Tuesday, January 28, 2014

Real Estate Bill Ground Reality - कैसे रोकेगी सरकार बिल्डर चीटिंग एंड black money रियल एस्टेट सेक्टर मे।

कैसे रोकेगी modi  सरकार बिल्डर चीटिंग एंड black money रियल एस्टेट सेक्टर मे।  

#war against corrupt Builder

तारीख मिलने लगी है आज कल, फैसला तब भी न हुआ था, अब भी न होता लगता। @myogiadityanath कुछ करिये

अगर सरकार और प्रशासन सचमुच लोगों के मकानों की समस्या का समाधान चाहता है तो करवाई करनी पड़ेगी। बिल्डर अथॉरिटी माफिया आसानी से खत्म नहीं होगा


समाधान निकालने की नीयत है ?निवासी प्रतिनिधियों की monitoring commite बनाये । जो CM ऑफिस को हर महीने रिपोर्ट देगी।


पैसा सहारा के पास भी नहीं था, जेल गए तो सब रास्ते निकल आएंगे। इतने केस हैं बिल्डर्स पर क्यों एक दो को ही जेल हुई


@myogiadityanath @Satishmahanaup @NoidaAuthority @naredermodi @pmoIndia जब तक इनमे से कोई जेल नहीं जाएगा पैसा बाहर नहीं आयेगा, काम नहीं होगा।


If sahara assets can be seized & auctioned to recover investors dues what stops authorities to do d same with builders ?


UP बिजली घोटाला, बिल्डर खरीदे 100 की बेचे 150की। सीधी supply उपभोक्ता को क्यों नहीं @SOPVVNL @MdPvvnl @CMOfficeUP @UPGovt , कौन कौन है शामिल

What Court Says
Refuse to pay taxes if govt doesn't curb 'hydra-headed' corruption: Bombay HC

रियल एस्टेट बिल में जनता फिर पीस जाएगी क्योगी राज्य सरकारों और केंद्र सरकार में तालमेल में कमी हमेश रहती है  और बहुत सारे decision राज्य सरकार  पे छोर  दिए गए है नियम राज्य -राज्य बदलते जायगे। 

https://youtu.be/IM5YU75IVlw




                        https://twitter.com/bhatia_kishor/status/851023826167246848


What PMO things about Transparency


इंडिया के अच्छे दिन 


सौगन्ध मुझे इस मिटटी की मैं देश नहीं मिटने दूंगा मै देश नहीं झुकने दूंगा - श्री नरेंद्र मोदी जी




Ref : Dainik bhaskar 1 may 2017 


Ref : Dainik bhaskar 1 May 2017


To stop Corruption and cheating in Sale deed by builder

Fix Heads Structure and streamline cost in all Builder /real estate


Online submit on government portal and same can be only use as for sale deed with all individual buyers. Viewable to everyone.

Bar coded and PAN / TIN Number linking.

Strict provision for builder to upload monthly bases of construction progress picture and until and construction activity going on they cannot send offer for possession and asked for final demand.

Penalty clause on builder if more than 3 year is over after booking the flat -All Builder Play game to get ownership transfer premium –

Cheating in Sale deal Buyer _ builders

Hiding facts and manipulation to gain profit

Sale deal format should be fix national wise and only down able from government online site. All buyer concern and clause should be fixed , penalty clause should be same for builders or Buyer , like if 18 % charges from customer /buyer for any delayed then Builder have to pay same 18 % for delay by builder by any reason, and in addition to above builder have to pay

Direct & indirect cost incurred by buyer due to delayed possession.

A 18% interest on the amounts paid till date in addition to per square feet compensation, in line with what he has made all of us pay.

B Rentals paid by flat owners during this delayed period.

C Potential rental revenue loss by the investors due to this delay.

D Bank interest paid by flat owners to the banks towards the home loan.


Aam Budget Fail - Kaha gaya sabka saath sabka vikas-desh nahi mitne dunga

Sarkar Ki Kathani or karni me fark

policy implementation is too slow only sweet talk 

Real estate Bill Not covered Roles played by black money

Some of the burning issues facing this Industry are not covered in this legislation. For example the issues of Project Clearance and Environment – lengthy and arduous process of project approvals – clear land titles, search mechanisms and the roles played by black money.



