Which Sections are covered by Pune RERA Adjudicating Officers?

In order to facilitate complainants from the Pune and Aurangabad Division the Maharashtra Real Estate Regulatory Authority (Maha-Rera) has appointed two adjudicating officers in Pune. Over 120 cases have already been transferred for hearing. Adjudicating officials of RERA Pune, hears complains pertaining to section 12, sec14, sec 18, sec 19 as reported by #Times City Pune 23 Sep 18.

What does it mean in lay words, what sections does it cover and not cover?  .

This Simply means, in case a complainant seeks ‘compensation’, it is solved by adjudicating officers. Let’s understand what home buyers can expect relief from adjudicating officials who come from Mumbai office. Here are details of compensation claims that can be made in Pune against a builder/ developer

Section12:

  1. If a Home buyer intends to withdraw from a project, because of False/ incorrect statement on advertisement/brochure of RERA registered building. He can claim advance/deposit refund along with interest that RERA act prescribes.

Section 14:

  1. Project to be developed and completed in accordance with the sanctioned plans, layout plans and specifications
  2. To fulfil the project with promised fixtures, fittings in the flat and all the promised amenities and common areas of the apartment
  3. The promoter shall not make any additions and alterations without the consent of home buyers
  4. Only alterations as may be requested by the home buyer can be entertained
  5. Only necessary architectural and structural change recommended and verified by an authorised Architect or Engineer after proper declaration to the allottees.
  6. written consent of at-least two-thirds of the allottees,
  7. In case any structural defect or any other defect in workmanship, quality or provision of services
  8. it shall be the duty of the promoter to rectify such defects without further charge, within thirty days, for a period of five years from the date of handing over possession

Section 18:

  1. If the promoter fails to complete or is unable to give possession by the specified date of an apartment, plot or building
  2. in delay, if an allottee does not intend to withdraw from the project, he shall be paid, by the promoter, interest for every month of delay, till the handing over of the possession
  3. Compensate the allottees in case of defective title of the land

Section19: RIGHTS AND DUTIES OF ALLOTTEES

  1. The allottee shall be entitled to obtain the information relating to sanctioned plans, layout plans, flat specifications, agreement for sale & amenities with the promoter.
  2. To know stage-wise time schedule of completion of the project, including the provisions for water, sanitation, electricity and other amenities and services
  3. Home buyer shall be entitled to claim the possession of apartment, plot or building, and the association of allottees shall be entitled to claim the possession of the common areas
  4. Compensation to home buyers if , the promoter fails to comply or is unable to give possession of the apartment, in accordance with the terms of agreement for sale, due to discontinuance of his business, account of suspension or revocation of his registration
  5. The allottee shall be entitled to have the necessary documents and plans, including that of common areas, after handing over the physical possession of the apartment
  6. Home buyers shall be responsible to make necessary payments, in the manner & time as specified in the agreement for sale. Registration charges, municipal taxes, water and electricity charges, maintenance charges, ground rent, and other charges, should be paid as decided in the agreement.
  7. Allottee shall be liable to pay interest for any delay in payment towards any amount or charges to be paid
  8. The obligations & liability towards interest may be reduced when mutually agreed between the promoter and allottee.
  9. Every allottee of the apartment shall participate towards the formation of an association or society or cooperative society
  10. Every allottee shall take physical possession of the apartment within a period of two months of the occupancy certificate issued for the said apartment
  11. Every allottee shall participate towards registration of the conveyance deed of the apartment

RERA adjudicating officials take control of cases of contravention / compensation in Pune jurisdiction, like section 60 and 61. Section 60 provides for punishment/penalty for the promoter for providing false information or contravening the provisions of Section 4. Section 61 provides for penalty for the promoter for contravening any other provision of the RERA, other than Section 3 and 4, or the rules or regulations made under RERA act. To solve cases officers Mr. SB Bhale and Mr. MV Kulkarni have been appointed by the Maha-Rera for the Pune and Aurangabad Division.

https://maharera.mahaonline.gov.in/

 

 

 

How is RERA and Transparency Related?

