RERA

You are having both / Several other Options too, including the Civil, Criminal, Consumer etc. It is you to decide which one to adopt. As RERA is the central law , to be adopted by the sates as i well enacted The fact remained that " Many states in collusion with builder's lobby is keeping silent OR keeping the loopholes in either way to safeguard the interest of the Lobby. But during the course it will get streamlined, BUT it does not mean that you should wait -till then. Advisable to adopt multiple option subject to time, efforts and money. more  

In haryana still it has not been implemented, only draft notice has been issued, AS per central Govt. act it should be followed in to to., but it seems that Govt. is under pressure of Builder Lobby,as per Centre Govt. it's Provisions should not be diluted,other wise ,General Public who is investing his hard earning amount ,will not be in position to get satisfied . we all should make request upon Haryana Govt. it shoul follow Central act as it is,with minor changes if it necessary at all. more  

Maharashtra RERA rules implemented from May 1, 2017 are the ‘worst’ in the country. We need to petition the CM (who holds the portfolio of Ministry of Urban Development directly alongwith other portfolios like Home Ministry) to amend the Act in line with the Central RERA rules: Maharashtra has made rules favourable to builders despite the intervention of bodies like Mumbai Grahak Panchayat which was trying to get the rules aligned to central RERA rules. Look at the key rules favouring the builders : Maharashtra RERA has removed imprisonment clause for defaulting builders and developers. Builder can get away by just paying a fine. Maharashtra RERA has made complaints from consumers under any other law and Act invalid, if it is for the same complaint if filed under RERA. Worse still, it gives primacy to RERA clauses in case there is any overlap with existing provisions of MOFA etc. Even worse, Maharashtra RERA rules have a provision for ‘phases of real estate project’. It seems to notify a set of buildings and even a wing of building as a project. While the Central RERA Act allows for large projects that are spread over 100 acres to be completed in phases, it certainly does not allow for dividing a project into buildings, say experts. Also the Central RERA is very clear about phase-wise projects: if a swimming pool/ Club-House is shown in the brochure or advertisement while selling phase-1 buildings, then the same has to be delivered with phase-1 of the project itself, else no amenity can be shown in a project if it is not part of the same completion time-frame as the buildings in that phase. Maharashtra RERA rules make a mockery of consumer rights, as it has provision for 'last approved proposed plans’. However, as per the Central RERA Act notified by the Centre, only sanctioned plans can be submitted and not proposed plans. Further more, the Central RERA clearly states : "Once you have uploaded documents and registered the project with the regulatory authority, you cannot get the proposed plan changed unless you have the approval of two-third allottees of the project,", whereas Maharashtra RERA skips this entirely by allowing this ‘last approved sanctioned plan’. When Central RERA clearly states that consent from two-third allottees is required for changes in approved sanctioned plans shared at the time of booking a house, then Maharashtra RERA to allow builders the freedom to upload only the last approved sanctioned plan is a clear indication to legalise all changes made by the promoter in the plan subsequent to booking. Maharashtra RERA rules also provide discretionary power to the Authority, to withhold any information or document from uploading on the website for public viewing. Whereas Central RERA does not provide for any such power to be given to the Authority, and by providing for such discretionary powers completely defeats the the objective of the Act. Wonder when the consumer activists and bodies like Mumbai Grahak Panchayat will again fight for the rights of consumers to be protected in Maharashtra ? more  

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On 18/01/17, news published in Times Of India, that Minister of Housing and Urban Poverty Alleviation Shri M.Venkaiah Naidu had called meeting with concerned State RERA Implementation officials and clarified various queries and has given firm date May'17, when it will be effective across pan-India. The details are as below: States can't dilute RERA; Naidu warns of public outcry Times of India, Editor | January 18, 2017 @ 04:07 PM Ministry of HUPA rules out any amendments to RERA: Plot size of 500 sq.mt not to be changed. Implementation of RERA discussed with States; Most of the States to notify rules soon. Minister of Housing and Urban Poverty Alleviation Shri M.Venkaiah Naidu today urged the States and Union Territories to rise to the occasion and implement the Real Estate (Regulation & Development) Act ,2016 from the first of May this year, as proposed in the Act. He addressed a meeting of Chief Secretaries and senior officials of States and UTs convened by the Ministry of HUPA to discuss implementation of the Real Estate Act. Shri Venkaiah Naidu said “ Real Estate Act is one of the most consumer friendly laws passed by the Parliament and States have no power to dilute its provisions. This law, which was widely welcomed and appreciated, benefits both the buyers and sellers of real estate properties besides enhancing the credibility of the sector. There is lot of hope and expectation from this act by all the stakeholders. There are some media reports that some States have diluted some provisions of the Act in the Rules notified by them. States don’t have such powers and I hope such reports are not true. Today, I want to make it clear that any compromise with the spirit of the Act will have serious implications including public outcry. Whoever does so will have to face the public outcry. I expect the States and UTs to rise to the occasion and ensure implementation of the Act from May this year as proposed in the Act by taking necessary measures in time”. Later, various aspects of the Real Estate Act were discussed in detail. Responding to the views and suggestions made, Dr.Nandita Chatterjee, Secretary (HUPA) clarified that no amendments to the Act would be considered at this stage since full implementation of the Act would begin only in May this year when Real Estate Regulatory Authorities and Appellate Tribunals would become functional. Dr.Chatterjee also clarified that the minimum plot size of 500 sq.mt proposed in the Act for registration of projects with Regulatory Authorities was arrived at after several rounds of discussions by the Parliamentary Committees and in the Parliament and it can’t be altered now. She said that the cutoff date for the ongoing projects that have not received completion certificates for including under the purview of the Real Estate Act would be May first this year, from when the full Act comes into effect. Regarding other issues raised by the States, the Ministry officials stated that necessary clarity for the purpose of implementation of the Act can be given in the Rules to be notified by the States/UTs, without violating the spirit of the Act. These include stilt parking to be used as garage. Responding to the issue of excluding balconies from the definition of carpet area, it was explained that it posed no problems as costing could be accordingly informed to the buyers. Interim Regulatory Authorities have been proposed in the Act so that they could put in place necessary institutional mechanisms for full fledged Regulatory Authorities could become functional from the first of May this year, it was explained. The Ministry has agreed to come out with a template for Website to be made operational for disclosure of a range of information about the projects as mandated under the Act. Any expenditure incurred by the promoters on development of land could be included as part of the cost of land, States were told. During the review, it revealed that Andhra Pradesh, Arunachal Pradesh, Chattisgarh, Haryana, Himachal Pradesh, Jharkhand, Karnataka, Kerala, Mizoram, Rajasthan, Tamil Nadu and Puducherry would notify the Real Estate Rules next month. Punjab and Uttarakhand have informed that the needful would be done after the elections to the State Assemblies. Real Estate Rules have so far been notified for Gujarat, Madhya Pradesh, Maharashtra, Uttar Pradesh, Delhi, Chandigarh, Andaman & Nicobar Islands, Dadra and Nager Haveli, Daman & Diu and Lakshadweep. more