Tag: maharera

Pune

The Maharashtra Real Estate Regulatory Authority (MahaRERA), which completed two years on May 1, will shift its focus on housing projects that are under stress and incomplete for various reasons.

The regulator has identified 60-70 such “stressed” projects in the state — mainly in Pune, Mumbai and Thane — and has chalked out a plan to reach out to the members of such projects; to guide them in forming an association and help them complete the project.

In March this year, MahaRERA had issued a standard operating procedure (SOP), allowing homebuyers to remove a developer in case the project was delayed, and hand it over to an expert panel for completion — with the regulator monitoring the proceedings. This step could be initiated only if at least 51% of the homebuyers affected by the delayed project gave their consent.

Over the last two years, more than 20,000 projects have been registered with MahaRERA in the state — the highest in the country. However, the number of completed projects stands at a little over 4,500.

Among these registered projects, there are many yet to be completed despite the issuance of orders and even recovery warrants, allowing the revenue authorities to auction the property and return the money to homebuyers.

“The (March) order was issued to benefit those affected by such stressed projects, where the developer has not been able to complete the project due to a paucity of funds or any other reason, and homebuyers are stuck with the project for long periods of time. We have assessed 60-70 projects in three cities and now plan to reach out to the complainants as well as the remaining members,” MahaRERA secretary Vasant Prabhu said. The regulator is planning a workshop for affected buyers.

MahaRERA had issued the order under Section 37 of the Real Estate (Regulation and Development) Act (RERA). Under Sections 7 and 8 of RERA, a regulator can revoke the registration of a project as well as remove the developer, provided 51% of the project allottees agree on such an action. A separate panel under MahaRERA, with the help of experts, would carry out the remaining development work and take the project forward to completion.

However, there’s a caveat: this process will be possible only for non-litigated projects.

Once the revocation orders are issued, the developer will lose all right to the project. The authority will set up a panel to prepare a project report within four months to decide the future course.

Source – www.realty.economictimes.indiatimes.com/news/regulatory/maharera-to-focus-on-70-stress-projects-in-maharashtra/69184915

Pune

The Maharashtra Real Estate Regulatory Authority (MahaRERA) on Thursday issued a standard operating procedure (SOP) to allow homebuyers to remove a developer in case the project was delayed. The project would then be handed over to an expert panel for completion.

The authority, however, clarified that it could initiate such action only against non-litigated projects.

“It will help complete all delayed projects in the state. This is an unique move, probably the first in the country, under the Real Estate Regulatory Act, 2016, which will help the association of allottees (homebuyers) take control of the situation,’’ Vasant Prabhu, MahaRERA secretary, told TOI.

In case of revocation orders, the developer will lose rights to the project and his bank accounts will stay frozen, the order said, adding that the authority would then set up a panel of experts to prepare a project report within four months to decide on future course of action.

The panel would prepare a blueprint for project completion. The blueprint would consist financial details and a detailed roadmap towards arranging the said finances.

The SOP has been issued under section 37 of the RERA Act, 2016, with reference to sections 7 and 8. MahaRERA officials said the authority will only consider complaints received from an association of allottees and not from single homebuyers for such action. “The complainants should not be less than 51% of the total allottees,” they said.

MahaRERA will serve a notice to the promoter with 30-day deadline to present his/her case.

Source – www.realty.economictimes.indiatimes.com/news/regulatory/maharera-releases-sop-to-remove-delaying-developers/68623712

Maharashtra

The Maharashtra Real Estate Regulatory Authority has decided to give developers a second chance to complete delayed projects after the usual extension of a year, provided over 50% customers of the property concerned agree to it.

Vasant Prabhu, the Maharashtra Real Estate Regulatory Authority (MahaRERA) secretary, said an order was issued last week to give genuine developers a second chance to complete a stalled project if the consumers were willing to wait. He said, “The extension is subject to consent of more than half the flat buyers and a time-frame would be set.”

Prabhu said, “We were getting complaints of delay in project execution. With this order, consumers can take a call on if they want to continue with the project. If more than 50% consumers agree, we can give an extension to the developer.”

Nearly 90% of the complaints registered with the MahaRERA are regarding delay in execution of projects. State president of Credai Shantilal Kataria said the order would not only benefit the consumers, but also the developers.

“It is neither easy for a consumer nor a developer to cancel a project. Given more time, genuine developers will complete projects within the time-frame decided by both the parties,” said Kataria.

