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.
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
"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:
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.
Total Value of goods or services and the compensation claimed
Amount of fee payable
Upto one lakh rupees – For complainants who are under the Below Poverty Line holding Antyodaya Anna Yojana Cards
Upto one lakh rupees – For complainants other than Antyodaya Anna Yojana card holders.
Above one lakh and upto five lakh rupees
Above five lakh and upto ten lakh rupees
Above ten lakh and upto twenty lakh rupees
Above twenty lakh and upto fifty lakh rupees
Above fifty lakh and upto one crore rupees
Above one crore rupees
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.
Mumbai, 30 June 2016: Hundreds of savvy and well-educated flat buyers have purchased "luxurious" flats in RNA Exotica without noticing what their sale-purchase agreements clearly says: that RNA Exotica is actually a large and shabby slum rehabilitation scheme with a tiny island of rich flat-buyers. The rich people's housing project is married and tied to the rehab component in the same undivided compound -- a marriage made in hell! Not just RNA Exotica's sale-purchase agreement, but also project layouts and plans presented to MOEF, give a birds-eye-view of this nightmarish neighbourhood. With clever advertizing, a tight-lipped sales staff, and several clauses in the sale-purchase agreements that forbid investors from asking the right questions, RNA Corp has been consistently misleading its investors for many years. A prospective home-buyer never gets to read the true facts before he is inside the builder's trap!
RNA Exotica is a Apartment and Slum Rehab Project in a single compound, so you can't object to general public and outsiders in your compound. The agreement makes sure that flat-buyers will have no right in future to object to the rehab building and car park constructed adjoining RNA Exotica, in the same compound. This clause tells flat-buyers in no uncertain terms that the public parking being constructed on the rehab building is not available for their cars. Read this on page 13 and this on page 21 of the registered agreement. So, the proud flat purchasers should know from this clause that their building compound is only semi-private, unlike most of the apartment compounds that are completely private.
RNA Corp can construct anything on top of your flats, so keep quiet and mind your business. The agreement gives the builder the unlimited right to build anything on top of the "top floor" flat, and the flat-purchaser must keep mum about it. In other words, the builder can continue to commercially exploit any increase in FSI or any changes in rules, even if it causes great delay, inconvenience and losses to the flat-buyers, and the only thing that they can do is smile and feel privileged about owning a luxury flat in RNA Exotica.
RNA Corp can construct servants' toilets, septic tanks, electric sub-stations, closed garages, etc. etc. anywhere in the compound or in the building, so shut your nose, mouth and ears.The ground plans or floor plans shown in the agreement can and will be extensively changed to suit the builder's requirements, and this is plainly stated in the agreement itself. All kind of noisy, smelly or intrusive structures can and will be constructed in various parts of the building and compound where you live, including the same floor where you live, but you cannot object on any grounds because you have signed on an agreement that ties your hands. Your rights as a flat-buyer are restricted to the premises that you have purchased, and not, as is the case in other building projects, the common amenities.
RNA Corp can and will create third-party rights and entitlements to various parts of your building and compound, including clubhouse and various parts that you may mistakenly consider as your common amenities. Read this point carefully again, and you will see that this clause is not just a routinely-drafted formality, but is cleverly drafted to take away all your legal rights.
RNA Corp can decrease the common areas and facilities in your building, and you waived your right to raise any objections.People book luxury apartments not just because of spacious flats, but because of spacious and well-designed common amenities and facilities. These amenities and common spaces are factored into the price of the flat as "super-built-up area". But, after paying lakhs of rupees up front to book a flat in RNA Exotica, buyers are informed by their registered agreement on page 37 that the common areas cannot be taken for granted, and they have no right to object!
You unknowingly gave a power-of-attorney to RNA Corp to sign legal waivers on your behalf before all government authorities, without even informing you. According to this clause, the developer need not consult you or even inform before making big or small changes in the plans, because he can always sign an indemnity or undertaking on your behalf to tell the government that you are OK with anything that he does!
