#RealEstateRegulations https://realtyquarter.com Sat, 23 Nov 2024 15:24:52 +0000 en-US hourly 1 https://wordpress.org/?v=5.4.16 https://realtyquarter.com/wp-content/uploads/2017/11/RQ-logo-fo-web.png #RealEstateRegulations https://realtyquarter.com 32 32 Telangana RERA Penalizes Sterling Homes ₹18 Lakh for Project Delays. https://realtyquarter.com/telangana-rera-penalizes-sterling-homes-%e2%82%b918-lakh-for-project-delays/ https://realtyquarter.com/telangana-rera-penalizes-sterling-homes-%e2%82%b918-lakh-for-project-delays/#respond Sat, 23 Nov 2024 15:21:55 +0000 https://realtyquarter.com/?p=8817 HYDERABAD: The Telangana Real Estate Regulatory Authority (RERA) has levied a penalty of ₹17.9 lakh on Sterling Homes Private Limited for failing to complete the “Sterling Orchids” residential project within the timeline specified under its RERA registration. Located in Mallampet Village, Medchal-Malkajgiri district, the project was initially scheduled for completion by July 1, 2023, with […]

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HYDERABAD: The Telangana Real Estate Regulatory Authority (RERA) has levied a penalty of ₹17.9 lakh on Sterling Homes Private Limited for failing to complete the “Sterling Orchids” residential project within the timeline specified under its RERA registration.

Located in Mallampet Village, Medchal-Malkajgiri district, the project was initially scheduled for completion by July 1, 2023, with a grace period extending to December 2023.

However, with significant delays, RERA has directed the developer to finish all pending work within 90 days from November 14, 2024.

The action follows a complaint filed by flat buyers Allam Nagaraju, S. Arun Kumar, and others, who alleged multiple violations, including delays in project delivery and deviations from the approved construction plan.

According to the complainants, Sterling Homes did not adhere to the sanctioned plan, particularly in constructing the clubhouse and ensuring a compound wall to separate the project from its adjacent Phase II development.

They also accused the developer of misleading buyers by sharing amenities between Phase I and II without prior disclosure. Further, they alleged that Sterling Homes relocated the Sewage Treatment Plant (STP) in violation of the approved plan and began work on Phase II before completing Phase I, thereby compromising the rights of Phase I buyers.

In response, Sterling Homes defended itself in its submission to Telangana RERA (TGRERA), citing external factors such as regulatory hurdles, heavy rainfall, labour shortages, and disruptions caused by the pandemic as reasons for the delays.

The developer maintained that the deviations from the approved plan were minor adjustments made to ensure structural integrity and had been approved by the relevant authorities.

Sterling Homes denied allegations of malafide intent, asserting that Phase II construction was initiated only after securing the necessary approvals and that buyers had been informed about the shared amenities.

It further claimed that financial constraints, exacerbated by the complainants’ alleged non-payment of dues, contributed to the delays in completing Phase I.

In its ruling, RERA ordered the developer to complete all remaining work in the Sterling Orchids Phase I project, including promised amenities, strictly in line with the sanctioned plan, within 90 days.

Additionally, RERA mandated Sterling Homes to pay interest at a rate of 10.95% per annum to the complainants for the amounts already paid, as outlined in the Agreement of Sale.

At the same time, the complainants were directed to clear any pending sale consideration amounts within 45 days to facilitate the project’s progress. Both parties have been instructed to fulfill their respective obligations to ensure the project’s timely completion and prevent further disputes.

 

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Buildox Fined for Accepting Flat Booking Amount Without Telangana RERA Approval https://realtyquarter.com/buildox-fined-for-accepting-flat-booking-amount-without-telangana-rera-approval/ https://realtyquarter.com/buildox-fined-for-accepting-flat-booking-amount-without-telangana-rera-approval/#respond Mon, 18 Nov 2024 19:21:22 +0000 https://realtyquarter.com/?p=8814 HYDERABAD: The Telangana Real Estate Regulatory Authority (TG RERA) has penalized Buildox Private Limited with a fine of ₹1.6 lakh and directed the refund of ₹2 lakh to a flat buyer for allegedly collecting a booking amount without obtaining the necessary approvals. The complainant, Sharath, alleged that Buildox was promoting and accepting payments for a […]

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HYDERABAD: The Telangana Real Estate Regulatory Authority (TG RERA) has penalized Buildox Private Limited with a fine of ₹1.6 lakh and directed the refund of ₹2 lakh to a flat buyer for allegedly collecting a booking amount without obtaining the necessary approvals.

