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How To Complain Against Builder Under RERA

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By Dr Sanjay Chaturvedi, LLB, PhD

RERA – The Real Estate Regulatory and Development Act 2016 came into force on the 1st of May 2017. With the aim to regulate the sector and bring clarity in the real estate market and the act is a key reform measure in the vast real estate sector. The Act mainly enacted to protect real estate buyers and enhance transparency.

The first question before you plan a complaint with RERA authorities in India is weather it is registered with the state authorities or not. The question is which are the projects needs to qualify for registration.

  • In accordance with the Section 3(1) the RERA Act aims at demanding  the promoters  to  register each of their real estate projects be it commercial or residential with the RERA authority and thus barring the developers from advertising  or offering for sale or inviting any such proposal for sale of  any project before such registration. With an exception that such builder shouldn’t have received the completion certificate of the project so advertised. If you think and have proof that your builder have advertised in Print, Digital, Social Media, Hoardings, out door media, calls, messages, email or any thing which you can prove on paper.
    Mind you, if the project is falling between Commencement Certificate and Occupation Certificate (OC) by whatever name called on 1st May 2017 then the project must be registered with State RERA concerned. By no means, the date was extended and it is statutory obligation of the builder to register the project.
  • Section4 (2)(c-f) has provisions for the promoters to provide all necessary and important information relating to the project- sanctioned plan, allotment letter, and the appropriate specifications of the proposed project along with the authenticated approvals and the commencement certificate thus imparting important information of the project to the consumers. Make sure you see that Plan he has uploaded matches with the plan you got in your agreement for sale. If there are deviations then you qualify for complain. Also, builder has to take NOC from 2/3rd buyers at whatever stage the project is.
  • With respect to the consumers interest the builder as mentioned in Section4 also has to provide the carpet area for each unit, the verandah or balconies if any, the garages or parking as to be provided to the consumers promoting transparency for the consumers and to gain access to all necessary information before investing their capital in the project. The carpet area must be as per the definition of RERA Act. It says inner surface of the wall to inner surface of the wall and space below internal wall. It varies from state to state as to the definition includes inner column. The Architect certificate uploaded must be seen.
  • The provisions as mentioned in Section11 (4) holds the promoter responsible for the obligations, and all the promises made to the allottees and thus assuring the consumers against unfair trade practices of the builders. Keep all the statement made by the builder to you either in written, expression and oral.
  • The Act in section 11 provides for the builders being responsible for the repair work of all the structural defects or any such defect that may arise in a period of 5 years from the date of conveyance of all flats in the particular project. Many developers have put conditions in agreement for sale that if without written permission you are not allowed to do any repair. Also a usual wear and tear conditions are imposed. But nothing will stand against this provisions. Builder has to obey the section and give repair to default in workmanship and for every successive occupant within five years.
  • Section 14(2)(i) of the Act prohibits the developers from making any alterations or modifications in the approved plans , fixtures, fittings or amenities of a proposed project without the mutual consent of the allottees, so as to safeguard the interest of the consumers unfamiliar to such alteration. It requires 2/3rd member NOC to do so.
  • The aim of the act is to ensure that the allottees are provided with their respective units according to the stipulated time as provided by the developer at the time of the registration, failure of which penalizes the promoter under Section 18 to compensate such allottee for the delay in possession of such property. Almost every developer took the liberty to raise possession date by four to five years. But if ou have entered into agreement and the date is given then you can always go to court for recourse irrespective of date filled by builder at the time of Registration.
  • Section 19 (4) entitles the consumer to claim refund of the amount of the property along with the interest from the promoter, if the promoter fails to comply or is unable to give possession of the apartment, plot or building, as the case may be, in accordance with the terms of agreement for sale or due to discontinuance of his business as a developer on account of suspension or revocation of his registration under the provisions of this Act, thus securing the capital funds of the allottees who invested in the project.
  • The Act provides for establishment of an authority to be known as Real Estate Regulatory Authority under Section 20 for the effective functioning of the provisions of the act and also securing the interests of the buyers against the ill fitted plans and intentions of the project builders. The authority is having cosi judicial powers to make any arrangement to complete the project and charge penalties.
  • The provisions in S.29 empowers the aggrieved allottees to file a complaint against a developer to the authority, thus enabling the authority to deal with such a subject of protection of a consumer expeditiously and ensuring the disposal of such complaints within sixty days from the date of filing of the complaint with the appropriate authority. In Maharashtra, its online with a fees of Rs5000/- and in other states, the fees varies and sometime off line.
  • The Authority under the act has been vested with the functions of promoting consumer protection under Section 43 which enables the appropriate Government for the formation of a Real Estate Appellate Tribunal for the quick redressal of grievances of the consumers, which also provides of the disposal of cases within sixty days of such filing.
  • Section 59 & Section 60 of the Act provides for the penalty of the developers for contravening the provisions of the act, thus keeping in mind to create a consumer friendly real estate sector.
  • Section 59- Penalizes the promoter to pay up to 10% of the project cost for non-registration their project with the RERA Authority.
  • Section 60 – proscribes that the developer pays 5% for violating the provisions of the act and providing false information to the consumers.