फ्लैट मिलने में देरी हुई तो बिल्डर देगा हर महीने 20 हजार जुर्माना

Tweet aajtak.in[Edited By : स्वाति गुप्ता] | लखनऊ, 25 जनवरी 2016 | अपडेटेड: 12:19 IST टैग्स: फ्लैट मिलने में देरी| राष्ट्रीय उपभोक्ता विवाद निपटान आयोग| 20 हजार हर्जाना
ई-मेलराय देंप्रिंटअअअ


आयोग ने बिल्डरों को सिखाया सबक, अब देना होगा हर्जाना
फ्लैट खरीदने वालों के लिए एक राहत की खबर है. राष्ट्रीय उपभोक्ता विवाद निपटान आयोग ने एक बड़ा फैसला सुनाया है जिसके तहत बुकिंग के बाद अगर फ्लैट मिलने में देरी होती है तो आपको हर महीने 20 हजार रुपये का हर्जाना मिलेगा.

15-20 हजार का हर्जाना देंगे बिल्डर
आयोग का यह आदेश है कि बिल्डर को अब पार्श्वनाथ प्लेनेट रेजिडेंशियल प्रोजेक्ट में 175 स्वायर मीटर का फ्लैट बुक कराने वाले लोगों को हर महीने 15 हजार और बड़े फ्लैट बुक कराने वालों को हर महीने 20 हजार रुपये का हर्जाना देना होगा.

देरी के चलते ग्राहकों को परेशानी
आपको बता दें कि आयोग ने पार्श्वनाथ डिवेलेपर्स को यह आदेश दिया है कि उसके प्लैनेट नाम से चल रहे प्रोजेक्ट में हो रही देरी से ग्राहकों को जो परेशानी हो रही है उसके लिए ग्राहकों को हर्जाना दिया जाए. यह प्रोजेक्ट लखनऊ के गोमतीनगर इलाके में चल रहा है.

54वें महीने से हर्जाने की रकम मिलेगी
आदेश के मुताबिक जिस दिन ग्राहक फ्लैट की बुकिंग कराएंगे यानी डील होने के 54वें महीने से हर्जाने की रकम मिलना शुरू हो जाएगी. दरअलस पार्श्वनाथ डिवेलेपर्स ने बताया था कि उसे लखनऊ डिवेलपमेंट अथॉरिटी के तरफ से सारे अप्रुवल मिल गए है लेकिन जब ग्राहक साइट पर पहुंचे तो काम रुका हुआ था. ऐसे में ये कड़ा कदम उठाया गया.

क्या है पूरा मामला
दलअसल लोगों ने 2006 में पार्श्वनाथ प्लेनेट रेजिडेंशियल प्रोजेक्ट में फ्लैट्स खरीदे थे. एग्रीमेंट के तहत ग्राहकों को 42 महीने के अंदर फ्लैट मिल जाना था लेकिन ऐसा हुआ नहीं. इसके बाद सभी ने राष्ट्रीय उपभोक्ता विवाद निवारण आयोग में शिकायत दर्ज कराई. इसके बाद आयोग ने आदेश सुनाया कि अब पार्श्वनाथ डिवेलपर्स को गोमतीनगर स्थित प्रोजेक्ट में देरी होने के लिए 20 हजार का जुर्माना देना होगा.

http://m.aajtak.in/story.jsp?sid=851840&secid=80

Penalty on  builder if more than 3 year is over after booking the flat -All Builder Play game to get ownership transfer premium – Real Estate Bill


All builder are playing and promoting delay in project and not completing project to get occupancy certificate and without occupancy certificate flat owner should not get registry

At the end if buyer or investor want to sell the unit flat builder are asking for premium of approximate RS 100 to 150 per square feet. All this promoting black money transection due to missing penalty clause on builder for not completing project timely on within 3 years after first booking.

Requesting PMO India to help to get our home timely we are in end user or general public are in big trouble

In real estate bill there should be flat  penalty clause (10% of flat/house cost) on builder if more than 3 year is over after booking the flat and this amount should have to be paid by builder to Flat owner with PAN number  - All Builder Play to get ownership transfer premium

#blackmoney #Incometax  # Budget 2016
 
#realestatebill , India First, #deshnahibikneduga #GIVEUSOURHOMES #housingforall
+MyGOV MOdi Sarkar +Arun Jaitley +Ministry of Information & Broadcasting @MVenkaiahNaidu



Black Money & virtual money has made #realestate costly for Indian citizen 



No clarity in possession

Builder, Bank, and local authority playing but actually suffer by end buyer, decision time frame need to fix maximum 1 month, an online portal should be design for all stake holder, financial penalty clause need to introduce for local authority, Even any pollution board, Environment board, state authority, builders for taking delaying in decision and making obstruction in development of India., why they had not wakeup earlier and only for political gain, or gaining profit, black money , Hurting Indian economy money and extra power force comes from out of India & bad mindset organization All this happen .