RERA was enacted to bring about transparency in the real estate market. Such need aroused due to lack of confidence of consumers in builders/promoters, poor access to legal documents and most importantly an absence of a government regulating body. In the RERA guidelines, developer has to register all his existing and upcoming projects under RERA and this will be monitored by authority and home buyers.
Builders have stringent compliance norms to follow. Umber Ghar software is developed out of his need. It is a bridge to RERA compliance requirements of the builder and their projects. Home buyers  through Umber Ghar- RERA filing software can have remote, definite and highly detailed view on what’s the status of their investment.

What is RERA ?

RERA or Real Estate Regulation and development act was enacted to bring about transparency
in the real estate market and enhance the consumer – developer relationship. It empowered the consumers to have better rights for his/her investments. Enabled builders to bridge the gap between them and their home buyers

What is the need of RERA?

RERA is a solution to a lot of problems floating in the real estate market. Like weak project progress monitoring, lack of confidence of consumers in builders, poor access to legal documents and most importantly an absence of a government regulating body.

How RERA functions?

Basically the developer has to register all his existing and upcoming projects under RERA, once registered the developer can give all the project relating information on the website. Maybe architectural details, construction plans, schedules etc. This happens before the sales and marketing starts.
After this the developer has to update the project status every 90 days in both physical and financial respects with the help of an engineer and C.A. This information will be provided to RERA and can be accessed by home buyers with the help of RERA registration number on RERA websites.

How does this benefit Consumers?

The consumer can now monitor all the progress and legalities on their own.
The builder has to complete the project on time if they want to avoid any legal action and penalty for delay
The builder cannot alter any part of the project as earlier specified without the consent of at least 2/3rd of the investors
What was promised by the developer has to be delivered.

Detail can be seen on https://maharerait.mahaonline.gov.in/PDF/FAQMergedPDF.pdf

How does this benefit Developers ?

With Transparency and confidence giving policy (RERA) sales will surely increase in real estate market and help bringing back the lost trust for developers.
Transparency is maintained throughout the progress of the project, at registration and after registration also. Return filing on every quarter is a mandate. Now all details regarding project progress and development, certificates and documents, CA ‘s audited reports are available.  There is no chance of any after sales complaints and if any arises there is a conciliation forum to address to redressals and grevances.
Marketing and branding opportunity is huge with the introduction of this act. A remarkably high customer satisfaction percentage can be obtained through this.

What is the role of Umber Ghar – Property Tracking application in all of this?

So now we see that legally there has to be transparency in real estate industry. Umber Ghar- RERA filing software is the medium to see through it. This software eases out all the compliance needs through its easy to use interface. Builders can update their project progress; certificates of architect, engineer and CA can be prepared and filed on the platform. Builder will get the most updated RERA website for his project.

On the other hand customers have remote, definite and highly detailed view on what’s the status of their investment. Facility of CCTv integration, video and photo uploads will establish a remote access to the site. Such transparency will improve the builders brand name.

In Conclusion RERA was enacted to bring about transparency in the real estate market. Home buyers through Umber Ghar- RERA filing software can have remote, definite and highly detailed view on what’s the status of their investment. Builders can efficiently, timely and accurately, carry out quarterly updates on the software. In effect faith and trust will be established between both the builder and home buyer mutually.

CA CERTIFICATES AND AUDIT REPORT UNDER MAHARERA

Withdrawals from project account

Withdrawal from project accounts – following documents are required for withdrawal from project account
A certificate from Architect certifying the percentage of completion of construction work
A certificate from the engineer for the actual cost incurred on the construction work
A certificate from a CA for the cost incurred on construction cost and land cost
The Chartered Accountant shall also certify the proportion of the cost incurred on construction and land cost to the total estimated cost of the project
The total estimated cost of the project multiplied by such proportion shall determine the maximum amount which can be withdrawn by the promoter from the project account.
As per the Act, the land cost can be withdrawn only in proportion to construction cost even if it has been paid in full.

