Refund with Interest and not Stamp Duty: MAHA RERA

By Staff Reporter

In the case of Amit Dattatray Bechhave vs. Vasundhara Constructions Vasundhara Ashok Talware Hemlata Ashok Talware (Complaint No. CC001000000000114), the complainants have filed this complaint seeking directions from MahaRERA to the respondent to refund the entire amount paid by him along with interest and compensation under the provisions of section 18 of the Real Estate (Regulation & Development) Act, 2016 (hereinafter referred to as ‘RERA’) in respect of the booking flat bearing No. A2/02 in the respondent’s registered project known as “Springfield” bearing MahaRERA registration no. P51600011544 located at Nashik.

Facts of the case: It is the case of the complainant that by a registered agreement for sale dated 07-10-2011, he has purchased the said flat in the respondents’ project for total consideration amount of Rs. 23,20,000/-. As per the said agreement for sale, the respondent has promised the date of possession of the said flat to the complainant as December, 2011. However, till date the possession is not handed over to him and even no occupancy certificate is received and till date no title was transferred or conveyance transferred in his name.

Further, the respondents have given wrong information to MahaRERA about possession and about title. Hence the complainant has filed this complaint seeking refund of the money paid by him along with interest from the date of payment, and also refund of the stamp duty and taxes under sections 11, 13, 18 ,19 of the RERA and heavy penalty to be imposed on promoter for violation of section 4 of the RERA for giving wrong information about original possession date.

Being promoter of this project, it was the duty of the respondent to get all requisite permissions from the competent authority and the complainant allottee has nothing to do with the same. Even if the project was getting delayed, then the respondent should have informed the said reasons of delay and should have revised the date of possession mentioned in the said agreement by executing a supplementary agreement. However, no such steps have been taken by the respondent. Moreover, no plausible explanation of alleged delay has been given by the respondent.

Even if the reasons cited by the respondent promoter are taken into consideration as plausible explanation, the respondent promoter is entitled to seek 6 months’ grace period extension in the date of possession which was permissible under the provisions of MOFA in which the present agreement for sale was executed between the parties. Considering the said 6 months’ grace period the date of possession comes to 30-06-2012 from 31-12-2011. Even on that date the project was incomplete, and the possession was not handed over to the complainant.

Likewise, in the present case, since the respondents have failed to handover possession of the flat to the complainants on the agreed date of possession committed in the registered agreement for sale, the complainant is entitled to seek refund under section 18 of the RERA.

Order: In an order dated 16th June 2022, the respondent is directed to refund the entire amount paid by the complainant towards the consideration amount of the said flat along with interest at the rate of SBI’s Highest Marginal Cost of funds based funds based Lending Rate (MCLR) plus 2% as prescribed under the provisions of section-18

of the Real Estate (Regulation and Development) Act, 2016 and the Rules made there under from the date of payment till the actual realization of the said amount.

Needless to state here that the actual amount as provided under section 18 of the RERA means the amount paid by the complainant towards the consideration of the said flat only, excluding the stamp duty, registration charges and taxes etc. paid to the government.

Delayed interest payable even after OC: MAHA RERA

By Staff Reporter

In the matter of Mr. Aditya Gupta and Suparna vs. Shree Sukhtara Developers Pvt. Ltd (Complaint No. CC006000000195686), the complainants above named have filed this complaint seeking reliefs from MahaRERA to direct the respondent to pay interest for the delayed possession to the complainants under the provisions of section 18 of the Real Estate (Regulation & Development) Act, 2016 (hereinafter referred to as ‘RERA’) in respect of their flat bearing no. 4403, situated on the 44th floor in the respondent’s registered project known as “Ruparel Ariana” bearing MahaRERA registration No. P51900003250 located at Mumbai City. The complainants have also prayed for refund of EMI paid by them till the date of possession.

