Dhvanil Vakharia

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RERA #conveyance #promoter #association

Is there a time limit prescribed for the promoter to execute conveyance in favour of the association of buyers?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) Promoter shall execute a registered conveyance deed in favour of the allottee within three months from date of issue of occupancy certificate or fifty one per cent of the total number of Purchasers, in such a building or a wing, has paid the full co...

RERA #society #promoter #legal

Is there any time limit prescribed for the promoter for formation of society or any other legal entity of home buyers?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) Promoter has to enable formation of Legal Entity like Cooperative Society, Company, Association, Federation etc. within three months from the date on which fifty one per cent of the total number of Purchasers, in such a buildin...

RERA #maharera

Is there appeal provided against the orders given by MahaRERA? Is there a time limit? What are the fees?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) Any person aggrieved by any direction or decision or order made by MahaRERA or by an adjudicating officer may file an appeal before the Appellate Tribunal within a period of sixty days, in accordance with Rule 9 of Maharashtra Real Estate (Re...

RERA #complaint #buyer

If the buyer wants to file a complaint in Consumer Court, is there any bar under the Act?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) No. As per section 79 of the Act, civil courts are barred from entertaining disputes (suits or proceedings) in respect of matters which Real Estate Regulatory Authority or the adjudicating officer or the Appellate Tribunal is empowered under the A...

RERA #time

Is there any time limit prescribed for disposal of complaints?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) Section 29 of the Act provides that complaints should be disposed off as expeditiously as possible but not later than sixty days from the date of filing the same. However, where it cannot be disposed of during the said period, the Real Estate Regulatory ...

RERA #jurisdiction #complaint

Is there any pecuniary jurisdiction for complaint handling Authorities?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) No. However, geographical jurisdiction may be specified for Chairperson or members of MahaRERA.

RERA #complaint #decide

Who would decide the complaints?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) As per Regulation 24 of Maharashtra Real Estate Regulatory Authority (General) Regulations 2017, for adjudication proceedings with respect to complaints filed, MahaRERA may, by order, direct that specific matters or issues be heard and ...

RERA #complaint #buyer

On what grounds can the home buyer file a complaint?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) An aggrieved person may file a complaint with MahaRERA for any violation or contravention of the provisions of the Act or the Rules or Regulations made there under.

RERA #complaint #buyer #home

Where will the aggrieved home buyer be required to file his complaint?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) The aggrieved person can file an application online as per format provided by MahaRERA website.

RERA #relief #complaint

Is there any provision for interim relief to be granted, pending the final adjudication of the complaint?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) The procedure to be followed by MahaRERA while adjudicating a complaint is detailed in section 36 of the Act read with Rule 6(2) of Maharashtra Real Estate (Regulation and Development) (Recovery of Interest, Penalty, Compensation, Fine payable, Forms of Complaints an...

RERA #promoter #agent #complaints #complaint #buyer

Can a promoter or a real estate agent also file complaint against a buyer?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) Yes. An aggrieved person having any interest in the registered real estate project can file complaint.

RERA #interest #promoter #default #ceiling #payment

Is there a ceiling on the interest to be levied by the promoter in case of default in payment of any instalments by the allottee/buyer?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) In accordance with the model form of agreement, the Allottee has to pay to the Promoter, a rate of interest equal to the State Bank of India highest Marginal Cost of Lending Rate plus two percent, on all the amounts which become due and payable by ...

RERA #interest #maharera #payment #promoter #buyer

Will such interest payment by the promoter to the buyer be automatic or the buyer will have to approach MahaRERA?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) The interest payment is in accordance with the model form of agreement and hence should be automatically paid. The buyer may have to file a complaint to MahaRERA if there is a grievance.

RERA #delay #possesion #interest #possession #promoter

In case of delay in getting possession from the promoter, will the buyer be entitled to get interest on the amount paid by him, for such delayed period?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) Yes. In accordance with the model form of agreement, if the Promoter fails to abide by the time schedule for completing the project and handing over the [Apartment/Plot] to the Allottee, the Promoter agrees to pay to the Allottee, who does not intend...

RERA #registration #maharera #revoked #buyer #maharera

If the registration of a real estate project is revoked for any reason, how will the interest of the buyer, in such project, be protected by MahaRERA?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) MahaRERA will take action in accordance with section 8 of the Act.

RERA #project #completion #promoter #maharera

Is the promoter required to give any undertaking to MahaRERA for completing his project within a specified period?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) Yes, in accordance with the provisions of the Act, the promoter, while applying for registration to MahaRERA, has to give a declaration, supported by an affidavit, indicating the time period within which he undertakes to complete the project or phase ther...