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RERA FILING SOFTWARE

“Umber-Ghar, RERA Filing Software” is India’s first patented, SaaS-based e-platform, designed, developed and marketed solely by Umber IT Solutions. The system works on a cloud platform, and can be accessible over the internet from anywhere in the world. Umber-Ghar has many features which are helpful to home buyers, real estate developers, estate agents and financial institutions too.
Company’s core values are 3C’s – Customer satisfaction, Clarity (Transparency) and Communication. Umber-Ghar has focused teams for domain experts, UX design, development, sales & support. There is a dedicated team of Architects, Structural Engineers and CAs for RERA filing, compliance and support.

Umber Ghar for home buyers

Project Updates:

Builders have been black listed for project delays and possession dates have been extended at will. Some cases have shown delay of 5 to 8 years from promised possession date.
Here home buyer receives a login welcome mail from the builder after he has purchase a property in the RERA registered project. He/she now has visibility to home progress status, building progress in stages, common area progress; in photo, video, CCTv clips and virtual tour of the flat. All this can be seen in a very user friendly info graphic manner, and completely based on RERA gildelines.

Feature of Chat:

Many past grievances have occurred due to cold behaviour of post sales team. Customers do not have a contact point after registration of property, sales team do not entertain and seem very rude.
At Umber platform home buyers can chat with their relation manager, one to one chat, record of all the things communicated, and attachments exchanged will be saved till end of the project. Complaints and problems can be addressed with the help of chat record. Umber believes a customer will never have to approach a social forum or RERA conciliation forum if he has the proper channel of communication.

Umber Ghar for RERA Developers/Builders?

RERA Filing Module:

Noncompliance of RERA filing can end up with hefty penalties, other legal actions. Quarterly updates of RERA projects is a mandate. Architect, RCC Engineer, CA, have to file returns on Form1, Form2, Form3 respectively and Form4 & Form5 for building completion and yearly audit. This process means a lot of coordination, time consuming, and is also prone to errors. Record keeping of filed documents is also one of the challenges. All the documents have to be saved for 5 years from the date of project delivery and Possession certificates to all the home buyers.

Umber-Gharapplication empowers builders /promoters in several ways:

1. To coordinate builder’s office team with all these external professionals (Architect, Engineer, CA) to acquire respective certificates.
2. Digital and Signed copies of reports are well maintained on this platform.
3. Robotic automation feature furnishes all the data to MahaRERA site automatically. Error free filing is guaranteed.
4. All Stages progress photo will reduce moral responsibility of CA. Manipulation of accounts will be thus eliminated.
5. Management of all buildings and all projects is very efficiently performed
6. 2 step validation of data prior to filing
Benefits of Builders Dashboard: Today’s builder is a multi-tasked activity. He has projects in several locations, has to be on the move all the time and yet be closely connected to his business. RERA rules have to be followed is an additional burden.
Umber Ghar Builder dashboard is a platform that manages and tracks multiple projects in a simple and efficient manner

1. All the projects of the builder is managed in one place
2. Good and functional User Experience is designed to establish quick learning
3. Instalment alert for home buyers at every stage completion
4. Customer report and easy customer file management
5. Mobile accessible
6. Roles are assigned to access to the site
7. Photo, CCTv, Video, timeline, time and date stamps are visual enabler of project tracking

In Umber-Ghar, RERA Filing Service: In case you are looking for RERA consultancy service in filing your quarterly returns. We have a dedicated team of Architects, Structural Engineers and CAs for RERA filing, compliance and support. The application has made RERA filing process simple and prone to less error. All previous RERA reports saved and archived on cloud and can be viewed when required.

We are committed to Transparency and Communication. Umber-Ghar has focused teams for domain experts, UX design, development, sales & support. We take this mission of faith and trust to the next level. We are proud to offer a service and not just a platform. All the RERA compliance matters are addressed here