 

Facts of the Case: The complainants’ claim is that they and the respondent had an agreement for sale dated 4th March 2015 in which the complainants agreed to buy the abovementioned apartment in the registered project of the respondent. The respondent was required to transfer possession within 60 months after the commencement certificate date in accordance with clause 41 of the abovementioned agreement for sale. Further, clause 42 of the aforementioned agreement stated that the promoters would be entitled to a reasonable extension of time for offering possession in the event that the completion of the free sale building in which the said premises are located is delayed due to any notices, orders, rules, notifications, or notifications from the government and or competent authorities.

On the other hand, the respondent has denied the allegations made by the complainants by submitting its response to the record on June 23, 2021, in which it claims that, in accordance with the terms of the sale

agreement, possession was to be granted following the completion of the proposed sale building and upon receipt of the necessary occupation certificate. According to the information provided, the commencement certificate was obtained on April 16, 2015, making the possession date of April 16, 2020, subject to a reasonable extension due to the terms agreed upon under clause 42 of the aforementioned agreement, which grants a reasonable extension of time beyond the possession date specified in clause 41 of the aforementioned agreement and is accepted by the complainants themselves.

The complainants claimed that the respondent failed and neglected to transfer ownership of the specified apartment on the scheduled date of possession, and as a result, they sought interest starting from October 1, 2020, taking into account the extension granted by MahaRERA via circular dated May 18, 2020 due to the covid-19 pandemic until September 30, 2020. The respondent verified the payment of the pre-EMI for the house loan up until the date of possession of the complainants’ property in a letter dated 13- 03-2015, according to the complainants’ further allegation that the said flat was reserved under a subvention plan.

 

Order: Considering these facts and circumstances of this case, since the occupancy certificate has already been obtained for the complainant’s flat, the respondent is directed to handover possession of the said flat to the complainants within a period of 15 days subject to payment of outstanding dues payable by the complainants as per the terms and conditions of the agreement for sale and also by adjusting the pre EMI paid by the complainants as agreed by it in it’s letter dated 23th August 2019.

Society Formation and charges till OC to be paid by the Promoter: MAHA RERA

By Staff Reporter

In the case of Nilesh Patil & Others vs. Jayant Baburav Bhadange & Baburav Ganpat Bhadange (Complaint No. CC001000000010125),the complainants have filed this complaint seeking directions from MahaRERA to the respondent to pay the outstanding payment of building utility and provide the completion certificate under the provisions of the Real Estate (Regulation & Development) Act, 2016 (hereinafter referred to as ‘RERA’) in respect of the respondent’s registered project of the respondent known as “Vrindavan” bearing MahaRERA registration No. P51600004972 located at Nashik.

Facts of the case: The complainants have filed this complaint mainly raising following 3 main issues i) the completion certificate has not yet been received, ii) the respondents have not paid common area taxes which is issued in the name of the respondent as though it was responsibility of the respondents to pay the same such as electricity bill, water bill, property maintenance charges and

iii) the building has not been handed over to the allottees. Hence, the complainants have prayed for specific direction to the respondents.

The respondent on the other hand has refuted the claim of the complainants by filing written explanation on record of MahaRERA. It has mainly stated that it has obtained the commencement certificate from the Nashik Municipal Corporation on 27-04-2015 and the civil work has been done as per the building plan.

The respondent further stated that, after construction of the flat the complainants and other allottees requested it to give possession of their flats and accordingly considering the difficulties faced by the complainants and other allottees, the possession of the said flats have been given to the complainant. The respondent further stated that, the said fact was intimated to the complainants at the time of handing over the possession of their flats. Further, it has not used the Corporation water and hence, it is not liable to pay the water bill. In view of these facts, the respondent has prayed for dismissal of the complaint.

From the aforesaid submissions made by both the parties, the MahaRERA has noticed that the complainants have already taken possession of their flats in the year 2018 itself and till date the occupancy certificate has not yet been obtained by the respondent promoter. Further, from the webpage information uploaded by the respondent, it appears that though it has uploaded Architect Certificate Form-4, till date the occupancy certificate has not been obtained for this project, it shows that the project is still incomplete. The respondent promoter is under statutory obligation to obtain the occupancy certificate for this project as provided under section 11(4)(b) of the RERA, and till date the respondent has not complied with the said statutory obligation.

