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Sandbpunekar (Homemaker)     19 July 2017

Rera and transfer of flat in society under redevelopment

20 members of Housing Society have made Development Agreement with Builder/Developer before RERA Act enforced. It is expected that all members should vacate flats and handover to Builder.Only 18 members have vacated the flats. Flat of one member is mortgaged to private bank for personal loan and now Bank is ready to give NOC to Builder for change of security i.e. proposed flat to be alloted to this member after signing necessary documents of the Bank by Builder , Society and member and submission of sanctioned plan of flat by corporation.  This member will vacate the flat after NOC is given by the Bank. Second member promised to vacate the flat when sanctioned plan is received. Builder is unable to demolish building for reconstruction unless all flats are received in his possession. Builder has given provisional plan to members , society to approve the plan and allotment of flat numbers. Builder will construct 30 flats in 7 floors. He requires to purchase premium FSI from Corporation but he is helpless as rate of additional FSI is not announced by the Government.

In first phase, Builder proposed to get 4 floor plan sanction i.e. 1 : !.1 allowable free FSI on plot and start construction as per plan sanctioned and will purchase additional FSI when FSI rates are announced at later date. Builder wants to demolish present building so he is in hurry to get vacated flats. About 2/3rd members will get alloted flats upto 4th slab and remaining will get flats in 5th, 6th and 7th floor which will be sanctioned in second phase. 

Question 1: Will Corporation and RERA authority will sanction plan and give permission to project and its execution allowing to accommodate partial members in first phase and remaining members in second phase or will RERA insist Builder to wait  till Premium FSI is purchased for accommodating all th members at a time.

Question 2: Member who requires NOC from Bank as stated above desire allotment of flat on 7th floor. Bank requires sanctioned plan where member is alloted flat to change the security / mortgage charge for issuing NOC. As 5 to 7 floors plan will be sanctioned on later date,Society has requested me that for time being my alloted flat on 4th floor will be given to Bank for purpose of getting NOC and Builder will exchange flat after completion of 7th floor construction between member and me. I do not want flat on 7th floor whereas this member requires flat at 7th floor. Society , builder and member are ready to sign agreement for this purpose. What are the pros and cons and challenge if I agree and sign the agreement and help Society and Builder to get NOC of Bank to start execution of project.

Question 3: In above case, Bank will substitute charge on flat as security to loan of member which means Bank will be owner of flat alloted to me on 4th floor and documents will show that this member will be owner of flat which should be alloted to me. Can Builder, Society and member exchange the flat to me which is Bank's Security. If I want to get back alloted flat on 4th floor, will it be necessry to transfer by agreement of sale under Transfer of Property Act after construction of 7th floor.. What documents I should demand today from Builder, Society, member and Bank so that I should get my alloted flat on 4th floor back. What documents I will have to get when flat of member on 7th floor is ready and shift ownership between us.

 



 2 Replies

Sandbpunekar (Homemaker)     22 July 2017

It seems that still matter regarding RERA is not clear to experts and hence no comments received . Atleast opinion on Question No. 2 and 3 are expected.

Nitish Banka (lawyer)     18 April 2018

Posted by: Nitish Banka  Categories: Civil Law consumer 
 

 

How to file Builder Complaint under RERA?

About RERA

RERA is Real Estate Regulation Act-2016 the act was passed with an objective to regulate real estate sector in India. Real estate sector contributes to 9% GDP and is 2nd highest employment generator after Agriculture. There was a need to regulate the sector as there was huge number of builders who have defaulted in their commitment of giving possession of flat to allotees. The real estate scam in India is apparent and need to regulate builders was important an then there are one sided agreements and cheating done by builders

About 67% of projects in Delhi/NCR are delayed by more than 2 Years.

The act has a provision of mandatory registration of Builders and real estate agents and establishment of real estate regulatory authority to look into the matters related to complaint against builders.

A Builder complaint can be lodged in RERA under Section 31 of RERA Act.

Image result for rera

Builder Complaint Before Real Estate Regulatory Authority

Every State in India has RERA and under RERA builder projects are registered there are stringent provisions under which the builder has to disclose details of the project and file sanction plans,completion dates etc before he could even do marketing of the project. There are strict penalty clauses in the act with regards to non-registration of the projects.

