What a consumer can do for delayed deliveries of Flats

What are your options?

… The point is, as an aggrieved buyer, you should not wait for either the builder to take the code seriously or fast-track the execution of his project just because he has to follow a code. In the following pages we tell you what your options are while taking on the builders to demand what is rightfully yours, and also how individuals and groups are doing it across the country.

To know your rights as a buyer you must understand the obligations of the seller. According to Section 55 of the Transfer of Property Act, 1882, the seller is bound to:

–> answer all the relevant questions put to him by the buyer about the property or its title.

–> provide to the buyer all the documents related to the property that are in his possession or power.

–> disclose any material defect in the property or in the title about which he is aware, but the buyer is not.

–> execute a proper conveyance of property when the buyer tenders it to him (after payment of due amount) for execution at a proper time and place.

–> to take care of the property and all relevant documents in his possession between the date of sale and delivery just as an owner would.

–> pay all public charges accrued in respect of the property up to the date of sale .

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Five-star judgment

Subject: Hotel liable for injury suffered by the guest due to defect designing of rooms.

Backdrop: Here is a unique landmark judgement, where a five star hotel has been held liable to compensate its guest for the injury suffered due to faulty designing of its room.

Case Study: For accommodating the invitees to his wedding in Goa, Siddhartha Bhimrajka had booked several rooms in Park Hyatt Goa Resort & Spa, a five-star hotel belonging to Blue Coast Hotels and Resorts.

Negligence means a breach of duty to exercise due care expected of a reasonable prudent person. It is common knowledge that the slightest wetness on a polished marble floor or on a slanting polished floor is extremely dangerous. The hotel ought to have foreseen that the faulty designing of the bathroom could lead to an accident, but had been negligent in this regard, thereby entitling Vijay to claim compensation.

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Property redevelopment: Dark clouds ahead

Eight months ago, there was hope that much of dilapidating Mumbai would get a facelift and be redeveloped. Today, the scenario is worrisome.
Thanks to the Adarsh building scam, no files for redevelopment are being cleared. The absurd (often collusive) application of discretion and permitting garage parking inside individual apartments even on higher floors, free of Floor Space Index (FSI) norms had to be cancelled once investigations into real estate scams were ordered by India’s courts.
As a result, tenants and owners who were moved out of their premises with a promise of being given back a better home after redevelopment, continue to be kept out, with no clear date for re-possession of their premises.
Many old buildings in urgent need for repairs remain precarious places of dwelling.

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Maharashtra tackles redevelopment head-on

A new law being mooted by the state government could well qualify it to become the official enforcement agency working for the city’s developers.

The proposed law, which is being introduced under the garb of conveying the government’s seriousness “to prevent deliberate derailment of redevelopment projects by opportunists”, will be used to coerce unwilling tenants and society members into signing up for redevelopment projects.

“Members who are in a minority will be dealt with firmly. The new act will have a provision that will allow deploying of a special police cell to bring reluctant parties to the table and investigate if there is any merit in their anti-redevelopment argument,” said minister of state for housing Sachin Ahir, adding that, “If there is no good reason then they will have to sign up and they will be evicted under Section 95-A to make way for the project.”

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Redevelopment breeding divisions among Mumbai residents

Mumbai is renowned as a melting pot of various groups, irrespective of class, caste and creed. But a new, disturbing form of disparity is now eating its way into citizens’ lives, especially in redeveloped buildings and townships. Several of these housing societies are imposing invisible divisions based on the size of the house owned and the length of the resident’s occupancy.

In the townships, owners of bigger flats are looking down upon those possessing smaller ones; in redeveloping buildings, older residents sneer at the flashy ways of their new neighbours. And the newer occupants always find it difficult to acclimatise to the conservative ways of the old lot. Miten Shah, resident of Bandra, previously stayed at Vashi, Navi Mumbai, where he found it difficult to adapt to the constant jibes passed by his neighbours.

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Self-redevelopment ‘trailblazer’ stuck

It was supposed to serve as a model for the rest of Mumbai. But the city’s first self-redevelopment project — the Ganesh Nagar ‘D’ co-operative housing society at Mahalaxmi — has been stuck for seven years now due to an alleged fraud in the transfer of development rights (TDR).

A total of 390 residents had taken it upon themselves to redevelop the housing society in 1998. With guidance from the slum rehabilitation society (SRS), they managed to raise a corpus fund of Rs27 lakh from among themselves to redevelop 3,800sqm of the plot by constructing three seven-storied buildings. They planned to raise another Rs5 crore through sale of the society’s TDR for 3,000sqm of the plot.

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Redevelopment of TNHB buildings caught in legal battle

Redevelopment plans for around 50 apartments, originally promoted by the Tamil Nadu Housing Board (TNHB) in areas like Besant Nagar, Adyar, Anna Nagar and Shanthi Colony, are stuck in legal battles. What’s worse, many apartment complexes have already been razed and the owners are staying in rented premises waiting to move into their new houses.
The dispute between the apartment owners and the TNHB is over a premium (10% cost of the extra floor space index – FSI is the ratio of land area to the builtup area) that the latter is demanding for issuing no-objection certificates (NOC) for the redevelopment.

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BMC pushes TDR in island city

A BMC proposal seeks to completely overhaul the transfer of development rights (TDR) policy to make it more equitable, in a move that is expected to have far-reaching repercussions on the city’s development plan.

In his plan which is to be submitted to the state government soon, BMC chief Subodh Kumar has proposed that TDR be allowed anywhere in the city , not be restricted to the suburbs . Its selective use in highend areas of the western suburbs has led to lopsided development, especially in the Bandra-Khar-Juhu belt.

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Dilapidated Buildings for redevelopment ?

Residents said they had been in the middle of a redevelopment-related dispute. “There has been pressure to vacate the building for redevelopment for many months. There was opposition from residents. In hindsight, it would have been better if people had moved out. This loss wouldn’t have happened,” said a resident, Vijeta Narvekar.

Civic officials said there was no option but to pull down the structure. “The building has weakened and it needs to be razed,” said divisional fire office Prabat Rahangdale.

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GPL to redevelop 18 residential buildings in Mumbai

Realty firm Godrej Properties (GPL) today said it will be redeveloping 18 residential buildings at Chembur in central suburban Mumbai.

Godrej Landmark Redevelopers (GLRPL), a subsidiary of Godrej Projects Development (GPDPL) will execute the project spread over 14,600 sq mt, which will offer around 600,000 sq ft of free saleable area, a company statement said.

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