In fact, the preamble of RERA says that the Act is enacted to established RERA Authority in every state and to enhance transparency in real estate transactions and development process.

http://accommodationtimes.com/how-to-complain-against-builder-under-rera/

Lock your Aadhaar number to prevent misuse

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It is now possible to digitally lock one’s Aadhaar number to prevent its possible misuse by a third party. UIDAI has provided a mechanism for the purpose. It is first necessary to link a designated mobile number for each Aadhaar number to avail of this service.

The following is the procedure to lock/unlock the Aadhaar number:

1. Visit https://resident. uidai.gov.in/biometric-lock

2. Enter your Aadhaar number.

3. Enter the system-generated security code/captcha

4. Receive the OTP in the Aadhaar-registered mobile number.

5. Lock your Aadhaar with a unique password.

Once the number is locked, its use gets restricted and no one else will be able to authenticate it on any biometric device without unlocking it. UIDAI has advised everyone to avail of the service from a security point of view as Aadhaar is linked to bank accounts PAN cards and is fast becoming mandatory for various other purposes.
You can also do this by using the mAadhaar app on your cellphone and enable / disable biometrics with ease. Click Here for details on the mAadhaar app

Green Heroes

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Green Heroes: 86-year-old from Mumbai helps society save 40% on water and power bills

The seven-storey Sea Line housing society at Union Park in Khar (West) is equipped with solar power and a windmill for its electricity requirements, a rainwater harvesting facility that saves 2 lakh litres of water every year and an organic waste recycling technique, which reduces the burden on overflowing landfills in the city.

A decade-long struggle by 86-year-old Navin Chandra has paved way for homegrown answers to waste management, water and power problems through long-lasting, cost-effective and environment-friendly solutions.

The seven-storey Sea Line housing society at Union Park in Khar (West) is equipped with solar power and a windmill for its electricity requirements, a rainwater harvesting facility that saves 2 lakh litres of water every year and an organic waste recycling technique, which reduces the burden on overflowing landfills in the city. The society introduced these green measures in 2005-06 and recovered the costs by 2012.

“The idea was to make the best use of natural resources and safeguard city’s environment,” said Chandra. “When I moved to the apartment in 2000, the whole complex was in a mess, almost an environmental disaster. It took years to convince everyone. But once they reaped the benefits, there was no looking back.”

The couple’s efforts were recognised last month after chief minister Devendra Fadnavis awarded the duo as the ‘best small society’ and ‘clean crusader’ award, one among 7,000 buildings in Mumbai, at an award function organised by a private bank.

With 10 flats, the building has a rooftop solar system consisting of fifty panels and a windmill that powers electricity requirements for all common areas of the building, including an office with six computers. Additionally, a solar water heating system supplies hot water to 40 bathrooms in the building at an average temperature of 60 degrees Celsius.