You have surrendered your right to independently verify title and ownership of the plot of land on which RNA Exotica is built... because agreement says you have already verified it and satisfied yourself! Mr flat-buyer, when you signed on every page of the agreement in the Stamp Duty Registrar's office, you definitely were not looking for tricky clauses like this one. But here is a clause on page 17 and another on page 25 that says that you have already verified the title and satisfied yourself, and now you have agreed not to investigate any further, or raise any objections.
Possession date is deliberately left blank. Therefore, you have no way of holding RNA Corp accountable for delay of several years, although there is technically a clause for delays. Read this clause on page 37 and its continuation on page 39.
RNA Corp can allot you car parking according to their own sweep pleasure, and you cannot object. The builder may allot you a really shitty parking in the basement, podium or stilt, and the builder may sell favourably-positioned parkings to others. You have no right to object. Read this clause on page 41.
So, Mr and Mrs Flat Purchaser, it is only in theory that you bought a luxury apartment in RNA Exotica. Your luxury apartment exists only in pretty advertisements. The fact is, you just bought a 2BHK or 3BHK in a shitty slum rehab neighbourhood overlooking the railway tracks, and you signed up on a document that says that you have no right to keep the people of your neighbourhood and sundry public from accessing your compound... and you have no right to object to this entire scheme of things. The only thing you can say now is, "It was nice being screwed by you, Mr Anil Aggarwal."
Sincere thanks to Sulaiman "Superman" Bhimani (9323642081) for his continuous detective work, which enabled and motivated me to write this article.
Don't believe them when they say they are mostly funded by Indians. Green peace was instrumental in Australia declaring Virat Indian Adani's $7 billion Carmichael coal project in Australia unviable for environmental reasons. Now, you will agree that Australians donate to Greenpeace Australia and not Indians. Thus proved that foreign funded Greenpeace is hindering India's development.
Vandana Shiva is completely anti-national.
She wants to save Indian seeds and resist genetically modified seeds taking over the market. Considering that GM seeds are made by foreign companies,this directly harms India's foreign relations with countrys like Monsanto, Mahyco and Times of India.
People protesting in Kudankulam are anti-national
In fact, thousands of them have cases of sedition against them. They are agents of the church and rose in protest against the Virat Russian project in their backyard, but they forgot that Russians are more Indian than unpronouncable names from Tamil Nadu.
Narmada Bachao Andolan is the worst anti-national.
It is trying to prevent electricity from reaching your home just because a few lakh people became homeless. You didn't become homeless, I didn't become homeless. Do you want to live without electricity just so some people can have homes? They need to see how Virat India can be. We are so totally going to raise the height of Sardar Sarovar just to make sure they understand. There is plenty of water, but more electricity is always needed in an electricity surplus state like Gujarat. Also no one can claim the government is unjust. Madhya Pradesh is a BJP ruled state and their people are getting submerged, so Congressis have no reason to complain.
The true Virat Indian has a heart like a lion
...that doesn't cry just because a few lakh people have a problem. Development is important business. And business is best done by the corporations, and interfering with this business of corporations is interfering with the development of the corporations which means it is anti-national. All Indians are hereby requested to turn highly patriotic and make sure that the corporations suffering from threats of decreased profits do not suffer and bring shame to India. We must sacrifice all we can so that the rich may inherit the earth, because the meek will be gone by then anyway and there is no point wasting.
Foreign funded NGOs that engage in anti-nuclear, anti-coal and anti-GMO protests are anti-national (notice the "anti" they all share in common?)
Fact is, with India's population, we could easily lose half our prople and no one would notice. And you must not notice, because it isn't our purpose to cause you unnecessary trauma. Excessive care with health is detrimental to reducing India's population density, and is directly responsible for inflation, crowds on trains, rising prices of real estate and power cuts. Get rid of half the people and see how comfortable you would be. Now that everyone whines if there are riots, at least leave the coal, nuclear and GMOs alone, to reduce the burden on our country.Frankly, it is worrisome that you have read this far, because you aren't supposed to examine what you are told.
Hope you have now understood everything.
Even if you haven't, don't worry about it.
All you have to do to be a Virat Indian is to listen carefully to who is disagreeing with the government about helping the corporate sector of our country grow and listen to what the problem with them is, and make sure others understand.