The complainants allottees have taken possession of their flats willingly without the statutory compliances being done by the respondent as cast upon it under RERA. Though the complainants allottees have occupied their respective flats in the said project, however, the said possession is not legal possession in the eyes of law. Hence, the MahaRERA is of the view that till the respondent complied with its statutory obligation to obtain OC, it is liable to maintain the said building at its own cost. Needless to state here that after OC, the respondent shall handover the said project to the society, who thereafter shall be liable to maintain the said building.

Order: In an order dated 12th April 2022, the respondent promoter directed to obtain occupancy certificate for this project within a period of 3 months from the date of this order. The respondent promoter shall also take appropriate steps from formation of society as required under section 11(4) (e) of the RERA and handover this project to the said society by obtaining OC. Till the date of obtaining OC, the respondent shall be liable to pay the outgoing charges towards the maintenance of the said building towards the property tax/water bill etc.

Ambuja Cement Foundation & HDFC Bank Parivartan Extend Holistic Rural Development Programme (HRDP) for Another Year

By Staff Reporter

New Delhi, 18th October, 2022: Ambuja Cement Foundation has joined hands with HDFC Bank Parivartan for the second consecutive year to continue works under the Holistic Rural Development Program in Ambikapur, Chhattisgarh. The project aims to uplift the socio-economic condition of over 13000 people from 10 villages of Surguja district, via a variety of initiatives in water harvesting and efficiency, livestock management, women empowerment and infrastructure.

Livelihoods in this district are dependent on rainfed agriculture, but unpredictable and erratic rainfall severely impacts the profitability of farming here.  Additionally, groundwater depletion has resulted in communities inadequate water harvesting structures which have led to diminished incomes, barren lands, poor quality water and an increase in migration. ACF, in collaboration with HDFC Bank Parivartan, has strategically designed a holistic program to address these issues and fulfil the needs of the community.

To tackle the region’s depleting ground water levels, the program renovated and constructed water harvesting structures last year, to recharge groundwater for agriculture and drinking water use. This year the program aims to construct soak pits, drinking water pipelines, and soil and water conservation works.

The program will also support the installation of drip irrigation and encourage the adoption of lift irrigation for crop diversification, increased income and planning for cash crops in the future. Apart from water efficiency, the program will also promote crop demonstrations, kitchen gardening units, and vegetable farming practices that are financially beneficial for the farmers.

Under the women empowerment program, ACF will form 4 Self-Help Groups for livelihood generation activities and saving credit practices, also providing a platform for women to deal with village level issues. The program will also promote poultry farming by offering skill training, and financial support in constructing poultry sheds.

The area is home to many landless and marginal farmers who are largely dependent on agriculture. The introduction of goatery and livestock management will play an important role in improving the profitability of farmers via the provision of training and awareness, vet care services and support for establishing goat sheds.

Due to poor sanitation and infrastructure facilities, especially in education institutions and anganwadis, the program will also meet the basic infrastructure needs of schools – also building rainwater harvesting systems to provide an all year round, reliable water source.

Speaking on the project extension, Pearl Tiwari, Director & CEO, Ambuja Cement Foundation said, “During the project’s first year, we addressed several key issues such as increasing women’s participation in village level decisions, reducing the skill gap amongst youth and tending to the depleting ground water level.  There is much more work to be done and so we are happy to extend our partnership with HDFC Bank Parivartan, to continue extending positive impacts to more and more rural households.”

Elaborating on the need for such a comprehensive project, Nusrat Pathan, Head CSR, HDFC Bank Ltd said: “Each of the individual projects as part of the HRDP program addresses challenges critical for the people’s socio-economic development. We are positive that the association with ACF will bring about significant change in the community and improve their standard of living.”

GST applicable on rentals on residential accommodation on RCM basis

By Dr Sanjay Chaturvedi, Editor

On 17th July 2022 onwards, GST is applicable on Residential rentals paid by the tenant. Onus is on tenant to pay the GST on the rent paid irrespective of rent amount if the tenant is registered under GST.