The complainant, Sharath, alleged that Buildox was promoting and accepting payments for a project named The Continent located at Kondapur/Hafeezpet without RERA registration.

Sharath revealed that he discovered the project through Facebook, which led to a WhatsApp chat with a person named Kamal. This interaction was followed by a meeting at the Buildox office with a representative, Damodara Prasad, who introduced himself as a director of Hexasky Infra Projects managing Buildox sales.

Assured of the project’s authenticity and promised possession by 2028, Sharath paid a token amount of ₹2 lakh in February. However, he later discovered that the project lacked mandatory approvals and the land was embroiled in legal disputes. Consequently, he filed a complaint with TG RERA.

In its defense, Buildox denied all accusations, asserting that the Facebook page advertising the project was unauthorized and fraudulent.

The company claimed it neither had a project named The Continent nor any association with individuals named Kamal or Damodara Prasad. Additionally, Buildox stated they had not received any payments related to the project. The company further alleged that their attempt to refund ₹2 lakh was obstructed due to a block imposed by the complainant.

Upon reviewing the evidence, TG RERA concluded that Buildox failed to substantiate its claims, including the justification for receiving funds, and did not comply with interim orders to provide bank statements.

The authority determined that Buildox had violated Section 3 of the Real Estate (Regulation and Development) Act, 2016, by marketing and collecting payments without the required approvals.

On November 11, TG RERA imposed a penalty under Section 63 of the Act, instructing Buildox to refund the ₹2 lakh booking amount to Sharath within 15 days. The authority also cautioned the company that failure to comply would result in additional action under Section 63.

 

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High Court: Petition Against Service Provider Before Karnataka RERA Unmaintainable https://realtyquarter.com/high-court-petition-against-service-provider-before-karnataka-rera-unmaintainable/ https://realtyquarter.com/high-court-petition-against-service-provider-before-karnataka-rera-unmaintainable/#respond Sat, 16 Nov 2024 03:37:39 +0000 https://realtyquarter.com/?p=8811 BENGALURU: The Karnataka High Court recently observed that a petition filed against a service provider before the Karnataka Real Estate Regulatory Authority (K-RERA) is not maintainable. This ruling came as the court allowed a petition filed by M/s Columbia Pacific Communities Pvt Ltd, Bengaluru, a company engaged in providing specialized senior-care services. The petitioner had […]

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BENGALURU: The Karnataka High Court recently observed that a petition filed against a service provider before the Karnataka Real Estate Regulatory Authority (K-RERA) is not maintainable.

This ruling came as the court allowed a petition filed by M/s Columbia Pacific Communities Pvt Ltd, Bengaluru, a company engaged in providing specialized senior-care services. The petitioner had been collecting common area maintenance charges from residents of Serene Urbana Apartments located in Kannamangala, Devanahalli.

Columbia Pacific Communities challenged a January 11 order issued by K-RERA, which had ruled that a complaint filed by the Serene Urbana Apartment Owners’ Welfare Association against Ozone Urbana Infra Developers Private Limited, the project developer, as well as the service provider and others, was maintainable.

The petitioner argued that the association’s disputes with the developer were unrelated to its role as a service provider and that it was unnecessarily dragged into the matter.

The complainant-association maintained that the service provider was collecting common area maintenance charges from apartment owners and insisted that its inclusion in the proceedings was essential, as the dispute with the developer could not be resolved without involving the petitioner.

After examining the records, Justice M. Nagaprasanna observed that the association’s complaint predominantly involved disputes with the developer, Ozone Urbana Infra Developers Private Limited.

The complaint sought to restrain the petitioner from mortgaging land, infrastructure, and assets, as well as from increasing common area maintenance charges until issues with the Serene Urbana Project were resolved. The judge noted that most of the prayers in the complaint were directed at the developer and other respondents, with only ancillary requests involving the petitioner.

