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Monday, June 26, 2017

Beware; Registration with RERA doesn’t mean the project is authentic……

The basic object of the Real Estate Act (REA) was to ensure accountability towards allottees , protect their interest , infuse transparency, ensure fair-play and reduce frauds & delays. However it seems promoters and builders have decided to challenge competence and power of the Real Estate Regulatory Authority ( RERA) established under REA.RERA also has seems to be succumbed to builders tactics or  doesn’t  have enough infrastructure to verify the validity documents provided by Builders . As far as Maharashtra RERA ( MahaRERA) is concerned many builders  have not provided authentic documents to it while registering their projects  and MahaRERA also has not verified those. Even then many builders and promoters have successfully obtained registration certificate from MahaRERA.


Some Builders have either not uploaded their photo or uploaded such photo on MahaRERA website

Already Maharashtra RERA rules have been diluted and now builders are not providing authentic and full information and that that has caused a serious question of authenticity of projects even after they obtain the RERA registration. It is different thing that after complaint MahaRERA may take action on defaulting builders but obtaining information from builders was difficult for consumers. That has not been made easy by REA in Maharashtra. Even after obtaining information, understating and analyzing it is huge task. Then forget about complaining it to the RERA.


The reasons may differ but various authorities in Maharashtra always refrain themselves from any accountability, causing serious damage to basic objectives of proactive Acts. Be it The Registration Act, The Right to information Act , Maharashtra Right to Public Services Act or Maharashtra Land Revenue Code. MahaRERA seems to be no exception for that and reason is the builders and promoters don’t want REA to be succeed and want their illegitimate right to cheat consumers intact.

Some builders and promoters have either not uploaded commencement certificates or approved building plants or uploaded such  documents on MahaRERA website

There may be possibility that MahaRERA may not have adequate infrastructure to verify authenticity of the documents that builders provide, but it is its responsibility ensure that all the documents required to be submitted under REA are provided. Many builders either have not provided mandatory information or have provided illegitimate, irrelevant or unreadable information. Even then they have received registration certificates. It is now consumer’s duty to obtain the legitimate documents from MahaRERA,  analyse it and then lodge the complaint if any.

Some builders promoters have not uploaded building plans on MahaRERA website


As per REA builder promoter has to provide and publish
(a)    a brief details of his enterprise including its names and photographs of the promoter;
(b)    a brief detail of the projects launched by him, in the past five years details of cases pending, details of type of land and payments pending;
(c)    an authenticated copy of the approvals and commencement certificate
(d)   the sanctioned plan, layout plan and specifications of the proposed project or the phase thereof, and the whole project as sanctioned by the competent authority;
(e)    the plan of development works to be executed in the proposed project and the proposed facilities to be provided thereof including fire fighting facilities, drinking water facilities, emergency evacuation services, use of renewable energy;
(f)     the location details of the project, with clear demarcation of land dedicated for the project along with its boundaries including the latitude and longitude of the end points of the project;
(g)    proforma of the allotment letter, agreement for sale, and the conveyance deed proposed to be signed with the allottees;
(h)    the number, type and the carpet area of apartments for sale in the project along with the area of the exclusive balcony or verandah areas and the exclusive open terrace areas apartment with the apartment, if any;
(i)      the number and areas of garage for sale in the project;
(j)     the names and addresses of his real estate agents, if any, for the proposed project;
(k)    the names and addresses of the contractors, architect, structural engineer, if any and other persons concerned with the development of the proposed project;

However in Maharashtra Real Estate Rules promoters and builders have been exempted from publishing details provided under clauses (b), (e), (g), (h), (i) and (l). Taking full advantage of diluted rules and working of MahaRERA , promoters and builders have suppressed lot of vital information.

This is the expired stamp paper used for self declaration , The information provided on this paper is also bogus

AS per REA for on-going projects three months period from the date of commencement of the Act for applying for registration. However some promoter builders have taken this as an amnesty scheme to revive their dead projects. Some builders who have started their projects 15 – 20 years back and supposed to complete it before 2005 have now given proposed date of completion of project year 2022. That means the project if completed will take 22 years to complete.

