BSLAB-CSLAB-DTOTAL

(A+B+C+D)

30,00,00031,23022,000 4,80020058,230
40,00,00031,23022,00016,80020070,230
50,00,00031,23022,00028,80020082,230
75,00,00031,23022,00058,8002001,12,230
1,00,00,00031,23022,00088,8002001,42,230

The Court Fee Above 2CR 39LAKH is RS 300,000/- that means maximum court fee is 3 lakh only

For Court Orders in Favor of Home Buyers and Aggrieved Flat Owners in Redevelopment Project  click the link below

http://wakeupindia-designer.blogspot.in/2016/09/consumer-court-case-order-in-favor-of.html 

http://wakeupindia-designer.blogspot.in/2016/03/hc-pulls-up-aa-estate-pvt-ltd-arm-of.html

Issued in Public Interest by
Sulaiman Bhimani
9323642081
sulaimanbhimani11@gmail.com 

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