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
- 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.
- Project to be developed and completed in accordance with the sanctioned plans, layout plans and specifications
- To fulfil the project with promised fixtures, fittings in the flat and all the promised amenities and common areas of the apartment
- The promoter shall not make any additions and alterations without the consent of home buyers
- Only alterations as may be requested by the home buyer can be entertained
- Only necessary architectural and structural change recommended and verified by an authorised Architect or Engineer after proper declaration to the allottees.
- written consent of at-least two-thirds of the allottees,
- In case any structural defect or any other defect in workmanship, quality or provision of services
- 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
- If the promoter fails to complete or is unable to give possession by the specified date of an apartment, plot or building
- 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
- Compensate the allottees in case of defective title of the land
Section19: RIGHTS AND DUTIES OF ALLOTTEES
- The allottee shall be entitled to obtain the information relating to sanctioned plans, layout plans, flat specifications, agreement for sale & amenities with the promoter.
- To know stage-wise time schedule of completion of the project, including the provisions for water, sanitation, electricity and other amenities and services
- 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
- 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
- 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
- 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.
- Allottee shall be liable to pay interest for any delay in payment towards any amount or charges to be paid
- The obligations & liability towards interest may be reduced when mutually agreed between the promoter and allottee.
- Every allottee of the apartment shall participate towards the formation of an association or society or cooperative society
- Every allottee shall take physical possession of the apartment within a period of two months of the occupancy certificate issued for the said apartment
- 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.