Buyers concern

Builders are playing no work at site they are saying no fund, no finance available 3-4 years are over there 15 to 20 % unit are still unsold. Is this investor fault. Builders, bank, authority playing and getting profit. We need to pay big interest amount to bank as well as rent of house, end customer are in big trouble. Even no responsibility taken by authority accountability need to be define for builders, authority and government , bank also be accountable,


Builder are not filling ITR, No balance sheet and lunching new project every day with different name without completing their old project. This is case with every builder is this the dream of #housing for all

Way to Move forward - Flat buyer Concern

Builder unethical practices and Flat buyer Concern

1. cases solution as per court

http://cms.nic.in/ncdrcusersWeb/search.do?method=loadSearchPub

2. National Consumer Disputes Redressal Commission

http://ncdrc.nic.in/

3. PG Portal for central as well as state ministry

http://pgportal.gov.in/


online submission of scan letter, All / Maximum people need to sign on concern letter and send to ministries, please do not wait for all People start sending letter in in 10 -10 group of people,

Important point is follow up action

Important contact ministry is


  • Ministry of Urban development 
  • Ministry of Housing
  • Ministry HUPA- M/o Housing and Urban Poverty Alleviation

4. Please use sites picture with date stamp, supportive document for concern and please verified builder detail information from Ministry of corporate affairs


CIN number and right company name of builder project wise

don't argue with anybody always believe in written communication.


Request to PMO India

Looking for support from PMO India in

  1. Clear date of the possession- Really Big issue for middle class we have to pay rent as well as Interest of Bank 
  2. Transparency of Document with Buyer (Certifying copy of Document) 
  3. Certified copy of the occupancy certificate and the certified copy of the board resolution authorizing the company representative to sign such papers along with the possession letter)
  4. What additional compensation will they be offering for delayed possession

Real estate developers eye tax relief on deemed rental income

the tax law provides that only one house property owned by an individual will be treated as self-occupied and hence will not be taxed. Any additional house property owned by an individual which is not actually let out is treated as deemed to be let out and taxed accordingly .



Government body needs to make this compulsory that builder have to submit on line document which is view able to everyone.








Government effort making system for Transparency. this will bring Indian economy on the top

Director Housing

PG Reference: PMOPG/E/2015/0136161
The central Government has moved the Real Estate (Regulation and Development) Bill to curb the malpractices in real estate sector and protect the interests of buyers of houses/flats. The Bill had been examined by a Select Committee of Rajya Sabha and recommendations of the Select Committee are under consideration of the Cabinet. The proposed Real Estate Regulatory Authority will have jurisdiction over the ongoing schemes also.


Reference:

  1. PMO Office Ref no: PMOPG/W/2015/0075262 dated 08 Aug 2014
  2.  Ministry of Housing & Poverty Alleviation- F.No.O-17034/9/2015-H-FTS-12709 


+PMO India #housingforall 




Noida Authority online RTI also very tough,

They do not have intention to solve the issue only making the atmosphere of black money & corruption

Gaps in RTI replies, flat owners file appeals


TOI Noida Sep 17, 2014,
http://timesofindia.indiatimes.com/city/noida/Gaps-in-RTI-replies-flat-owners-file-appeals/articleshow/42654944.cms

NOIDA: Noida Extension Flat Owners Association (NEFOWA) filed 35 "first appeals" with the Greater Noida Authority on Tuesday, claiming that replies to most of the 100 RTIs they had filed in August seeking information from builders on several issues were "unsatisfactory".


A letter highlighting the issue was also sent to the Prime Minister.

"We filed 100 RTIs on August 8, asking GNIDA to share information on maps of various housing projects, their layout plans, deeds of declaration, true disclosure forms, etc. But we didn't get any of these in their responses," said NEFOWA general secretary Shweta Bharti. The body had also asked queries about the quality of building materials being used at various projects.

"We're surprised true disclosure forms and deeds of declaration were not submitted, as, according to the UP apartment act, 2010, these two documents are the most important information on a project, which builders need to submit with the authority," Bharti said.

"Realtors who haven't submitted true disclosures with GNIDA but are selling flats are violating section 4(1) of the UP apartment act. Those who haven't submitted deeds of declaration are violating section 12 of the act. We've been forced to file the first appeal as GNIDA hasn't been able to furnish these," said NEFOWA co-founder Indrish Gupta.

"When an RTI response is incomplete, "first appeal" is the next bonafide action an appelant can take. They also carry a monetary penalty for the respondent if they fail to respond within the allotted time," said Gupta.

"The authority said they don't have a system to check quality of materials used. This is a potential danger. How can we be sure flats are going to be safe in future?" Gupta added.

What is going to happen with people who has booked flats/ home but still they did not get Possession

IFSM:  Interest Free Maintenance security /Charge. 

In most of the situations, the maintenance charges are paid by the possessers ( Rs.1/2 per sqft) after the RWAl/local authority is elected which generally happens after 2 years following possession. So the builder charges this amount for the first 2 years in the account where he is responsible for the maintenance of the entire society.


