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RERA – Fastest way of determining Rights of Home Buyers

RERA Authorities have proved itself as a Fastest Forum of delivering judgements in favour of Home Buyers in various states. The time bound approach being adopted by various RERA Authorities, is increasing the confidence of home buyers and sentiments of Real Estate Industry.

Delayed penalty of 10.45% (i.e. SBI lending rate + 2% ) is higher than interest rate of 8-9% being awarded by NCDRC within 4-5 months of time is really a big relief for home buyers.

Now Home Buyers can enjoy following rights against the Builders:-

1. Right to Information related to sanctioned plans, layout plans etc.

2. Right to know stage-wise time schedule of completion of the project, including the provisions for water, sanitation, electricity and other amenities and services etc.

3. Right to get Possession of flat and common Area:- The allottee shall be entitled to claim the possession of apartment and the association of allottees shall be entitled to claim the possession of the common areas.

4. Right to Get Refund:- The allottee shall be entitled to claim the refund of amount paid along with interest at such rate as may be prescribed and compensation.

5. Right to get Documents, Plans, common area after handing over the physical possession of the apartment.

6. Right to participate towards the formation of an association or society or cooperative society of the allottees, or a federation.

7. Right to get physical possession within two months of the occupancy certificate issued for the apartment.

8. Right to get registration of conveyance Deed of the apartment, plot or building.

Home Buyers have got a victorious judgement from Haryana RERA

Home Buyers were waiting for written Order from Haryana RERA on their complaints filed in last 4-5 months. Last week, first set of judgement were delivered by Haryana RERA last week in favour of Home Buyers.

The outcome of initial judgement of Haryana RERA is as under:-

1. Complaint No. 176 of 2018 – Abhishek Mehta & Priya Mehta vs. Sare Gurugram Pvt. Ltd.:- Date of Order 14.09.2018.

RERA Authority has directed to the respondent to pay interest at the prescribed rate i.e. 10.45% on the amount paid by the complainants i.e. Rs. 56,90,000/- from the date of possession as per the flat buyer’s agreement i.e. 10th January, 2016 till actual date of handing over possession after adjusting any due against the allottee to be paid within 90 days of this order. The Respondent is further directed to give interest on amount for the month on 10th of the subsequent month.”

RERA Authority has further directed the respondent to apply for registration for phase – III within one month from the date of hearing i.e. 25.07.2018 as partial occupation certificate with the respondent for phase – III was not given and application was not complete in all respect on the date of application and certificate was not granted. Hence, entire phase is not complete and part of the phase – III is still registrable

2. Complaint No. 18 of 2018 – Ramavtar Maheshwari vs. Apex Buildwell Pvt. Ltd:- Date of Order 12.09.2018.

RERA Authority has directed to the respondent to pay interest at the prescribed rate of interest for every month of delay i.e. from due date of possession till the handing over of possession as per Rule 15 of Haryana Real Estate (Regulation & Development) Rules, 2017 which provides that interest payable shall be the State Bank of India highest marginal cost of lending rate plus two percent I.e. 10.15% p.a.

The Authority has further decided to take suo-moto cognizance against the promoter for not getting the project registered and for that separate proceeding will be initiated against the respondent u/s 59 of the Act.”

3. Complaint No. 260 of 2018 – Mukesh Kumar vs. Unitech Ltd. – Date of Order 14.09.2018

RERA Authority has directed to the respondent to refund the money of Rs. 31,65,451/- along with interest at the prescribed rate i.e. 10.45% from the date the respondent has received the amount from the complainant, the complainants may approach the authority again for further action.

Further, keeping in view the Supreme Court’s orders. The respondent’s counsel may submit whether this order for refund of money is in consonance with the Supreme Court’s order of not. In case, it is not then the same be deferred till pending matter is decided by the Supreme Court against the promoter.

The Authority has further decided to take suo-moto cognizance against the promoter for not getting the project registered and for that separate proceeding will be initiated against the respondent u/s 59 of the Act.”

NHAI to take up Dwarka e-way’s Ggn section in Nov

NEW DELHI/GURGAON: Dwarka Expressway, a project caught in an unending loop of delays for the best part of the last decade, frustrating thousands of homebuyers who invested in Gurgaon’s new sectors, will be taken up by the National Highways Authority of India (NHAI) this November.

The NHAI is ready to commence work on the Haryana section of the expressway and will complete the formalities within four weeks with construction major L&T, which will build this 18km stretch. Work on the Delhi stretch of the expressway will, however, start later. The Delhi government is working on the proposal to allow cutting of trees on the 9.5km portion of the expressway in the capital.

Highways minister Nitin Gadkari had on Wednesday asked the contractors to mobilise men and machinery to start construction work at Dwarka Expressway without delay, a senior ministry official said. Construction of Dwarka Expressway has been divided into five ‘packages’, of which two have been awarded. While L&T has bagged the two in Gurgaon, Reliance Infra and J Kumar have one each in Delhi.

Sources said Gadkari is likely to seek time from Prime Minister Narendra Modi to launch the project from Gurgaon.

“There is no issue left to be addressed in the Haryana portion and work can start latest by mid-November. We have more than 90% land available for construction,” said an official who was present at a high-level meeting on Dwarka Expressway, which was attended by the Delhi chief secretary, Delhi Development Authority (DDA) vice-chairman, officials from the environment and road transport ministries, representatives of Delhi’s forest department and construction companies. “Work on the Delhi portion can start once we get permission for transplantation and cutting of about 13,000 trees,” the official added.

“The environment ministry has said it will issue a clarification about the requirement of compensatory forestation against transplantation,” said an official. The process to get permission may take between 30 and 75 days, officials said.

The Gurgaon administration has decided to fast-track transfer of the remaining land to NHAI. “On the Gurgaon side, land is available for them to start construction. The official transfer of land too will be done by Huda under Gurgaon Metropolitan Development Authority’s charge,” said GMDA chief V Umashankar.

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