The renewable energy helps save 60% of the society’s monthly electricity bill. “Prior to the installation of the wind and solar setup, we were spending Rs 18,000 per month, now our monthly bill is not more than Rs 7,000,” said Chandra. “As per our assessment, the renewable energy model has helped us avoid the emission of over 3000kg of carbon dioxide into the atmosphere every year.”

The complex does not depend upon the civic body for its non-potable water consumption at all. The quarter-of-an-acre rooftop and common areas, act as catchment for rainwater. The water collected is channeled to a borewell with a capacity of 10,000 litres and excess water is used to recharge groundwater.

“In a crisis situation, where we are unable to procure drinking water for the society, we have made alternate arrangements where the stored rainwater is purified with the help of two machines. The cleansed water is directly transported to our drinking water tanks,” said Chandra.

Meanwhile, the society’s complete wet waste is segregated at source, collected from a door-to-door method and recycled into manure at a 3X3 feet vermicomposting pit. Every month, 100kg organic waste is converted into 10kg compost through the use of worms to degenerate the waste.

“In a city where air pollution is a prime concern, treating your own waste not only helps reduce the quantum at dumping grounds but also saves the tax payers’ money by reducing transportation cost of sending daily garbage,” said Chandra.

While the cost of setting up the solar, wind systems was Rs13 lakh, the society spent Rs7 lakh in installing the rainwater harvesting facility and about a lakh for the vermiculture pit. All expenditures were recovered by 2012 and the reduced utility expenses of the society by 40%.

Soon, wastewater recycling initiative at Union Park

Navin Chandra, 86, has developed a blue print to recycle wastewater from an apartment complex for one of the largest public parks at Union Park, Khar (West), which is currently being considered by the Brihanmumbai Municipal Corporation

Wastewater from an eight-storey apartment will be channelled to the park where the park’s bed will be dug up and natural filtration systems such as rocks, stones and red soil will be used to treat the water. An outlet on another end will provide the treated water which can be used for plants and trees.

RESIDENT SPEAKS

“After the successful implementation of Chandra’s projects over the last 10 years, several neighbouring apartment complexes got the confidence to follow at least one of the three initiatives. His efforts are an inspiration for residents across all apartments at Union Park as he is consciously working towards reducing a large portion of the city’s carbon footprint,” said Bharati Kakkad, secretary, Union Park Residents Association.

EXPERT SPEAKS

“The municipal corporation and citizens should take note of Chandra’s efforts and push for a decentralised system not only for treating waste but power generation and water supply. In turn, the civic body should respond by providing tax rebates for all those houses that are becoming self-sufficient and safeguarding environment through their efforts,” said V Ranganathan, former municipal commissioner of the BMC.

http://www.hindustantimes.com/mumbai-news/green-heroes-86-year-old-from-mumbai-helps-society-save-40-on-water-and-power-bills/story-yRGYvpXFLIT8B3d34qcm7K.html

Chemotherapy found to SPREAD cancer throughout the body, warn scientists

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Brainwashed by doctors, oncologists, and the mainstream media, most cancer patients think their only hope for survival is chemotherapy. In America, treating cancer is BIG business. Since the cancer industry makes billions of dollars each year, a cure is not what they are after.

Did you know that the number one side effect of chemotherapy is cancer? Conventional cancer treatments not only fail miserably, they are also designed to make cancer patients sicker. Though chemotherapy may shrink the initial tumor(s), what is happening in the background is far more important. It is the one dark and criminal truth nobody seems to knows about.

A new study published in the journal Science Translational Medicine earlier this month proved what we have been saying for decades; conventional cancer treatments cause more cancer. A team of scientists at New York’s Albert Einstein College of Medicine has found compelling evidence that chemotherapy is only a short-term solution.

Eventually, the drugs will make you sick again, pushing patients towards a second round of expensive treatments. Clever money generating trick: Instead of helping patients to get rid of the disease, they temporarily put it on hold so they can take the dollars twice.

Chemotherapy kills more patients than cancer itself

In 2017, an estimated 1,688,780 new cancer cases are expected to be diagnosed and about 600,920 people will die from the disease in the United States, according to the annual report by the American Cancer Society.