For  example, a company paying rentals for director’s accommodation or for any rest house, in such case when the company is registered under GST then the GST is payable @18% on the rent paid irrespective of the amount of rent.

Any tenant who is registered under GST and paying rent for residential unit to accommodate him/her self or its employees/ directors then the GST is payable on RCM method.

Reverse Charge Mechanism (RCM) is method where the service consumer need to pay the GST. It is not clear as ITC is available to this or no.

Pradhan Mantri Awas Yojana – Urban (PMAY-U) has emerged as one of the largest housing schemes of the world: Shri Hardeep S. Puri

By Staff Reporter

Pradhan Mantri Awas Yojana – Urban (PMAY-U) has emerged as one of the largest housing schemes of the world, said Union Minister of Housing & Urban Affairs and Petroleum & Natural Gas, Shri Hardeep S. Puri. Speaking during the Felicitation of Pradhan Mantri Awas Yojana – Urban (PMAY-U) Awards 2021 at Rajkot yesterday, he highlighted that the scheme has already sanctioned 1.23 crore houses that translates to almost 9 times the number that was achieved in the 10 years of the previous regime from 2004 – 2014.   64 lakh houses have already been completed and delivered and the balance too are at various stages of completion.

In order to recognize the outstanding contribution by States, UTs and ULBs, MoHUA has introduced annual awards for excellence in implementation of PMAY(U). The winners for PMAY(U) Awards 2021 have been felicitated by Minister of Housing & Urban Affairs Shri Hardeep S . Puri during the event. Shri Kaushal Kishore, Union Minister of State for Housing & Urban Affairs, Urban Development Ministers from States of Tamil Nadu, Gujarat and Assam, Shri Manoj Joshi, Secretary, MoHUA were among several other dignitaries who graced the occasion. Besides stakeholders from the housing construction sector from all over the country also joined the event.

Stating Pradhan Mantri Awas Yojana – Urban (PMAY-U) as a perfect example of the spirit of co-operative and competitive federalism, Hardeep S. Puri observed that the scheme is a perfect example of the spirit of co-operative and competitive federalism, with all the states participating enthusiastically in ensuring its success.  He said that besides having the full power to appraise and approve the housing projects, all the states have also had a healthy competition with each other to ensure that their state comes on top.  The ultimate winner has been the people, and that too, those that belong to the vulnerable EWS and LIG sections.

The Minister further added that today’s function to award the winners is not only a recognition of the efforts of the states/UTs but also to put on record the acknowledgement and my gratitude to the States/UTs for their unstinted cooperation.

The Minister said that in June 2015, under the vision and leadership of Hon’ble Prime Minister, Narendra Modi, the flagship missions of Pradhan Mantri Awas Yojana – Urban, Smart City Mission, Atal Mission for Rejuvenation and Urban Transformation (AMRUT) and Swachh Bharat Mission (Urban) launched earlier, laid the foundations for the most comprehensive, planned urbanisation undertaken anywhere in the world.

He said that the vision of Prime Minister has led to intensive brainstorming and efforts to promote and mainstream indigenous as well as global innovative construction technologies. The effort was to achieve objectives that of ensuring speed and quality of construction without compromising on critical climate concerns.

In this background, Ministry of Housing and Urban Affairs organized Global Housing Technology Challenge-India (GHTC-India) and Indian Housing Technology Mela (IHTM) in March 2019 and October 2021, respectively.The organization of Indian Housing Conclave in Rajkot this time is a continuation in this series, said Shri Hardeep S. Puri.

He urged the participants to visit the Exhibition on new technologies and materials to learn and replicate in their local context.

Recalling the inauguration of the first Light House Project by Prime Minister in May 2022, the Minister said that the Prime Minister has taken these efforts to the next level by directing all those involved to ensure the mainstreaming of all these technologies.  He has specifically directed that regular study tours to these LHGPs must be organised for students of engineering colleges, planners, so that our next generation of engineers are conversant with these technologies.