Buyers won’t have to pay 12.36% service tax on one-time maintenance fee paid to builders Developers have to keep records and refund the balance once housing society is formed.
http://timesofindia.indiatimes.com/city/mumbai/Flat-buyers-spared-service-tax-on-maintenance-fee/articleshow/27154579.cms

EDC - External Development charges

Explain external development charge better: HC to HUDA

The court had sought a detailed affidavit from the government on the collection and use of EDC.
the government seeking an explanation for not spending the over Rs 5,000 crore that it has collected as EDC since 2001.
http://archive.indianexpress.com/news/explain-external-development-charge-better-hc-to-huda/781994/

Taxes on Under construction Property 

- more clarity required head wise

Abatement: Notification No. 26/2012 dated 20th June 2012 states the relevant abatement scheme, under which there is an abatement of 75% offered in
http://www.servicetax.gov.in/notifications/notfns-2012/st26-2012.htm

Head Abatement % Service Tax Applicable
Basic Sale Price 75% 25%*Service Tax Rate = 25%of 12.36% = 3.09%
Preferential Location Charges (PLC) 0% 12.36%
Club Membership/ Maintenance Charges 0% 12.36%
IFMS (Interest Free Maintenance Security) or IBMS ( Interest Bearing Maintenance Security) N/A NIL
Car Parking 75% 25%*Service Tax Rate = 25%of 12.36% = 3.09%
One Time Power Backup Charges 0% 12.36%
EDC/IDC N/A NIL , Provided Development charges , to the extent they are paid to state Government, or local bodies
Transfer Charges 0% 12.36%



 Supper area & Carpet Area Charges Concern


Government should send letter to all builders about effectiveness date of bill so that they can rectify the cost return process. Which they have charge in the name of supper area. And clear penalty clause in case of failure to follow no court case direct cancelling of licenses to work as a builder/ or All the property of builder should be in government control

Is cost of supper area going to correct in carpet area cost? This should not be. There should be fixed ration of circle rate and market rate.

Club membership money, Car parking

Club membership money, Car parking should be part of Property no separate charges should be taken by customer.

Real Estate Bill Implementation

Important point policies making and clarifying the points are really good step but Implementation is missing to speed up the implementation Government need to send letter to all builders and banks for corrective action. Also need to demand and submit online data of buyer with PAN card number so that people are easily traceable and real state bill communication from government body is possible.


  1. What measures are they taking to ensure that possession will be offered soon as pictures of the site suggest it is minimum 12 months away?
  2. What measures are they taking to address the concern of poor quality construction
  3. What is the status of the civic amenities inside & outside the residential complex? (Electricity, Sewage & drainage system in particular)
  4. They should also agree to return the amount of interest collected form all the flat owners, since they have been in the habit of raising the demand much before it becomes due as per the agreement? (For example: Instead of raising the demand on casting of a particular slab they have raised it on commencement of the slab, similarly instead of raising the demand on Completion of plumbing, flooring & tiles work they have raised the demand on commencement of the plumbing, flooring & tiles work etc.
  5. Why has they not communicated to the flat owners till date on the delayed possession or reason thereof? (Very conveniently they have diverted the funds to Phase II, making all of us bleed which is the actual reason of delayed possession.
  6. Lesser Carpet Area as compare to broucher.
  7. Not providing all animates as promise in broucher and during flat booking.
  8. No fixed date for possession.
  9. Builder should also furnish the proofs of deposition of Service Tax to the authorities, which he has collected from all of us along with each installment.
  10. Not ready to pay the penalty as promised as per builder buyer agreement and cheating in sale deal no clause mention. Only one sided penalty clause for delay.
To Bring Transparency in real estate Builder have to put below mention detail in public domain or in government site viewable to general public / investor






Suggestion to Improve Transparency level in Real Estate Sector        

      

Real Estate (Regulation and Development) Bill, 2013 few point need to be consider


1. What is going to happen with people who has booked flats/ home but still they did not get Possession

2. Govt. should send letter to all builders about effectiveness date of bill so that they can rectify the cost return process. Which they have charge in the name of supper area. And clear penalty clause in case of failure to follow no court case direct cancelling of licenses to work as a builder/ or All the property of builder should be in government control

3. Is cost of supper area going to correct in carpet area cost? This should not be. There should be fixed ration of circle rate and market rate.

4. Club membership money, Car parking should be part of Property no separate charges should be taken by customer.

5. Important point policies making and clarifying the points are really good step but Implementation is missing to speed up the implementation Government need to send letter to all builders and banks for corrective action. Also need to demand and submit online data of buyer with PAN card number so that people are easily traceable and real state bill communication from government body is possible. 

