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/

 

 

 

Will RERA Compliance bring sales boost to stale Real Estate Economy?

Conciliation forum & Settlement of Disputes by MahaRERA

RERA is a platform where an aggrieved home buyer can file a complaint directly on MahaRERA site. Government wants to promote and popularize the amicable and effective settlement of disputes arising with reference to Real Estate. And to offer speedy settlement of commercial disputes MahaRERA has also provided another Alternate Dispute Resolution (ADR) mechanism of Conciliation forum.
The article will also touch upon most common complaints. Can builders proactively avoid complaints? Are their any measures have grievance less and foster happy home buyers? Will the spirit of RERA i.e. transparency, faith and confidence, in the governing bodies & private builders, ever be established? We shall touch upon these concerns.

Background

RERA started with complain mechanism. Solving such grievances involved trials and legal proceedings. The conclusion of several cases has ended in compensation and penalty. Home buyers have been satisfied with the verdict and justice offered. Time and effort to number of pending complaints was very high. So as a Alternate Dispute Resolution (ADR) mechanism Conciliation forum was established.

Highlights of Conciliation forum

1. Aim is to have Mutual and amicable conciliation of dispute
2. Dispute settlement forum has 15 consumer representatives (from Grahak Panchayat Mumbai & Pune)
3. 18 developer/promoter members from associations like CREDAI and NAREDCO.( Confederation of Real Estate
Developers Association of India and National Real Estate Development Council).
4. The conciliation forum is headed by the secretary of MahaRERA.
5. The purpose of conciliation forum is to solve disputes amicably. And not take up a legal battle. (Legal as we
all know will mean waste of time, money and delayed verdict)

Common Reasons and Settlement

1. Most common matters of dispute are: Matters of Quality of construction, promised amenities,
late delivery and disputes rising due to money matters etc.
2. Grievances due to OC not granted conveyance deed, Title deeds and agreements.
3. Home buyers compensation norms are prescribed in the RERA Act. (section 59- Non registration : 10% of the cost
of real estate project or 3 years imprisonment, section 64, section 66, section 68)
4. In most cases buyers seeking cancellation and ask for a refund.
5. If matters are not resolved at Conciliation forum, it can be approached to appellate body MahaRERA

https://www.moneylife.in/article/maharera-evaluates-complaints-from-home-buyers-and-rules-against-builders-in-four-cases/52421.html

Can litigation / conciliation be avoided?

Complaints & litigations mean brand devaluation, loss of business, home buyer will see your project suspiciously and the domino effect is carried further. Hence miscreant and malpractice has no room in RERA Era. Transparency, trust and good communication will not allow such grievances to furnish. How can builder /promoter earn happy customers? Some strategies that promoter/ developers can adopt are listed below.

1. Amenities that are promised should be published on the website or brochures.
2. Property tracking mechanism should be built and shared with home buyers
3. After sales relation should be established
4. Communication should be on personal basis
5. RERA compliance certificates can be shared with the home buyers
6. Quarterly updates of building and common amenities can be shared.
7. Customers and bank can be notified of completion stages.
8. Payment collection should follow the prescribed RERA standards
9. In case of delays in project allottees should be informed
10. In situation of change in development plan and layout consent of allottees can be obtained
11. Aware and informed home buyers.

Millennials are the new home buyers. They have the power of internet, social media & forums. Without going through reviews they do not buy. In a sluggish industry and thinning profit margins there is no room for conciliations. Needless to say conciliation comes with compensation & penalties.
Find out how can you avoid this? Can you have happy home buyers?
Visit our site to find awakening tips and solution…

What are the Rights of a Home Buyer in RERA act?

Real Estate Regulatory Authority (RERA) Act is aimed at protecting the interests of buyers in the real estate sector. First and foremost rights of a Home Buyer in RERA act is a mechanism for quick dispute redressal like conciliation forum. Right to compensation on issues like delay in project delivery, Occupation certificate, completion certificates. Grievances on matters of property pricing, quality of construction will be answered. Matters of title deeds and other land or building agreements will be solved. Benches and conciliation forums will solve disputes in an quick, efficient and transparent manner.

Benefits of RERA to Home Buyers

Delay in the projects can be addressed

Developers who default the delivery date will pay an interest rate of 2%
Possibility of imprisonment of up to three years.

Quarterly progress disclosure

Common area and amenities’ progress has to be updated quarterly on MahaRERA website
Every building has to produce its progress report on quarterly basis along with CA’s certificate on expenses incurred.

Selling by Carpet area

Selling of property can only be based on the carpet area. Built-up and super built-up areas are demolished. Earlier buyers would be misled by builders on the carpet area, super built-up area, they would receive. Simply because nobody measures these things, thereby builders would deceive the consumers.

Buyers Consent for any change in plans

Developers will have to acquire consent of two-thirds of the buyers in a project before changing project’s design or any other structure. Earlier the builder would change the plan any time without intimating the home buyers. Now this will be punishable or penalised by RERA act.

Responsible for any defect in the construction for 5 years

Quality of the construction has been a concern for many buyers. Structural defect that takes place to the property for up to five years from the date of handing over possession will have to be repaired by the developer. Builder will have to repair it within 30 days without further charge.

Use of your money on your project only

The developer will be required to transfer 70% of the money received from buyers to an escrow account. Post which, the money will be withdrawn as per the stage of the construction, that will be approved by engineers and chartered accountants of builders.

Conciliation forum for grievances to quickly solve disputes
CREDAI and NAREDCO are a part of conciliation bench in Mumbai and Pune. Disputes will be addressed quickly and amicably. RERA body is working on many such benches across major cities. This is a part of Alternate Dispute Resolution (ADR) mechanism.
Builders will need all clearances before selling
Builders and agents will have to register themselves with the RERA, disclose every detail about the project and will be able to sell projects only after the necessary clearances have been attained.

No more false promotions. What you see is what you will get
Advertisement will have to carry the RERA registration number
Honest pictures and on false commitments on amenities or look of the building

EXCERPTS:
Rights of a Home Buyer in RERA act is aimed at protecting the interests of home buyers and providing financial transparency, legal transparency, Commitment transparency, Administrative redressal is ensured in the new rule of RERA law. RERA registered projects have to abide by Quarterly progress disclosure, be responsible for any defect in the construction, use money of home buyers on that project only (Escrow account)
Make sure you are an informed and a savvy buyer. Give us a call to know how we can show digital transparency to home buyers. Also see all the projects that are frequently updated on our platform. See a platform that offers transparency and builds faith in the system.We help you fulfil your  dreams Ghar!
Backlink: https://umber-ghar.com/home.html#forCustomer

MahaRERA send notices to builders for not updating info regularly

As per Clause 20 of the Maharashtra RERA Act, the information of registered project needs to be updated every quarter, primarily with regard to project completion and units sold. However, following their mandatory registration with the regulator, most of the realty developers seem to have either forgotten or ignored the norm of updating project details every quarter. More than 65% of the MahaRERA-registered projects have not updated the information in the last three months, showed a study by Propstack, a real estate data analytics