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MahaRERA says MoU proof enough for ownership
Mumbai
Though two homebuyers had only a Memorandum of Understanding (MoU) as evidence that they invested in a flat. The Maharashtra Real Estate Regulatory Authority (MahaRERA) has ruled that it is proof enough of ownership and directed the developer to refund Rs 82.95 lakh with 10.75 per cent interest from 2012.
According to the complaint, Krishna and Veena Agarwal had booked flat in a project in 2012 and paid Rs 82.95 lakh out of the flat cost of Rs 89.41 lakh.
The complaint said the developer had assured possession in 2016, but in 2017, unilaterally changed the possession date to July 31, 2022.
The complaint also said that on the MahaRERA portal, the developer has mentioned that 40 floors are proposed, 28 are completed, but the Commencement Certificate is only till 27th floor; therefore, the Agarwals want to withdraw from the project and seek refund of their investment with interest.
During the hearings, the developer claimed that the Agarwals were not homebuyers but investors and that the MoU was not registered.
MahaRERA member Madhav Kulkarni observed that the Appellate Tribunal had held that even in the absence of a registered agreement, such complaints are maintainable.
Stating that the developer should not have accepted such a huge amount when the project was not progressing as per schedule, Kulkarni held that the builder had failed to deliver possession of the flat as per agreement and directed the company to refund the paid amount from the date of payment till final realisation.
Gap at counter joints can affect associated area
Detect Issues
Gap between sink counter & counter beading stone.
Describe Issues
This joint gap can create a path for moisture as it is near to sink, which can affect the associated/ attached area due to seepage of water. Thereby will create difficulty in future for residents by adding extra cost and time factor due to repair.
Direct Solutions
We recommend sealing joint with stone filler of matching colour pigment as per manufacturer’s specifications.
Healing Damp/Seepage Curse at an Office Building | Commercial Building
Damp / Seepage / Leakage problem is really a Curse for any Building. It not only deteriorates the building structurally but also had severe effects on the health of its occupants.
MahaRERA takes suo motu action against two real estate agencies
Pune
The Maharashtra Real Estate Regulatory Authority(MahaRERA) has for the first time taken suo motu action against two real estate agencies based out of Pune and Kalyan for facilitating sale of unregistered projects.
MahaRERA chairperson Gautam Chatterjee slapped Rs 80,000 and Rs 40,000 as fine on the Pune and Kalyan projects, respectively, last week. MahaRERA officials said the suo motu action was taken by Chatterjee because in both the instances, “unregistered” projects were being sold. TheReal Estate (Regulation and Development) Act makes registration of projects a must before sale.
“For the real estate agents, it is mandatory to sell the registered projects. The authorities initiated the action because the projects sold in Pune and Kalyan were unregistered,” a senior RERA official told TOI.
In the case in Pune, an agency facilitated the sale of apartments in a project spread over a 100-acre township in the Haveli area through advertisements on various social media websites without mentioning any MahaRERA registration details. In the second case, an another agency facilitated the sale of apartments in an unregistered project in Kalyan by circulating SMSs dated August 9, 2019.
In both the cases, MahaRERA noted that the material placed before it prima facie revealed that the agencies had facilitated the sale of apartments in projects not registered (with MahaRERA). This was in violation of Section 10(a) of the The Real Estate (Regulation and Development) Act. The officials said MahaRERA decided to take suo motu cognizance in exercise of the powers conferred upon it under Section 35 of the Act. Subsequently, a notice to the agents was issued and they were told to appear before the authority and explain their stand on the issue.
“In both the cases, the respondents, or the registered agents, have tendered apology and vowed not to solicit, misguide or engage in such facilitation of advertisements or sale. They submitted an affidavit that such violations of the Act would not happen in future and that they would strictly comply with the provisions of the statutes and the rules, regulations, orders and circulars issued under it,” an official said.
MahaRera chairperson in his hearing accepted that the violations of the provisions of the Act were inadvertent and the agents did not have any intention to show non-compliance towards the Act or its rules.
He has taken an undertaking from both agents that such a violation of the Act would not happen in future.
Make your home safe for kids
Detect Issues
Excess gap noted between wall and railing.
Describe Issues
Gap noted between wall and railing is around 8.5 inches which will be safety hazard for residents especially kids. Usually Space between railing should not exceed more than 4 inches. If left unnoticed, it can be unsafe for occupants as there are chances of accidents in this area.
Direct Solutions
We recommend fitting another piece of vertical bar to cover the gap to be safe limit.
Leakage/ Seepage Source Detection at a Banquet | IR Technology
Detecting Damp / Leakage / Seepage Source at a Banquet cum Convention Hall, Using IR Technology.
UP-RERA to launch single window system soon
Lucknow
Soon, citizens, builders and developers would be able to avail several facilities offered by Uttar Pradesh Real Estate Regulatory Authority (UPRERA) through a single window system.
Citizens and developers would be able to get maps approved, lodge complaints and, secure progress reports and no-objection certificates for projects.
UPRERA chairperson Rajiv Kumar said “All information about the facility will be made available online. Citizens will also be able to file complaints in case they are duped by a developers or the builder is delaying possession of a unit and also seek information about promoters,” he added.
Every wet area needs Separate water control valve
Detect Issues
Single water control valve is provided for the water supply at kitchen and bathroom.
Describe Issues
This seems to be not a problem usually, but during maintenance or repair work of any particular area the water supply of both the areas will be stopped. If left unnoticed then, it will create hassles for residents in future.
Direct Solutions
We recommend providing separate water supply valve for both areas.