This Project was supposed to be completed in year 2005 , commencement certificate was given  first 2001, Now proposed date of completion is 2022


Every commencement certificate or plan have limitation period. After expiry these documents have to be re-validated. However some builders have uploaded expired document on MahaRERA website. As well,  as per REA builders promoter builder builders have to provide and publish along with brief details of the projects launched by him, in the past five the payments pending. However hardly any builder has complied with it.

There are several other violation made by builders promoters while providing information to MahaRERA . Even then they have got registration certificates but that doesn’t mean the projects are authentic or they have all the required and legitimate documents to start or continue the project. Therefore it is now consumers’ duty to be alert.. If you have any query on this subject please right to vijaykumbhar.com

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Vijay Kumbhar

RTI Resource Person, RTI Columnist

Phone – 9923299199


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Friday, June 23, 2017

IT Professionals; Soft Target of Real Estate Mafia

Vietnamese Buddhist monk and peace activist Thich Nhat Hanh  says “In the past there were people who were not rich but contented with their living style, laughing and happy all day. But when the new rich people appear, people look at them and ask, 'why don't I have a life like that too, a beautiful house, car and garden, and they abandon their values” . Recently I got a call from IT Professional. He wanted to buy a piece of land, the plot has got permission from Godown NA. He wanted  to build a house. Even after knowing that what he was doing was illegal , he was ready build a house there just because he  has lot of money to waste.I won’t say that all the new rich people have abandoned their values. But most of those do have. In this class IT professionals number is slightly high.


Though not legal but we can understand if someone who doesn’t have a home to live, builds a illegal construction or lives in slums. But when the people who call  themselves to be educated, if they buy illegal flats or plots, as mere luxury or investing?  then what to say?. Just because of such so called investors or buyers most of the laws like ceiling on agriculture land holdings, prevention of subdivision of agriculture land, environment law  etc. are being blatantly violated  in the Maharashtra.

In the past few  years in Pune and surrounding  many big projects, townships have emerged. However  hardly any of these projects have followed all the  legal requirements.Project proponents hardly give any information to potential buyers unless they invest  something. Even they don't share survey numbers with buyers and these buyers also pay initial amount without verifying authenticity of the  the property.

For the past few years,Maval and  Mulshi talukas of Pune District  talukas have become a major attraction in the field of land dealings. In the name of proposed  Non-Agriculture  Plots, Proposed Townships, proposed housing  project  the Mafia had started to fool the so-called investors. They do all illegal activities hand in glove with public authorities.

In past few years  the business  related to Information Technology has flourished in Pune. And as the income of the employees in this business is slightly high, a separate class of investors has cropped up.  As  this new class  is  related to information technology and for many other reasons, they visit advanced countries. While buying flat or plot in India they compare the situation with the developed countries.They start dreaming same scenario here. 

As the Mawal and  Mulshi Talukas received a boon of nature. Naturally the land mafia cashed the opportunity. They started showing same dreams to these investors.And thereafter where use of simple spade was banned by legislation , the plush projects started to come up. These Mafia didn’t care about any law at all. From then on Bungalow, flats and plotting schemes on  luxury or scenic places began to rise.However most of the tmes these luxury or scenic places are on paper only.

As this new class of  investors was easily huntable. Mafia  look at it a soft target. Not only that, this class is always ready to get hunted  itself by Mafas. This class do not bother to see if any law of this country is being violated  or how. Even if someone brings it to there notice they easily  say ‘India mein to yeh sab chalata hai”. That is the reason why large number of IT professionals have also invested in the Templar Daily Real Estate Pvt Ltd. which has  cheated thousands of investors in Mumbai and Pune by running the fraudulent investment plans like ‘BuyBack’or “double your money”. 

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RTI Resource Person, RTI Columnist
Phone – 9923299199

                   http://surajya.org/
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Monday, June 19, 2017

Nagpur Police seize scammer builder’s Property worth Rupees 40 Crores

In an interesting development Economic Offences wing of Nagpur police has seized property of high profile builders  worth Rupees 40 crores. Normally police and even courts doesn’t consider such cases of criminal nature they put it under carpet of civil cases.However in this case police not only registered this case under section 420 of IPC but also successfully seized  builders property.