 

PM to inaugurate India Urban Housing Conclave 2022 in Rajkot

By Staff Reporter

Prime Minister Shri Narendra Modi will inaugurate ‘Indian Urban Housing Conclave-2022’ (IUHC2022) a three-day event being organised by Ministry of Housing and Urban Affairs (MoHUA), Government of India from 19-21 October 2022 at Rajkot, Gujarat. Hon’ble Union Minister of Housing and Urban Affairs; and Petroleum and Natural Gas, Shri Hardeep S Puri, Hon’ble Minister of State for Housing and Urban Affairs, Shri Kaushal Kishore and other dignitaries from Centre and States will also grace the occasion. Apart from PMAY-U, other Urban Missions viz. Swachh Bharat Mission, Atal Mission for Rejuvenation and Urban Transformation (AMRUT), Smart Cities Mission, Urban Transport, Deendayal Antyodaya Yojana National Urban Livelihoods Mission (NULM), SVANidhi etc. being implemented by MoHUA will participate in the event.

‘Indian Urban Housing Conclave’ will provide a platform to all stakeholders to demonstrate their technologies as well as deliberate upon various options of technologies, materials and processes for large scale adoption and mainstreaming in different type of housing construction suitable for different Geo-climatic regions of the country.  It will create enabling eco-system for further adoption by Public/Private Agencies, R&D and Technical Institutions, Construction Agencies, Developers, Contractors, Start-ups and other stakeholders. Further, beneficiaries (house owners) will have access to innovative, rapid and cost-effective construction technologies and materials for use. It will also help devising strategies, action plan and roadmap for achieving the vision of “Future Ready Urban India” focussed on urban housing during the ‘Amrit Kaal’.

The event will be organised in physical as well as virtual mode with webcasting and live streaming. The event consists of following components:

  1. Inauguration of Light House Project (LHP) Rajkot, Gujarat: The LHP at Rajkot, is one of the 6 LHPS being constructed by MoHUA in 6 States using globally proven innovative construction technologies. The LHP Rajkot is complete in all respect. In this project, ‘Monolithic Concrete Construction using Tunnel Formwork’, a global innovative technology from France has been used for construction of 1,144 houses which ensures rapid construction, durability, low maintenance and is resource-efficient and disaster-resilient. The LHP Rajkot will be inaugurated and handed over to the beneficiaries by the Hon’ble Prime Minister during the event. In addition, various publications, compendiums, books will be released.
  2. National Exhibition on Innovative construction practices: An exhibition on Innovative building materials, construction technologies & processes will be set up where global and domestic exhibitors will showcase the prototype models on new and innovative construction technologies/materials. Technology providers from across the globe, domestic indigenous technologies, potential future technologies (start-ups) from the country have been invited through a simple online screening process. A Technical Evaluation Committee (TEC) constituted for GHTC-India will evaluate and assess their suitability in Indian context. More than 200 technology providers are expected to showcase their products.
  3. Exhibition on best practices adopted by States/UTs under PMAY-U including Gujarat: The PMAY-U Mission promotes cooperative federalism. The States/UTs have innovated their implementation structure as per the local context such as adopting innovative construction practices, convergence of PMAY-U with other housing schemes, livelihood programs, providing housing to special groups, etc. The exhibition aims to showcase such efforts of States/UTs including Gujarat in the successful implementation of PMAY-U along with the achievements of urban missions and their roadmap/action plan for driving the economic growth, transforming lives of people and improving ‘ease of living’.
  4. Deliberations on Affordable Housing Discourses: Various dialogues, thematic sessions, roundtable discussions will be conducted with stakeholders consisting of national and international experts to discuss, share and learn the progress in transforming urban landscape to take resolve for future urban development in improving ‘Ease of Living’. It will also be participated by MoHUA/State/UT officials, academia, civil society organisations and other stakeholders.
  5. Felicitation of PMAY(U) Awards 2021: In order to recognize the outstanding contribution by States, UTs and ULBs, MoHUA has introduced annual awards for excellence in implementation of PMAY(U). The winners for PMAY(U) Awards 2021 have been identified and will be felicitated during the event.