The New York scientists explained that while shrinking the tumors, chemotherapy simultaneously opens new doorways for tumors to spread into the blood system, triggering more aggressive tumors which often result in death.

The researchers believe toxic chemo drugs switch on repair mechanisms in the body that allow tumors to grow back faster. Furthermore, Dr. George Karagiannis, lead author of the study, and his team found that two common chemo drugs increased the number of “doorways” on blood vessels which allowed cancer cells to spread to other parts of the body. The team also discovered that chemotherapy increased the number of cancer cells circulating the body and lungs of mice.

Though this study only investigated the effects of chemotherapy on breast cancer, the researchers are currently experimenting with other types of cancer to see if similar effects occur, reported The Telegraph.

Dr. Karagiannis noted that women receiving preoperative chemotherapy to treat breast cancer should be monitored to check if the cancer isn’t circulating or creating more possibilities to spread. He recommends taking a small amount of tumor tissue after a few doses of preoperative chemotherapy. If the markers are increased, the therapy should be terminated immediately.

This study is not the first to demonstrate the ways in which chemotherapy can trigger secondary or metastatic cancers. In 2010, researchers at the University of Alabama at Birmingham (UAB) Comprehensive Cancer Center and UAB Department of Chemistry were awarded a $805,000 grant from the U.S. Department of Defense Breast Cancer Research Program to investigate the question whether chemo encourages cancer to spread throughout the body.

Many studies later, we can no longer ignore the answer to that question. YES, patients are dying from chemotherapy, not cancer itself. It has been shown to not only cause secondary cancers but also accelerates tumor growth and causes cancer cells to become resistant to treatment.

Seventy five percent of physicians and scientists would refuse chemotherapy for themselves or their family

What does this number say about the effectiveness and risks of therapy? Do these people know more? And what is the mainstream media hiding from us?

Due to the devastating effects on the entire body and the immune system, and an extremely low success rate, three of every four doctors and scientists would refuse chemotherapy, according to polls taken by the McGill Cancer Center. Additionally, an estimated 97 percent of cancers don’t respond to chemotherapy, yet it remains the go-to treatment for nearly every cancer type.

Think about it. When your body is fighting cancer, the last thing it needs is more cancer-inducing, immune suppressing chemicals, right? Though all scientists and doctors know that chemotherapy is pure poison and can make things worse, the U.S. Food and Drug Administration (FDA) outlaws doctors from choosing non-chemical routes, such as vitamins, supplements, herbs, superfoods, and other natural cancer solutions, for their patients.

Over the past few years, one study after another has been coming out, linking chemotherapy to cancer. Yet authorities fail to make the healthy call. How much more proof do they need before they start to acknowledge that there are far better, less expensive real cures out there?

 

http://www.naturalnews.com/2017-07-10-chemotherapy-found-to-spread-cancer-throughout-the-body-warn-scientists.html

NO CHOICE, IMPLEMENT NOISE RULES

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HC TO STATE: NO CHOICE, IMPLEMENT NOISE RULES FOR GANPATI FESTIVAL

Bench was told that state had planned to approach Centre, seeking relaxation of norms.
The state government, which was planning to relax noise pollution rules for Ganeshotsav and Navratri festivals this year, will instead have to properly implement the same, the Bombay High Court made it clear on Thursday.

A division bench of Justice AS Oka and Justice VV Kankanwadi, while hearing a bunch of public interest litigations on the issue, was informed about the state government’s decision to approach the Centre, seeking relaxation in loudspeaker rules for the forthcoming festivals.

Pouring cold water on the administration’s plans, the High Court observed that the state government had no choice but to follow its directions to not allow loudspeakers in silence zones on any day of the year, as it has failed in its challenge before the Supreme Court.

“Let us remind all the politicians and the government that the Supreme Court has already dismissed the petition that challenged this court’s orders. The SC has upheld this court’s judgment. Now the Apex Court is monitoring this, so you (government) have no other option but to implement this court’s orders or else you are aware about the implications,” the bench observed after hearing the submissions.