The court highlighted that the petitioner’s agreements with individual apartment owners were limited to providing specific services, as outlined in the “services agreement.” Justice Nagaprasanna remarked that the petitioner had no obligations concerning the development or other activities of the apartment complex. Consequently, the court held that the petitioner could not be held liable for the liabilities of the apartment owners or the developer.

The court emphasized that the petitioner was being unfairly implicated in the proceedings due to disputes unrelated to its role. “For the folly of others, the petitioner is sought to be dragged into these proceedings. In the considered view of this court, the complaint against the petitioner, who is only a service provider, is not maintainable,” the judge stated.

In its ruling, the High Court concluded that the complaint against Columbia Pacific Communities Pvt Ltd was not maintainable, affirming that the service provider could not be held accountable for the disputes between the apartment owners’ association and the developer.

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285 promoters receive show-cause warnings from Odisha RERA for breaking regulations. https://realtyquarter.com/285-promoters-receive-show-cause-warnings-from-odisha-rera-for-breaking-regulations/ https://realtyquarter.com/285-promoters-receive-show-cause-warnings-from-odisha-rera-for-breaking-regulations/#respond Fri, 05 Jan 2024 17:30:55 +0000 https://realtyquarter.com/?p=7929 BHUBANESWAR: The Odisha Real Estate Regulatory Authority (ORERA) has sent show cause letters to 285 builders for failing to publish the Quarterly Progress Report (QPR) of ongoing projects around the state on the authority’s website, meaning that time is running out for misbehaving promoters. As per the regulations, real estate project promoters are required to […]

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BHUBANESWAR: The Odisha Real Estate Regulatory Authority (ORERA) has sent show cause letters to 285 builders for failing to publish the Quarterly Progress Report (QPR) of ongoing projects around the state on the authority’s website, meaning that time is running out for misbehaving promoters.

As per the regulations, real estate project promoters are required to furnish the QPR detailing the current state of their housing and planned projects to the homebuyers who have put their hard-earned money in them.

The Real Estate (Regulation and Development) Act, 2016 requires the promoter to submit specific statutory compliances of the registered projects within their validity time, according to ORERA’s directive.

According to the Act, the promoter must update the QPR for the projects listed on the authority’s website. Additionally, it said that the individual must have a chartered accountant analyze his finances within six months of the conclusion of each fiscal year and upload the results to the Internet.

It stated that even though the authority had previously given all promoters until October 15, 2023, to submit all legislative compliances—including any ongoing ones—many promoters had failed to follow the instructions.

“We have sent the letters to the promoters and requested that they respond by January 24 at the latest. The Act will be followed, and required action against any promoter who does not respond promptly will be taken, according to ORERA Chairman Siddhanta Das.

According to officials, ORERA is authorized by the Act to penalize promoters who violate this rule. They stated that each quarter of a given year’s QPR must be posted on the ORERA website within 15 days of its expiration.

According to the ACT, promoters may be fined Rs 5,000 for each missing quarter, with an additional Rs 10,000 for each succeeding missed quarter. ORERA has the right to cancel the promoter’s registration if they neglect to submit the QPR or pay the punishment.

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Just 18% of MahaRERA recovery warrant orders have been completed. https://realtyquarter.com/just-18-of-maharera-recovery-warrant-orders-have-been-completed/ https://realtyquarter.com/just-18-of-maharera-recovery-warrant-orders-have-been-completed/#respond Sun, 24 Dec 2023 10:12:18 +0000 https://realtyquarter.com/?p=7913 PUNE: According to the most recent data available from the Maharashtra Real Estate Regulatory Authority (MahaRERA), for the last six years, the 13 district collectorates in the state have only executed 204 recovery warrant complaints out of a total of 1,123 complaints. Out of Rs 736.66 crore, just 18% of the cases have been resolved, […]

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PUNE: According to the most recent data available from the Maharashtra Real Estate Regulatory Authority (MahaRERA), for the last six years, the 13 district collectorates in the state have only executed 204 recovery warrant complaints out of a total of 1,123 complaints. Out of Rs 736.66 crore, just 18% of the cases have been resolved, resulting in a recovery of Rs 137.74 crore.

The authority has issued recovery warrant orders against 459 projects, out of which 109 projects in the state have had the orders implemented. Pune, Mumbai city, and Mumbai suburban projects had the most number of orders executed.