Benefit:

  1. No Cheating in Real estate. 
  2. End user satisfaction 
  3. No black money involvement 
  4. NRI Can’t be influence our economy more stability in Rupee as compare to other currency like Euro & Dollar $ 
  5. Government can get property tax on actual property value.

Government Initiative /feedback

1. New bill proposes licences for real estate brokers

New bill proposes licences for real estate brokers The UP urban housing department is drafting the bill to regulate property brokers. "Once the draft bill is ready, it will be approved first by the cabinet and then passed by the legislative assembly to make it a law," said an official. The draft states, "The district magistrate or any other top official in each district will be appointed as the nodal officer, who will issue licences and address grievance of buyers against erring agents, Realty experts said this decision will bring in more accountability, reliability and transparency for homebuyers.

2. The Confederation of Real Estate Developers Associations of India has called for adoption of a single window and online approval system to cut short time for clearances and save on costs due to delays.

 http://www.thehindubusinessline.com/.../article5459045.ece

3.  Refund additional Floor Area ratio charges to institutions: Delhi High Court to DDA

Delhi HC asked DDA to refund the amount taken from certain private educational institutions as additional Floor Area ratio charges on the land given to them on lease-hold basis.

4. Effect due to lack of poor policy in Real Estate Sector


Noida: 30000 flats face uncertainty as SC upholds National Green Tribunal order


New Delhi: In worrying news for home owners, 30,000 flats owners in Noida face uncertainty after a Supreme Court ruling on Tuesday. The apex court upheld the stay on construction imposed by the National Green Tribunal in the eco-sensitive zone surrounding the Okhla Bird Sanctuary. Construction around the eco-sensitive Okhla Bird Sanctuary has been halted.


5. Hon’ble Supreme Court decision on home buyer favor

In what could tame builders who fail to deliver houses on time, the National Consumer Disputes Redressal Forum has asked realty major Parsvnath Developers to return the entire principal amount paid by two flat buyers with 18% interest and another Rs 7 lakh compensation to each for causing mental agony and harassment because of delay in handing over possession.



Hon’ble Supreme Court has confirmed the order of the National Forum against Parsvnath Developer to refund the principal amount deposited by two buyers with 18% interest per annum for delaying the possession of the flats. The interest to Subhash Chander Mahajan and Abhishek Kumar Dwivedi will be from the date of deposit with the builder till its realization. Two judge bench comprising Justice V. Gopala Gaur and Justice Adarsh Kumar Goyal has also confirmed the order of National Forum awarding Rs. 7 lakh to each buyer for harassment, mental agony, anguish, frustration, anger and sadness, after the expiry of 90 days’, it will carry interest @ 24% p.a. till its realization. SC has also confirmed payment of Rs. 2 lakh to each buyer as the cost of the case.

http://epaper.jagran.com/epaperimages/15092014/delhi/14del-pg12-0.pdf


6. Real Estate Bill to be presented in Winter Session of Parliament

PTI    New Delhi   Last Updated: September 17, 2014

7. PMO asks Haryana to probe complaints against Raheja Developers

The Prime Minister’s Office (PMO) has issued a letter to the Haryana chief secretary to look into complaints against a Raheja Developer's housing project in Gurgaon. A group of flatowners had moved the PMO alleging irregularities in the Atharva project on the Delhi-Gurgaon border

Flat Owners demanding compensation at an interest rate of 18 percent per annum, the rate at which Raheja charges from buyers for any delay in payment.

“We( Flat Owners) will file a case in the second week of January in the national consumer commission asking for the developer to pay compensation at the rate of 18 per cent per annum,”


http://forbesindia.com/article/special/pmo-asks-haryana-to-probe-complaints-against-raheja-developers/39249/1

8. High Court orders builder to pay penalty for violating building norms


The houses in the list are built in over 10 percent structural violations. Earlier, as per the DTCP norms, 10% violations in houses were compoundable which meant that the owner can get occupation certificates by paying some penalty.

The court has asked the DTCP to remove only minor portions so that the building structure is not affected. It has clearly stated that the builder will have to pay penalty for houses where the violations are beyond 10%.

Many of the flat owners have welcomed the court order. An owner said that the court has rightly made builders accountable for the violations. Now the builder only has to pay penalty and applicable compounding charges and not the house owners.

9. Delivery of new flats: Delays can attract high penalty for developers

The Maharashtra State Consumer Disputes Redressal Commission,
Oct 19 2013

Project not started and undelivered flat on time
A judgement on September 13, gave a landmark decision in favour of the buyer

The commission ordered the developer to pay the current market value of a flat with the same specification in the same locality, which would be around Rs 60 lakh, in case the unit was not delivered within three months. In addition, the commission also directed the developer to pay Ieetkar Rs 3 lakh as compensation for mental harassment and Rs 30,000 for legal charges.