MoHUA has been implementing PMAY-U since June 2015 for providing all-weather pucca houses with all basic amenities for all eligible families/ beneficiaries in urban areas of the country. A total of 122.69 lakh houses have been sanctioned under the Scheme; out of which nearly 105 lakh have been grounded for construction and more than 63 lakh have been completed and delivered to the beneficiaries. The Scheme has been extended up to 31st December 2024 to complete all houses sanctioned till 31st March 2022. Within the ambit of the overarching PMAY-U, a Technology Sub-Mission (TSM) has been set up, to facilitate the adoption of innovative, sustainable, eco-friendly and disaster-resilient technologies and building materials for cost effective, speedier and quality construction of houses.

For promoting new and innovative construction technologies and systems, Global Housing Technology Challenge- India (GHTC-India) was initiated in January 2019 with an aim to identify and mainstream globally best available proven construction technologies that are sustainable, green and disaster resilient through a challenge format to bring technology transition in construction sector. Under GHTC-India, a ‘Construction Technology India (CTI) – 2019: Expo-cum-Conference’ was inaugurated by Hon’ble Prime Minister on 2nd March 2019 at Vigyan Bhawan, New Delhi.

Six distinct technologies were selected amongst 54 shortlisted globally best technologies that participated in GHTC-India for constructing six Light House Projects (LHPs) at Indore, Rajkot, Chennai, Ranchi, Agartala and Lucknow. The foundation stone of all 6 LHPs was laid by the Hon’ble Prime Minister on 01.01.2021. Out of the 6 LHPs, LHP Chennai was inaugurated by Hon’ble Prime Minister on 26th May 2022. LHP Rajkot is ready for inauguration. The other four LHPs are at advance stages of construction.

In addition, an ‘Indian Housing Technology Mela’ (IHTM) was organised on 5th October, 2021 in Lucknow, Uttar Pradesh to promote indigenous alternate/sustainable building materials and innovative construction systems/ technologies for low & mid-rise structures for affordable housing in the country. IHTM was inaugurated by Hon’ble Prime Minister. Under IHTM, 84 indigenous innovative technologies, materials and processes were shortlisted.

‘Indian Urban Housing Conclave’ will help in widening the horizon and bringing technology transition in the construction sector for sustainable development. It will also bring together all global and indigenous innovative technologies, materials and process shortlisted under GHTC-India as well as under IHTM including those developed subsequently by various stakeholders across the world and showcase them on a common platform.

Grant of Rs. 1,764 crore released to States for Million Plus Cities/Urban Agglomerations

By Staff Reporter

The Department of Expenditure, Ministry of Finance today released an amount of Rs. 1,764 crore to 4 States for providing grants to Million Plus Cities/Urban Agglomerations.  The States to which grants were released today are Andhra Pradesh (Rs. 136 crore), Chhattisgarh (Rs. 109 crore), Maharashtra (Rs. 799 crore) and Uttar Pradesh (Rs. 720 crore).

The grants released are meant for Million Plus Cities/ Urban Agglomerations (MPC/UAs) of Vijayawada & Visakhapatnam in the State of Andhra Pradesh, Durg Bhilainagar & Raipur in the State of Chhattisgarh, Aurangabad, Greater Mumbai, Nagpur  Nashik, Pune & Vasai-Virar City in the State of Maharashtra and Agra, Allahabad, Ghaziabad, Kanpur, Lucknow, Meerut & Varanasi in the State of Uttar Pradesh.

The 15th Finance Commission (15th F.C.) in its report for the period from 2021-22 to 2025-26 has divided the Urban Local Bodies into two categories: (a) Million-Plus urban agglomerations/cities (excluding Delhi and Srinagar), and (b) all other cities and towns with less than one million population (Non-Million Plus cities).  The 15th F.C. has recommended separate grants for them. Out of the total grants recommended by the Commission for Million Plus Cities/ Urban Agglomerations (MPC/UAs), more than 2/3rd is recommended for Solid Waste Management component and the remaining 1/3rd  is allocated for Ambient Air quality.