RERA #penalties #agent #maharera

What are the penalties that a Real Estate Agent would face if he fails to adhere to the mandates prescribed by MahaRERA?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) If any real estate agent fails to register and contravenes the provisions of section 9 or section 10 of the Act, he shall be liable to a penalty of ten thousand rupees for every day during which such default continues, which may cumulatively extend u...

RERA #agent #registrationi #project #location #registration

Whether registration of real estate agents would be project specific, location specific or individual specific?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) Real estate agents have to get registered with MahaRERA either as an individual or as "other than individual". Promoters while applying for registration of any real estate project will have to indicate the names of registered real estate agents who wi...

RERA #buyer #registered #flat #duly #maharera

How will a flat buyer know, if the real estate project is duly registered under MahaRERA?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) The MahaRERA website would display all the registered projects. It is mandatory that the advertisement for marketing of apartments in the real estate project must carry the MahaRERA registration number.

RERA #penalty #unregistered #act

What is the penalty prescribed for non-registration of a project under the Act?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) If any promoter fails to register as per Act, he shall be liable to a penalty which may extend up to ten per cent of the estimated cost of the real estate project. On continued violation, he shall be punishable with imprisonment for a term which may extend up to t...

RERA #permissions #promoter #mandatory #registration #maharera

Is it mandatory for the promoter to obtain permissions for the real estate project before applying for registration to MahaRERA?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) Yes, the layout of the real estate project has to be approved. However, the promoter may include some buildings in his application of registration where apartments are proposed and the Building approvals are pending. Building Approval for the apartment...

RERA #fees #additional fees #promoters #maharera

Is there some fee, in addition to the fees prescribed in the Rules, to be charged from promoters, real estate agents and complainants for the MahaRERA website uploading and online services?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) Yes. It has been detailed in the MahaRERA Order available on the MahaRERA website.

RERA #complainant #regulatory authority #consumer forums

Can a complainant approach both the Regulatory Authority / adjudicating officer and the consumer forums for the same disputes?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) An aggrieved person can only approach one of the two forums for redressal of his grievance.

RERA #compensation #promoter #allottee

What is the obligation of the promoter towards return of amount and compensation to the allottee?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) Section 18 of the Act provides for provisions as regards various situations in which the allottee would be compensated by the promoter due to delay in completion of the project etc.

RERA #allottee #term

Does the term ‘allottee’ include secondary sales?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) As per section 2(d) an allottee includes a person who acquires the said ‘apartment / plot’ through transfer or sale, but does not include a person to whom such plot, apartment is given on rent. The Act doesn’t include rental projects, lease / leave and License deals.

RERA #ads #registration #advertisement #registering

Can advertisement be issued for a new project after 1st May, 2017 without registering the said project?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) No. The advertisement issued after 1st May 2017 must carry the MahaRERA Registration Number of the project.

RERA #ads #advertisement

Does advertisement include solicitation by emails and sms? Is issuance of prospectus considered to be a case of ‘advertisement’?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) As per section 2(b), which defines ‘advertisement’, any medium adopted in soliciting for sale would be covered under the said definition, including sms and emails. Prospectus, which is intended for sale of apartment in real estate project, will also be covered.

RERA #land area #apartments #registration #land #registered

If a real estate project has land area less than 500 sqmts but contains more than 8 apartments. Does it still need to be registered?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) Yes. Every real estate project which has land area more than 500 sqmts or has more than 8 apartments needs to be registered

RERA #land #registered

If a real estate project has land area more than 500 sqmts but containing less than 8 apartments. Does it still need to be registered?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) Yes. Every real estate project which has land area more than 500 sqmts or has more than 8 apartments needs to be registered

RERA

Does the definition of ‘promoter’ include public bodies such as Development Authorities and Housing Boards?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) The Act covers all bodies (private and public) which develop real estate projects for sale to the general public. Section 2(zk) defines the term ‘promoter’ which includes both private and public real estate promoters. Thus, both Development Authorities and the Housing ...

RERA #maharashtra

Which areas of Maharashtra are included in the Planning Area as defined in the Act?

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Answered on November 08, 2017

( Source : maharera.mahaonline.gov.in) In accordance with notifications issued by Urban Development Department of Government of Maharashtra, MR & TP Act is applicable to all the districts of Maharashtra. Hence, all areas of Maharashtra a...

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