It is alleged that Mukesh Jham and  Hemant Jham have created one of the biggest real estate scam in Nagpur running into several crores. So far they have looted hundreds of middle class customers of their lifetime savings. There are more than 100 complaints filed against them in sonegaon police station of Nagpur. People have  also started online petition against them.

In this instant case  one  Shrikant Ramchandra Janbandhu resident of Samta Nagar, Kumbhar  Toli finalized to purchase the row house No. 101 for the consideration  amount of Rs.11,99,000/­ and he paid Rs.2,39,800/­ as part payment  to the applicant and agreement to that effect was executed on  01­11­2011.  In the said agreement, the applicant had assured that he  will give the said row house within 18 months. However after not getting  possetion even after 4 years he filed FIR under section 420 IPC i.e cheating.

Jham Builders  had undertaken the   development and  construction of Khasara No. 108 and 109 of Patwari Halka No. 46 at  Mouza   Waghdhar, Taluka Hingna.  They had  invited the willing purchasers  to invest their amount for booking of the flats and row houses.   However they could not complete the project in time. They gave explanation that the suit land comes under Metro Region and  therefore,  had sought the permission from Nagpur Improvement Trust  to clear this land and for this, the construction work was  started belated  because the sanction of Nagpur Improvement Trust was mandatory to  complete the scheme of row houses and flats.  

Not satisfied with builders explanations Shrikant  Janbandhu and others filed a FIR with sonegaon police station. The court had also assumed that matter was of civic nature and also criticized Police for relying  rely upon the submission of the applicants. However Police later on successfully seized Jham builders property.

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Interestingly Hemant Jham was thrashed and kidnapped from his office over money matter by 4 persons from Somalwada area in 2016 i.e after filling of FIR against him in sonegaon Police Station.. However the same sonegaon police in swift action,  not only rescued the builder but also arrested the four abductors within hours.

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RTI KATTA is a platform to empower oneself through discussions amongst each other to solve their problems by using Right to Information act, Every Sunday at Chittaranjan Watika, Model Colony,Shivaji nagar, Pune, between 9.30 to 10.30 A.M.

RTI Resource Person, RTI Columnist
Phone – 9923299199

                   http://surajya.org/
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Tuesday, June 6, 2017

Project Proponents and Agents stunned as Maharera Penalize Estate Agency

The project proponent and Real estate agents who are adverting Real Estate Projects on social media Without registering projects with Real Estate Regulatory Authority are stunned, as in First of its kind action , The Maharashtra Real Estate Regulatory Authority ( MahaRERA) has penalized Sai Estate Consultant of Mumbai . It has fined the agency with Rs 1,20,000 for breaking MahaRERA regulations.It is mandatory for the builders, agents and housing projects to be registered with MahaRERA. Their registration numbers need to be mentioned in the advertising articles.



In exercise of powers conferred by Section 36 of the Act MahaRERA has directed the to withhold the advertisements with immediate effect and rectify all the hoardings by putting MahaRERA registration number on the said hoardings.

A project Specific Discussion Forum for Flat – Plot buyers who want to discuss or ask questions without disclosing their identity

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Sai Estate Consultant Chembur Pvt. Ltd. is has been  restrained from advertising any project for marketing, booking and selling or offer for sale or inviting persons for purchase of any building / apartment which has  not registered with MahaRERA, though required to be registered.

MahaRERA has also directed the agency to put stickers on the future advertisement of the project which has not been registered is being advertisements that as per the directions of MahaRERA, the advertisement of the project which has not been been registered is being withdrawn and directed to mention apologize for the same.

The agency has been  asked deposit the amount of a penalty at the rate of Rs. 10.000/ per day in the office of MahaRERA for the violation period of 12 days .

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RTI KATTA is a platform to empower oneself through discussions amongst each other to solve their problems by using Right to Information act, Every Sunday at Chittaranjan Watika, Model Colony,Shivaji nagar, Pune, between 9.30 to 10.30 A.M.

RTI Resource Person, RTI Columnist
Phone – 9923299199

                   http://surajya.org/
Email     – kvijay14@gmail.com