The real estate sector faced a rough patch in the past two-three years. It is slowly on the recovery path. Property consultants closely monitoring the market stated that the real estate sector was set to grow this year.

“The issue of stalled projects and liquidity crisis continued to confound the housing sector last year though it continued its transition into a relatively more transparent and end-user driven market,” said Anuj Puri, chairman of Anarock Property Consultants. He added that builders were extremely cautious about launching new projects to align supply with the existing buyer demand.

Mumbai Grahak Panchayat (MGP) – the consumer forum taking up the issues of MahaRERA from the inception-welcomed the move of giving a say to the consumers but stressed that the authority should have specified that the “association of allottees” should be appointed after 50% booking of flats in a project was done.

Sources – www.realty.economictimes.indiatimes.com/news/regulatory/maharera-allows-builders-a-second-chance-if-homebuyers-agree/67985471

MahaRERA Updates

• Project Registration Status
  • Projects Registered but not completed: 15796
  • Projects Registered and completed: 3587
  • Projects yet to be Registered: 109
• Realtor Registration Status
  • Registered Realtors: 17980
  • Realtors yet to be Registered: 186
• Complaint Disposal Status
  • Complaint Received and disposed: 3422
  • Complaint in process of hearing: 2108

MahaRERA website: www.maharera.mahaonline.gov.in

MahaRERA Updates

In, Avinash Saraf versus Runwal Homes Private Limited case, the landmark judgement given by MAHARERA, Mumbai, having complaint number 32, Dated 13th October 2017. Final judgement is given by Honorable Shri B. D. KAPADNIS. The complainants contended that they have paid 97% of total consideration of the flat. The date of possession of the flat was August, 2016, as per agreement of sale executed in November 2014, but the respondent failed to give the Possession in time.

And hence the complainant demanded the amount of consideration with interest @ 21% p.a. from the respondent with compensation for amount expended towards stamp duty and registration charges.

The respondent contended that MAHARERA has come into effect from 1st May 2017. Therefore MAHARERA has no jurisdiction entertain this complaint. The date of possession was delayed due to delay in getting permission for constructing parking from MCGM (Municipal Corporation of Greater Mumbai), for the reasons beyond control of the respondent.

Now point for consideration before The Honorable judge was whether the complainant is entitled to get back the amount paid to respondent with interest and compensation? He answered affirmatively with the following reasons.

The cause of action for claiming possession after the lapse of agreed date of possession becomes recurring course of action. Therefore MAHARERA has the jurisdiction under section 79 of the Act. The reasons given by respondent for delay in possession is also not acceptable, since the agreement was executed in November 2014 it means the respondent was aware of the time for giving possession.

Finally honorable judge has delivered the following judgment.

To refund entire amount paid to the respondent till date with interest and compensation for amount paid towards stamp duty and registration charges. Rate of interest upto the date of 30th April 2017 was decided @ 9% per annum. And from 1st May 2017 the rate of interest was decided to be the interest at SBI’s highest marginal cost of lending rate + 2% p.a. till the date of final payment to the complainant.

The complainant got finally Rs. 1,74,17,986/- + Rs.8,86,800/- towards stamp duty registration charges + Rs. 11,00,000/- towards interest till 30th April 2017 + interest at SBI marginal cost of lending rate plus 2% p.a. till the date of final payment to the complainant.

Soure: https://taxguru.in/corporate-law/customs-king-maharera-mumbais-landmark-judgement-refund-amount-interest-delayed-possession.html?amp

MahaRERA Updates

• PUNE: Promoters will have to submit “quality assurance certificate” issued by their engineers on the MahaRERA website from December 1.
• The move follows complaints of poor-quality work or material used in various projects. “The engineer or the site supervisor would have to issue a certificate, like an affidavit, where they would have to state that the work is being carried out in accordance with the development permission and as per the approved plan. Material testing and workmanship will be part of the certification,” MahaRERA secretary Vasant Prabhu stated in a circular issued early this week.
• MahaRERA officials said the promoters who are yet to register their projects should submit the certificate with other details at the time of registration. “The promoters who have already registered should upload the certificate at the earliest on the authority’s portal,” they added.
• As a part of the certification process, the engineer will keep a check on the basic material used, including cement, bricks, concrete and steel, besides the workmanship quality as well, the officials said.

Soure: https://realty.economictimes.indiatimes.com/news/regulatory/maharera-directs-promoters-to-upload-quality-certificate-from-dec-1/66858202