The 15th F.C. recommended Solid Waste Management grant component of Million Plus Cities Challenge Fund for Million-Plus cities/UAs is intended to be utilized for improving drinking water quality & supply (including rainwater harvesting and recycling), sanitation and achieving star ratings by the urban local bodies in Solid Waste Management in consonance with the approved City Action Plan (CAP) and commitments made in the tripartite Memorandum of Understanding (MoU) signed for the purpose.

State wise amount of urban local bodies (ULB) grant released to the states in the financial year 2022-23 is given below:

S. No. State Amount of ULB grant released in FY 2022-23 (Rs in crore)
1 Andhra Pradesh 293.75
2 Arunachal Pradesh 0.00
3 Assam 0.00
4 Bihar 7.35
5 Chhattisgarh 307.20
6 Goa 0.00
7 Gujarat 20.21
8 Haryana 77.40
9 Himachal Pradesh 78.00
10 Jharkhand 11.94
11 Karnataka 7.35
12 Kerala 256.00
13 Madhya Pradesh 314.10
14 Maharashtra 840.34
15 Manipur 42.50
16 Meghalaya 44.00
17 Mizoram 17.00
18 Nagaland 0.00
19 Orissa 0.00
20 Punjab 0.00
21 Rajasthan 11.94
22 Sikkim 7.50
23 Tamil Nadu 14.70
24 Telangana 331.40
25 Tripura 21.00
26 Uttar Pradesh 1988.07
27 Uttarakhand 62.70
28 West Bengal 7.35
  Total 4761.80

MAHA RERA: Refund applicable even after Termination

By Legal Research Cell

In the case of Mudhit Gupta vs. Glider Buildcon Realtors Private Limited (Complaint No. CC006000000193972), the complainant has filed this complaint seeking direction from MahaRERA to the respondent to refund the entire amount paid by him along with interest under the provisions of section 18 of the Real Estate (Regulation & Development) Act, 2016 (hereinafter referred to as ‘RERA’) in respect of the booking of a flat bearing no. 4205 on 42nd floor in the respondent’s registered project known as “South Tower” bearing      MahaRERA     registration   No.               P51900015854 situated at Mumbai.

Facts of the case: It is the case of the complainant that he submitted a form titled, “Request for Reservation of Residential Unit” (ROR), in respect of the said 2 BHK flat for the total sale consideration of Rs.3,96,75,301/- He sought for the details of registration of the said project repeatedly, but the respondent wilfully failed, neglected and avoided to provide the same.

Appalled by the fact that the (i) details of litigations affecting the said project were not disclosed; (ii) that respondent had not issued allotment letter in format uploaded by it on website of MahaRERA, or otherwise; and (iii) that the respondent had not expressed acceptance the request of the complainant, as made in the said ROR, in spite of having made the entire amount payable at the stage of ROR and the complainant vide his email dated 19/11/2018 called upon the respondent informing it that he is revoking his request and accordingly directed the respondent to refund the amount of Rs.22,21,818/- paid by him to the respondent along with interest thereon with 18% p.a. from date of receipt of said amounts till payment thereof to the complainant.

The complainant has not stated violation of section 12 of the RERA by showing any false notice /advertisement published by the respondent promoter, due to which he suffered from any sort of loss as contemplated under section 12 of the RERA. Hence, the MahaRERA cannot consider the claim of the complainant under section 12 of the RERA. In addition to this, the complainant has not produced any adverse order passed by any apex court imposing stay on the project.

Considering the facts and circumstances of this case, the MahaRERA is of the view that in absence of any agreed date of possession, the claim of refund sought by the complainant under sections 12 and 18 of the RERA cannot be considered. Therefore, if the complainant is seeking cancellation of the said booking the respondent is entitled to take action in accordance with the terms and conditions of the RFR dated 4-06-2018 signed by both the parties. The respondent after raising various demand letters to the complainants has finally cancelled the said booking on 14- 02-2019 and thereby forfeited the entire amount paid by the complainants in accordance with the terms and conditions of RFR.