10. Builder to pay penalty of Rs. 12.36 lakh for not registering society

Aug 22nd, 2014


A builder is been penalised to pay Rs. 12.36 lakh to a cooperative society in Borivali for not registering the society and failing to get an occupancy certificate as per his statutory obligations.

The Maharashtra state consumer commission, ordered Mahalaxmi Construction to compensate Samruddhi cooperative housing society for Rs. 5.6 lakh, along with 9% interest charged since 1998, when the society had filed the complaint.

11. The Supreme Court directs DLF to pay Rs 630 cr fine imposed by CCI

http://www.firstpost.com/business/dlf-beguiled-and-entrapped-home-buyers-says-cci-order-65347.html ,Aug 28, 2014

The case pertains to 2011 when the residential welfare society of DLF's Belaire project in Gurgaon
The Commission considers it appropriate to impose penalty at the rate of 7 percent of the average of the turnover for the last three preceding financial years on DLF," the report said, adding that this amount comes to Rs 630 crore.

12. Supreme Court orders real estate company to refund flat aspirants


Dated: New Delhi: July 31, 2014, DHNS:

The Supreme Court on Wednesday directed real estate company Supertech to refund the money of flat aspirants who had invested in its 40-storey residential twin towers built in Noida, as the Allahabad High Court had ordered demolition of the towers in April last. 

13. “Eco-sensitive area” of the Okhla Bird Sanctuary & the National Board for Wildlife (NBW)



In October 2013, the NGT had passed orders that no construction activity to be permitted within 10-km radius of the Okhla Bird Sanctuary and for projects already completed, the construction shall be subject to final order passed by the Tribunal and the authority shall not give any completion certificate to such constructed buildings.

For buildings half-way through, the construction was allowed to go on subject to final order to be passed by the Tribunal. In its orders in April this year, in a PIL in the 2004 Goa Foundation versus Union of India case, the Tribunal said any decision taken by the government is subject to final decision by the Supreme Court.

“In September 2013, the U.P. Government said the eco-sensitive zone will be been fixed as 1 km but even this was affecting a number of real estate projects. Then, this January they gave 100 metres radius as the criteria but this is yet to be accepted by NBW,” said Gaurav Bansal, petitioner in NGT.

14. Noida- New Okhala Industrial development Authority


Basic Documentation requirement for occupancy certificate
1. Fire NOC Copy- issue by Chief Fire control Officer, Fire Department Clearance Status /Fire department clearance Letter
2. Pollution Control Clearance Status /Pollution Clearance Vide Memo No.
3. Environmental Clearance By respective authority- Environment Clearance status Environment Clearance Copy
4. Approved Map by National Institute
5. Electrical Supply related Certificate
6. Water & sewage related certificate & receipt
7. Rain water harvesting related declaration & commitment.
8. Central earth water related certificate

15 . National Consumer Disputes Redressal Commission
http://ncdrc.nic.in/

16. Confonet Judgment Search on real estate Builders project
 http://cms.nic.in/ncdrcusersWeb/search.do?method=loadSearchPub
 


Transparency in  Real estate / Builder/ Properties.

December 2, 2013 at 12:12pm

Is Indian government able to bring transparency  in real estate sector? 
Is effort by government is enough?
Is government committed to bring transparency?

How are the international rating agency (Standard & Poor's (S&P), Moody's, and Fitch Groupreacting on India transparency effort on system?
  

Government Initiative /Effort:

Cabinet clears 20 major amendments to Real Estate Bill

10 Dec, 2015


These changes are based on the recommendations of a Rajya Sabha committee that examined the Bill pending in the upper house of Parliament. 


Real estate bill: All changes by Rajya Sabha panel accepted 


A major amendment is the proposed parity in the interest payable by allottee and developer in case of any default by either party

The committee said in its report: "The interest rate payable by the promoters as well as by allottees shall be same in eventuality of any default by either of them."