The HC order was issued last year.

The court was told that Chief Minister Devendra Fadnavis had met representatives of certain Ganpati mandals and reportedly assured them of relaxations in use of loudspeakers. The mandals are said to have sought the relaxation as 80 per cent of them fall in silence zones.

The court was further informed that despite its orders, the state government has not created any toll-free and WhatsApp numbers for registration of noise pollution-related complaints.

The bench directed the government to ensure that all preparations for effective implementation of the Noise Pollution Rules, 2000, are in place before the festive season. It further directed the state to create the toll-free and WhatsApp numbers.

The petitioners also informed the HC that state has failed to check vehicular noise pollution. On a query from the court, Advocate General Ashutosh Kumbhakoni submitted that the Regional Transport Officers as well as Traffic Police would conduct workshops to sensitise the drivers of taxis, auto-rickshaws as well as Ola and Uber cabs against unnecessary honking.

Mumbai Mirror | 

How does fracking work?

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Deep underground lie stores of once-inaccessible natural gas. There’s a technology, called hydraulic fracturing, or “fracking,” that can extract this natural gas, potentially powering us for decades to come. So how does fracking work and why is it a source of such heated controversy? Mia Nacamulli explains the ins and outs of fracking.

Banks NOT responsible for theft of valuables from Bank Lockers!

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Banks won’t compensate you for burglary or theft of your valuables in lockers, reveals RTI query

Do not expect any compensation for theft or burglary of valuables in safe deposit boxes of public sector banks as the locker hiring agreement absolves them of all liability.

This bitter truth was disclosed in an RTI response by the Reserve Bank of India (RBI) and 19 PSU banks.

Stung by the revelation, the lawyer who had sought information under the transparency law has now moved the Competition Commission of India (CCI) alleging “cartelisation” and “anti-competitive practices” by the banks in respect of the locker service.

He has informed the CCI that the RTI response from the RBI has said it has not issued any specific direction in this regard or prescribed any parameters to assess the loss suffered by a customer.

Even under the RTI response all public sectors banks have washed their hands of any responsibility.

According to the information availed by the lawyer, the unanimous reason given by the 19 banks, including Bank of India, Oriental Bank of Commerce, Punjab National Bank, UCO and Canara, among others, is that “the relationship they have with customers with regard to lockers is that of lessee (landlord) and lessor (tenant)”.

The banks have contended that in such a relationship, the lessor is responsible for his or her valuables kept in the locker which is owned by the bank.

Reuters

The common feature of all locker hiring agreements states, “As per safe deposit memorandum of hiring locker, the bank will not be responsible for any loss or damage of the contents kept in the safe deposit vault as a result of any act of war or civil disorder or theft or burglary and the contents will be kept by the hirer at his or her sole risk and responsibility.Some banks, in their locker hiring agreements, have made it clear that any item stored in the locker is at the customer’s own risk and he or she may, in their own interest, insure the valuables.

“While the bank will exercise all such normal precautions, it does not accept any liability or responsibility for any loss or damage whatsoever sustained to items deposited with it. Accordingly, hirers are advised in their own interest to insure any item of value deposited in a safe deposit locker in the bank,” they have said.

Aggrieved by the responses, the lawyer — Kush Kalra — raised questions before the CCI — why not just keep the valuables at home after insuring them, instead of paying rent to the bank for a locker when it is not going to take any responsibility for the contents.

He further alleged that all these banks, also including State Bank of India, Indian Overseas Bank, Syndicate Bank, Allahabad Bank and others, have formed a “cartel” to indulge in such “anti-competitive” practices.

He further alleged that the bank by forming an association or cartel are “trying to limit the improvement of services which is directly affecting the competition in the market and interests of the consumer”.

The lawyer has sought a probe under the Competition Act into the allegation of cartelisation by the banks in respect of the locker service.

http://www.firstpost.com/business/banks-wont-compensate-you-for-burglary-or-theft-of-your-valuables-in-lockers-reveals-rti-query-3745563.html

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