Under Section 31 an allotee can approach RERA and can file builder complaint under RERA act. The format of complaint differ from state to state. Here we will evaluating RERA forums of Delhi and NCR.

RERA in Delhi

Delhi Rera has interim Regulatory Authority situated at Vikas Minar ITO

Complete Address-:

14th Floor Vikas Minar, ITO, New Delhi

 The webpage of Delhi RERA is https://dda.org.in/rera/

They have online complaint link https://dda.org.in/rera/EncroachDataUpload.aspx

However it is advisible to visit and file complaint under section 31 of RERA act against builders or rela estate agents in Delhi.

RERA in Haryana

In Haryana two RERA authorities are there one in Panchkula and

Haryana RERA Office Address

Real Estate Regulatory Authority Haryana
Executive Officer, RERA, HUDA Complex (Central Block),
Sec-6, Panchkula.
Phone: +91 172-2583132
E-Mail: officer.rera.hry@gmail.com

Click here to download notification

RERA in Gurgaon

The Gurgaon RERA is situated at make shift office PWD Guest house

Haryana Real Estate Regulatory Authority (H-Rera) will be finally set up in Gurugram from February 1, officials said.

The temporary office will start functioning out of the public works department (PWD) guest house on Old Railway Road near the Gurugram police commissionerate. However, the permanent office will come up in Sector 44 six months later.

RERA in Uttar Pradesh

UP Rera has a proper website and a link to lodge complaint

Website https://www.up-rera.in/index

Address

6 J.C.BOSE MARG, LALBAGH,LUCKNOW, Uttar Pradesh

E-mail: contactuprera@up-rera.in

Interest and Compensation under RERA

The authority has wide powers for redressal of complaint under RERA hera are some of recent News of decisions by RERA

H-Rera fines Gurugram builder 30 lakh for advertising project without registration

“The authority is of the view that Krisumi Corporation has violated the provisions by publishing the advertisement in the newspapers as well as on the website without getting prior registration of the project from the Haryana Real Estate Regulatory Authority, Gurugram in whose jurisdiction the said project falls and thereby committed the violation of Section 3 (1) of the Act and rendered themselves for action under Section 59 (1) of the ibid Act,” H-Rera chairman Khandelwal observed in the detailed order. Directing the company to pay Rs 30 lakh as penalty for the violations, the authority further observed that such violation would not be allowed.

Source: https://timesofindia.indiatimes.com/city/chandigarh/h-rera-fines-gurugram-builder-30-lakh-for-advertising-project-without-registration/articleshow/63497315.cms

MahaRERA imposes Rs 50 lakh fine on Piramal Realty

Moneycontrol.com–06-Apr-2018
“Section 11 (2) of RERA states that the advertisement or prospectus issued or published by the promoter shall mention prominently the website address of the Authority, wherein all details of the registered project have been entered and include the registration number obtained from the Authority and such other matters …

RERA warns builders of action for late registration

Daily News & Analysis–16-Jul-2017
We can even take suo motu action against builders who fail to register their projects after the deadline of July 31, on mere intimation about the same,” said Vasant Prabhu, secretary, Maha RERA. “However, we are expecting all the builders to register their projects within the deadline or else we will fine the …

RERA to Mumbai builder: Compensate buyers for delay in giving …

Hindustan Times–31-Mar-2018
The Maharashtra Real Estate Regulatory Authority (MahaRERA) in its recent order has rapped a builder who violated construction rules and tried to put the blame of delay in possession of a flat on government agencies. The order also provided relief to homebuyers who were given possession of their …

MahaRera directs builder to refund cash component over delay in …

Times of India–20-Mar-2018
MUMBAI: Maharashtra Real Estate and Regulatory Authority (RERA) recently directed a builder to repay with interest Rs 25 lakh including a cash amount of … The Rera Member said that grounds of delay given by the builder, could be treated as mitigating factors to refuse buyer’s claim for compensation.
 
Advocate Nitish Banka
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