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Showing posts with label REA. Show all posts
Showing posts with label REA. Show all posts

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 the competence and power of the Real Estate Regulatory Authority ( RERA) established under REA.RERA also has seem to have succumbed to builders tactics or does n’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 a 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 the huge task. Then forget about complaining about 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 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 the possibility that MahaRERA may not have adequate infrastructure to verify the 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 the 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 the 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 firefighting 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, an 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 the 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 a proposed date of completion of the project year 2022. That means the project if completed will take 22 years to complete.

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


Every commencement certificate or plan have the limitation period. After expiry, these documents have to be re-validated. However, some builders have uploaded an 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 violations 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 write to admin@vijaykumbhar.com

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The Maharashtra Real Estate Rules; Latest victim of Bureaucracy & Builder nexus

Builder bureaucrat nexus makes Maharashtra RERA Rules nightmare for home buyers

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Saturday, April 30, 2016

Hurdles in appointment of Real Estate Regulatory Authority in Maharashtra Removed

Any time after 1st May 2016 the government of Maharashtra may establish Real Restate Regulatory Authority ( RERA )or delegate its power to somebody. On account of present controversy over Maple Groups misleading advertisements under Pradhanmantri awas Yojana ( PMAY) , FIR’s and further drama, it was alleged that presence of RERA would have made significant difference and timely intervention of RERA would have saved several peoples’ hard earned money. However, now with notification dated 27th April 2016 hurdles in appointment of RERA or delegating it’s powers to somebody have been removed .


Photo courtsey www.thehindubusinessline.com


The Ministry of Housing and Urban Poverty Alleviation (MHUPA) of government of India has brought in to force some provisions of Real Estate ( Regulatortion nad Development )  Act 2016
( REA )   as well it has repealed The Maharashtra Housing (Regulation and Development) Act, 2012. The MHUPA has announced this with a notification dated 27 April 2016.With this notification MHUPA has brought some sections of the Real Estate Regulatory Act 2016   into force.


Section 81 read with Section 82 ( C ) Real Estate Regulatory Act empowers appropriate Government to delegate powers of RERA  to any authority  if circumstances exist which render it necessary in the public interest so to do. The MHUPA has brought in to force section 81 to 92 including following provisions of REA  from 1 may 2016.

Section 2 – Definitions, This section deals with the all the terms used in real estate sector

Section 20 to 39 – These sections deal with the Establishment and incorporation of Real Estate Regulatory Authority, Composition of Authority. Qualifications of Chairperson and Members of Authority. Term of office of Chairperson and Members. Salary and allowances payable to Chairperson and Members. Administrative powers of Chairperson. Removal of Chairperson and Members from office in certain circumstances. Restrictions on Chairperson or Members on employment after cessation of office

Section 41 to 58 – These sections deal with the Establishment of Central Advisory Council. Functions of Central Advisory Council. Establishment of Real Estate Appellate Tribunal.

Section 71 to 78 – These sections deal with Power to adjudicate. Factors to be taken into account by the adjudicating officer.

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