ET- 16 November 2015

Penalty clause on builder if more than 3 year is over after booking the flat -All Builder Play game to get ownership transfer premium – Real Estate Bill

PIB 10 March 2016
http://pib.nic.in/newsite/erelease.aspx
Real Estate Bill passed near unanimously by Rajya Sabha; MPs say Bill spurs the sector
Government lauded for accommodating suggestions of various parties in the Bill
Chairman of Select Committee of the House complimented for widest consultations
Implications of retrospective application of the Bill and discrimination will be addressed in the Rules, says Shri Venkaiah Naidu
Bills can be referred to appropriate committees if the intention is not to delay them and Parliament functions normally- Shri Naidu
                Real Estate (Regulation &Development ) Bill, 2016 was today passed near unanimously by the Rajya Sabha with almost all the parties welcoming the Government’s decision requiring developers to deposit 70% of the collections from the buyers in a separate account to meet construction costs including that of land. Many members also welcomed the balance stuck in the Bill to enable orderly growth of the sector in an atmosphere of trust and enhanced credibility. They felt that the Bill is not anti-business and in fact, in the long run prove to be a much desired catalyst for the real estate sector benefitting both the consumers and project developers.
                Many members praised Shri Anil Madhav Dave, Chairman of the Select Committee of the House that examined the Bill for enabling  widest possible consultations in a very democratic manner resulting in useful suggestions which were accepted by the Government.
                Responding to various issues raised by the members during the three hour long discussion on the Bill, Minister of Housing & Urban Poverty Alleviation Shri M.Venkaiah Naidu said that the implication of bringing the real estate projects under construction under the ambit of the Bill will be examined and required clarity will be given in the Rules to be framed after enactment of the Bill. Shri Rahman Khan (Congress) observed that the Bill provides for purchase of houses based on carpet area and its implication to projects under construction wherein houses have been allotted on super area basis needs to be clarified.
                Responding to the issue of competence of Parliament to legislate on real estimate matters involving land raised by Shri Naresh Agarwal of SP and Shri Rabi Bernard of AIADMK, Shri Naidu stated that this was examined thoroughly by the Ministry of Law & Justice and the Attorney General and Central Law in the matter was found to be valid.
                On ensuring that there is no discrimination in sale of houses to certain sections of the society raised by Ms.Selja and Shri Rajiv Gowda of Congress, the Minister said that the Constitution offered protection against any such discrimination and if required, this issue will be suitably addressed in the Rules to be framed.
                On the demand for applying the provisions of the Bill to all real estate projects irrespective of plot size and number of apartments, Shri Naidu replied that the Bill provides freedom to the States to relax the norm of plot size of 500 sq.mtrs or 8 apartments based on local situations.
                Shri Naidu who is also the Minister of Parliamentary Affairs assured the House that Bills could be referred to appropriate Committees for examination if demands in this regard were not meant for delaying their consideration and passage and if the Parliament was allowed to function without disruptions which only delay legislation. He said so while responding to the suggestion of Shri Jairam Ramesh who referred to the good work done by the Department Related Standing Committee and the Select Committee of Rajya Sabha by substantially improving upon the Real Estate Bill of 2013.
                18 members spoke on the Bill. Reactions of some members of different parties on the Real Estate Bill, 2016 were as below:
Ms.Selja (Congress) :Our party was strongly committed to protect the interests of consumers. I am happy that the Government decided in favour of 70% of collections to be deposited in a separate bank account. I don’t mind the Government taking credit for the same.
Shri Anil Dave (BJP): The Select Committee could gauge the pain and suffering of consumers at the hands of some unscrupulous promoters. The Bill will prove to be a boon both for consumers and developers.
Shri Naresh Agarwal (SP) : I am not against the Bill but only concerned about the Central Law entering the domain of the States. Imprisonment of developers for any violation straight away is being too harsh.
K.C.Tyagi (JDU) : Chennai floods were a result of unregulated construction. Bengaluru also facing several problems.  Welcome the Bills that seeks to check irregularities.
Shri NadimulHaq (Trinamul Congress) : Support the Bill though the remedial measures proposed for the real estate sector do not seem to be broad enough.
Shri Rabi Bernard (AIADMK) : Only MP to oppose the Bill on account of legislative competency of Parliament.
Shri Munkad Ali (BSP): Developers exploit the consumers by raising costs from time to time and this needs to be checked.
Shri RitabrataBannerji (CPM); Support the Bill. It should apply to all projects and should ensure that there is no discrimination.
Shri A.U.SinghDeo (BJD) : The Bill is long over due. Single window mechanism necessary to ensure speedy approvals for construction projects.
Shri Praful Patel (NCP): Intention of the Bill is noble and honourable and marks a good beginning. Results will follow in due course. Land needs to be opened up to decongest core central areas of cities.
Shri Rajiv Chandrasekhar :Bill is the most pro-consumer initiative of the Government. Both the UPA and NDA governments stood firmly on the Bill which is certainly not anti-business. It promotes competition and efficiency.
Shri Anil Desai (Shiv Sena) : Bill strikes a balance protecting the interests of consumers and genuine consumers.
                Shri Venkaiah Naidu thanked the members and parties for their enthusiastic support to the Bill.
AAR
March 10,2016
 (Release ID :137710)



Protest by flat owners at antriksh Kanball  Sector 77 Noida






















The Governor,
State of Uttar Pradesh,
Raj Bhawan, Lucknow - 226001

Sub: Petition for not signing / approving the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Amendment Bill, 2016.