Order: In an order dated 21st March 2022, in view of the facts and circumstances of this case and in compliance of principles of natural justice, since the complainant has chosen to exit from the project and the termination has already been done by the respondent, in compliance of principles of natural justice, the respondent promoter is directed to refund the amount to the complainant allottees by deducting the 10% of the amount paid by him (i.e. 10% of the Rs.22,21,818/-) towards the administrative charges within a period of 3 months from the date of this order without any interest considering the Covid-19 pandemic.

Government to bring a holistic decriminalisation law at Winter Session of Parliament to end harassment and reduce compliance burden on businesses: Shri Piyush Goyal

By Staff Reporter

Union Minister of Commerce and Industry, Consumer Affairs, Food and Public Distribution and Textiles, Shri Piyush Goyal has said that the government is all set to give a significant leg-up to ease of doing business by bringing a holistic decriminalisation law at upcoming Winter Session of Parliament. He said this while addressing the 117th Annual Session of the PHD Chamber of Commerce in New Delhi today. Decriminalising sections of various laws will end the harassment faced by businesses and reduce compliance burden, he said.

The Minister spoke of the large number of reforms and transformative steps that have been taken in the last few years and added that the Government pursued a broad based and consensus based development model across sectors and businesses. He urged the Chamber and all stakeholders to give their suggestions and feedback before the winter session of the Parliament so that their inputs can be included in the proposed bill.

Shri Goyal said that India-Canada FTA negotiations were ongoing and said that the government was striving to get more market access to developed nations for the Indian products and services through FTAs. He added that India has been working with developed  nations which are high-income, high-consumption countries to maximise our exports which will in turn lead to more employment generation in the country. He said that the government is ensuring that FTAs are fair, balanced and equitable for both parties involved. He urged industry to abandon its protectionist mindset and said that our negotiations are with nations that have rule-based systems and transparent processes.

Shri Goyal termed Prime Minister’s GatiShakti National Master Plan as an infrastructure marvel. He asked PHDCCI to organise presentations on the salient features of the National Master Plan so that all stakeholders may understand how technology is being leveraged to create world class infrastructure without time and cost overruns. He expressed confidence that the Production Linked Incentive (PLI) scheme would help Indian manufacturing come of age, would augment capacities and help our manufacturing sector become global in terms of scale and size.

Shri Goyal dwelled on the challenges that the world faced, from the pandemic to regional conflicts to economic recession and inflation and said that amidst all this turmoil, India has been a shining star.  The Minister said that India continues to be one of the fastest growing economies and successfully continues to rein-in inflation compared to the rest of the world. He observed that while double digit inflation as normal earlier, today the country is able to contain inflation at around 7 percent.

Shri Goyal noted that India has been ranked 40th in the Global Innovation Index (GII) by World Intellectual Property Organisation (WIPO) and said that this was the result of path-breaking reforms undertaken under the leadership of Prime Minister Shri Narendra Modi.  India rose from the 81st place in GII in 2015 to the 40th rank in 2022, he said adding that this achievement was possible only because of the strong partnership between Industry and the government and the significant engagement and support the government received from all business leaders.  The Minister expressed confidence that it would be this partnership will define the future of India.

Shri Goyal elaborated on the National Single Window System (NSWS) into which all central and state ministries and in due course local governments too are being integrated.  He said that one single portal would help get all approvals without any physical interface. Over 32 ministries and several states have been on-boarded on the NSWS and there are 18,000 approvals already being granted on the portal. He asked industry to use NSWS effectively so that they may give feedback to improve the portal.

The Minister also highlighted the recent development of Open Network for Digital Commerce (ONDC) which has begun beta-testing in Bengaluru. He said that the government was trying to democratise e-Commerce so that even small businesses in remote parts of the country can enjoy benefits of digitization and e-Commerce. This will open up new opportunities to many more entrepreneurs and startups, he added.

The Minister concluded his remarks by stating that India is today a strong, confident nation which wants to engage with the world from a position of strength.

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