Ongoing projects are the ones where the Completion or Occupation Certificate has not been received yet. A new project is a project which is freshly promoted by the developer. The registration process and the functioning of the authority is clear as the whole process is online. The developer has to make an application to register new projects under Section 4 read with Rules 3 and 4 of the MahaRERA rules.
Under the Section 4 read with Rule 3, the designer needs to furnish a ton of details regarding his endeavor, the project, approval, permissions from the able position, beginning declaration, the idea of the task, title of the undertaking, FSI that will be utilized, format of the plans, civilities gave, and so on. There is a complete list of details that should be provided by the developer for the project to be registered.
For continuous tasks, the developer needs to give or unveil the parity measure of work, the measure of work did in regard of the sanctioned plan, development time required, and so on. The developer likewise needs to unveil the first course of events gave to buyers and submit declarations from Chartered Accountants and Architects expressing the measure of cash that is yet to be gotten by the buyers and the incomplete percentage of pending work.
At the point when all the details and revelations are given by the developer, vital charges must be paid. The base sum is Rs. 50,000 and the most extreme is Rs. 10 lakhs, contingent upon the size of the task.
The buyers' would lose the security and assurance that the Act gives them to being an Allottee. Complaints are enlisted only for registered projects. As far as anyone knows, an individual goes into a concurrence with a developer in a non-RERA venture and the developer professes to hand over belonging following a year and afterward neglects to convey the individual might not have any cure with RERA. The buyer would not have the option to move toward the Civil Court either as the Act under Section 79 bars the ward of the Civil Court. The buyer would just have cure left under Consumer Forum which might be an awkward cycle.
If the area of the plot is under 500 square meters or where the apartment don't surpass eight in number, it shouldn't be enlisted under RERA. If where the Occupation Certificate has just been gotten before the Act coming into power and when a task is being redeveloped which doesn't entail any marketing or promoting of any area, it does not need to be registered under RERA.
A project registration states three things – the proposed date of completion, revised proposed date of completion and extended date of completion. The extended date of completion comes into force when an application is made by the developer under Section 6, in the event of force majeure. The authorities go through the details and confirm that there is no default on behalf of the developers and then grant an extension. If an extension is not granted, the developer can appeal to the Appellate Forum under Section 44 of the Act.
Section 6, expresses that an expansion must be conceded in occasion of 'Force Majeure' and there ought to be no default with respect to the designer. t an expansion can be allowed under up to a time of one year in sensible conditions by passing a request with that impact.
An understanding available to be purchased has a provision, which expresses that "the buyer can move toward the court for looking for execution of the arrangement". Maha RERA has passed decisions and requests where bearings have been given for execution of agreements available to be purchased. In a couple of cases, RERA has executed a concurrence with the buyer in case of default by the designer. The designer has a legal commitment to execute the understanding available to be purchased.
It is difficult to approach the authority after the possession has been granted. A purchaser should approach RERA before the Occupation Certificate has been granted to the project. If the authority is approached after the Occupation Certificate has been granted to the project, the authority is of the view that the possession should be taken.
Section 18 states that if the purchaser is not satisfied with the developer’s work, he can seek the refund amount with interest from the time when possession was promised. Alternatively, the purchaser can seek compensation for delay in possession. If a purchaser has suffered losses in renting an apartment during the time of construction, then that separate complaint is maintainable before an adjudicating officer under Section 71 where the purchaser will have to make out a case that the damages that have been suffered by the purchaser and he ought to be granted those damages.
Once a project is registered, it is better to approach the RERA tribunal. The court fee for RERA is Rs. 5000 irrespective of claims and the entire scheme is covered under the Act. Although the reliefs are better under the Consumer forum as it has evolved under law, but the difficulty of fitting into the definition of consumer arises. There can also be jurisdictional difficulties with respect to the Consumer Forum. RERA is based in Mumbai and the Appellate tribunal is in Fort (in Mumbai ), it is easier to approach RERA. The second appeal is in the Bombay High Court hence it is easy for the purchasers in Mumbai to approach RERA. It is also less time consuming than the Consumer Forum.
The project has to be registered with RERA before the developer starts marketing the project. Section 4 read with Rule 3, states that the Commencement Certificate, sanction plan, layout plan and all the permissions from the competent authority as the case may be are necessary. There are vital documents like the legal title of the developer, the FSI to be consumed, the nature of the apartments, etc. that need to be submitted. The approvals and permissions required vary depending on the area, nature and location of the project. It is an exhaustive process on a case to case basis where CRZ permissions, collector permissions, permissions from MHADA, defense, railways, etc. may be required depending on the location and nature of the project.
Section 7 provides for revocation of registration of projects, Suo Motu by the authority or complaint by allottees or organization of purchasers, if incorrect details are submitted for registration or when a developer has changed certain amenities or engaged in unfair trade practices. The authority can revoke the registration due to non-compliance. Section 8 of the Act states consequences that are followed in case of revocation of registration. The authority may bar the developer from accessing the site after the registration has been revoked.
If a developer withdraws the registration, he comes under a plethora of legal proceedings, civil and criminal that he will be burdened with. He would lose all rights to the project. The builder would rather have the registration revoked by the authority.
The developer loses his right in respect of the project, not the purchaser. The rights of the purchaser remain intact and the consequences under Section 8 follow, where the authority can appoint a competent authority or a group or association of purchasers for completing the balance project either by pulling in the monies or by using the monies lying with the developer. The project can be completed and then the possession is handed over.