Respected His Excellency,

This petition is with reference to the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Amendment Bill, 2016 pursuant to which the UP Legislature has approved certain amendments to the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 (“Apartment Act”), which inter-alia include amendments to Section 4(4) and deletion of Section 4(5) of the Apartment Act. Pertinently, these provisions were enacted to prohibit illegal/unauthorized constructions in group housing projects and to ensure timely completion of these projects. 

The petitioners submit that these amendments are contrary to the main object of the Apartment Act and the Real Estate (Regulation and Development) Act, 2016 which were enacted to protect the interests of the home buyers and bring about the much needed transparency in the real estate sector. The undersigned, being an association of over 10,000 apartment buyers from Greater Noida (West) region solemnly request you to not give your assent and sign the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Amendment Bill, 2016 (“Amendment Bill”) for reasons set out below:

1.             Promote illegal constructions

(a)           Section 4(4) of the Apartment Act mandates the builder to obtain prior consent of the development authority and the buyers/apartment owners before making any change to the original layout plans and specifications of the housing project. However, the Amendment Bill has done away with the requirement of consent from the intending purchaser/apartment owner. This dilution will give a free hand to the builders in the state to indulge in illegal and unauthorized constructions, which is likely to jeopardize the lives and property of the apartment owners.

(b)          Home buyers who exhaust all their lifetime savings in purchasing an apartment will have no say in any kind of amendment that the builder makes in original plans of the project on the basis of which they agreed to purchase the apartment.

(c)           Builders indulge in construction of such additional towers/apartments on the sole pretext of earning more profits. These additional constructions strains the common amenities in the project, adversely affect the environment, the standard of living of the apartment owners in the society and also raises serious questions about safety of lives and property of the residents of the society.



2.             Delay in completion of the projects

(a)           It is a well-known fact that delays in completion of housing projects have been plaguing the real estate sector. Accordingly, Section 4(5) of the Apartment Act which mandated the builder to complete the construction within 2 years from the date of the sale agreement was a boon for home buyers and served as a deterrent for errant builders. 

(b)          The Amendment Bill which deletes this provision will lead to more delay in completion of housing projects since there will be no statutory requirement to finish the project on time. The project can drag on for years and the buyer will be left remediless.

(c)           Such delays will have disastrous consequences on the financial condition of the home buyers who have to pay hefty interest on the EMIs for home loans and rental expenses.

3.             Amendments are against the objective of the Apartment Act 

(a)           The aforesaid amendments will defeat the very objective of the Apartment Act since it takes away two of the most cherished rights of home buyers/apartment owners.

(b)          The Amendment Bill which takes away such important rights from home buyers/apartment owners have been passed by the Legislature in a rush and without seeking any comments from stakeholders. The amendments are illegal, heavily tilted in favour of the builders, arbitrary and have been passed without keeping in mind the growing number of cases of illegal constructions and delay in completion of projects in the state.    

4.             Miscellaneous  

(a)           At present, the home buyers in the State have the option to approach the Hon’ble High Court in the event of violation of these statutory obligations i.e. illegal constructions and delay in completion of housing projects. In fact, in several cases the Hon’ble High Court has issued a stay on such illegal constructions. The proposed changes will render the home buyers remediless against such illegal activities of the builders and the inaction of the competent authorities, thereby leaving them remediless.

(b)          The Amendment Bill takes away all the rights of the buyers at construction stage of the project thereby, permitting the builder to change the layout plan of the project as many times as he wants and delay the project to his own advantage. The builder will no longer be answerable to the buyers for any delay in the project or for indulging in additional constructions.  

(c)           The Amendment Bill has been floated with an intention to protect many builders, whose projects have been stayed by the Hon’ble High Court on the basis of petitions filed by the buyers against illegal constructions.

In the light of the aforesaid submissions, we request you to not give your assent to the Uttar Pradesh (Promotion of Construction, Ownership and Maintenance) Amendment Bill, 2016, which is an assault on the most cherished rights of home buyers in the State.


Important transparency clue in India for Investor and home buyers.

Before investing in any real estate project ask for CIN Company Identification Number of company and check public document from ministry of corporate affairs in India

Document like

  • Corporate Identification Number CIN Number
  • Registration Number
  • Financial Data
  • 3 Years Balance sheet - Annual Returns and balance sheet
  • Cash Flow Statement
  • Profit and loss account
  • Ration Analysis
  • ShareHolders
  • Credit Rating
  • Directors Details
  • Certificates
  • Certificate of Registration of Mortgage

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