MahaRERA declared earlier this year that it will keep a careful eye on recovery warrant orders being carried out against misbehaving developers. The action was taken in response to multiple customer complaints about this delayed execution.

The Real Estate (Regulation and Development) Act’s Section 40(1) authorizes the issuance of recovery orders against developers. District collectors receive the warrants in order to attach property and collect unpaid debts. The procedure has been sluggish, though.

241 complaints on 131 projects were filed with RERA in Pune.

Ajoy Mehta, the chairman of MahaRERA, has designated a committed officer to be an additional collector. The officer’s job is to communicate with all collectors and make sure that the complaints are being handled.

In addition, Mehta has been holding weekly meetings to discuss the problem. To make sure that recovery warrant orders are processed quickly, collectors are being called in. We had called in the tehsildar of Karjat, the collectors of Pune, Thane, and Mumbai, an officer stated.

Pune has 241, Thane 183, Alibag 108, Palghar 71, and Mumbai suburban is receiving 442 complaints; the sums to be recovered are in the crores of rupees. According to the data, 131 developments in Pune and 122 projects in the suburbs of Mumbai have received the most complaints.

Officials from the district administration of Pune stated they are pursuing recovery warrant orders. Their data indicates that, as of right now, about 17% of recovery warrant orders have been carried out.”A total of Rs 196.23 crore is to be recovered from the 131 projects that are the subject of the 241 complaints filed in Pune. According to a district official, the total sum collected so far is Rs 34.53 crore from 35 projects, addressing about 51 complaints. The move by MahaRERA to keep an eye on the activities has relieved several homebuyers.

An elderly Pune resident, who has been waiting for the enforcement of a recovery warrant order valued at more than Rs50 lakh issued in his favor, told TOI that it would be extremely beneficial if the authorities kept an eye on the proceedings.

We’ve had enough of making pointless trips to the collector’s office. Malad complainant Arun Sheth said that despite the recovery warrant order being granted in his favor in 2019, he is yet to receive Rs 78 lakh from the developer. “The collectorate has not provided any updates as of yet. At the very least, officials ought to notify us of any developments, he added.

Officials from the Mumbai suburban district administration received contempt notices from the Bombay High Court last year for disobeying its previous orders to execute recovery warrants against the promoters of a Malad (West) project.

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It is concerning that MHADA is charging 18% interest: Maharashtra’s deputy chief minister https://realtyquarter.com/it-is-concerning-that-mhada-is-charging-18-interest/ https://realtyquarter.com/it-is-concerning-that-mhada-is-charging-18-interest/#respond Mon, 27 Nov 2023 17:27:31 +0000 https://realtyquarter.com/?p=7874 NEW DELHI: The deputy chief minister of Maharashtra, Devendra Fadnavis, described the current interest rate that MHADA is collecting from developers as extremely high and said that it must be lowered in order to be comparable to that of the BMC. In order to lower the current rate of 18% compound interest to the rate […]

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NEW DELHI: The deputy chief minister of Maharashtra, Devendra Fadnavis, described the current interest rate that MHADA is collecting from developers as extremely high and said that it must be lowered in order to be comparable to that of the BMC.

In order to lower the current rate of 18% compound interest to the rate charged by the BMC, Fadnavis said that the state government would examine the situation shortly and request that MHADA submit a proposal.

“MHADA’s 18% compound interest rate is extremely excessive, and it is completely inappropriate to charge such a high-interest rate. The interest rate ought to be comparable to what banks offer. “I will undoubtedly step in and, on behalf of NAREDCO Maharashtra, the government will request that MHADA submit a proposal.

This will allow it to be brought up to speed with the BMC and ensure that all of the organizations have the same regulations,” stated Fadnavis.

Regarding the industry’s request for a premium reduction, Fadnavis promised that the government would always give it serious thought, though it would be difficult to predict when that action would be taken. He went on to say that the government has been debating a number of demands made by the real estate sector.

“The entire real estate market has changed since Maharashtra launched MahaRERA, and small buyers’ confidence in the market has grown significantly.

By adhering to MahaRERA regulations, developers have established a legitimate market for purchasers and leveled the playing field. The deputy CM stated, “Many players with ethical values are entering the sector from both the corporate and non-corporate worlds.

He was giving a speech at the Mumbai-based NAREDCO Maharashtra expo.

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