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29/10/2024

Are you a homebuyer, real estate investor, or property owner in Bangalore?

Navigating the complexities of RERA (Real Estate Regulatory Authority) can be daunting, but finding the right RERA lawyer doesn't have to be.

If you're looking for legal expertise to protect your interests, it's crucial to identify a lawyer who specializes in RERA-related matters. This specialized knowledge can make all the difference in ensuring your rights are upheld and your investments are safeguarded.

Whether you're a pre-launch investor, an allottee, or an NRI seeking legal guidance, our team of RERA experts can provide the tailored support you need. With a deep understanding of the RERA Act and its implications, we are equipped to handle a wide range of real estate disputes and transactions.

Don't leave your legal matters to chance. Connect with us today and let our RERA lawyers in Bangalore help you navigate the complexities of the real estate landscape. Together, we'll find the right solutions to meet your unique needs and objectives.

29/10/2024

Who can complain to RERA?
Dear Friend,

Under the Real Estate (Regulation and Development) Act (RERA), any aggrieved person can file a complaint online against builders for violations or contraventions of the RERA Act and its associated rules and regulations.

Section 31 of the RERA Act clearly states that "any aggrieved person" can submit complaints to the RERA Authority or its adjudicating officers regarding any non-compliance by a promoter, allottee, or real estate agent. This includes homebuyers, investors, or any other stakeholder affected by the actions of the builder.

The online complaint mechanism allows individuals to easily register their grievances with the relevant RERA Authority. This provides a streamlined process for addressing issues such as delays in project completion, deviation from approved plans, lack of promised amenities, or any other breach of the builder's obligations under the RERA framework.

By empowering all aggrieved parties to file complaints, the RERA Act ensures accountability and strengthens consumer protection in the real estate sector. The online complaint system makes the redressal process more accessible and efficient, allowing for timely resolution of disputes between homebuyers and builders.

Best Wishes,

Rajeev K. Jha, Advocate

“There are 2% blind people, and 98% can't see the future or even the next moments. So, nobody can run or grab the opportunity or avoid the challenges. It's ourselves who have to fight within us against fear, doubt, weakness, or situations. We have to stand for what is right and fight for our own rights.” Jai Hind!!

If you like the post, kindly follow my profile.

*****

Rajeev K. Jha, Advocate's answer: Dear Friend, Under the Real Estate (Regulation and Development) Act (RERA), any aggrieved person can file a complaint online against builders for violations or contraventions of the RERA Act and its associated rules and regulations. Section 31 of the RERA Act c...

29/10/2024

Is it advisable to invest in a property without necessary approvals such as OC, CC, and BMRDA/BDA approvals? Are there any potential issues that may arise when selling or buying such a property in the future?
I would argue that it's far from a waste of money and time. Free money is typically earned through scams or corruption. It represents undeserved cash flow and disregards the value of honest blessings from Goddess Lakshmi.

Go ahead and invest in such properties. One day you'll be standing in front of an Hon’able court or holding a placard, blaming the government for not supporting you.

I'm happy to see future clients of the legal fraternity.

Happy Shopping..!!!

Rajeev K. Jha, Advocate's answer: I would argue that it's far from a waste of money and time. Free money is typically earned through scams or corruption. It represents undeserved cash flow and disregards the value of honest blessings from Goddess Lakshmi. Go ahead and invest in such properties. ...

29/10/2024

In Bhopal Madhya Pradesh there are many projects where people are selling farmhouse by diverting agricultural land but none of them are RERA registered. Is it mandatory for them to get their projects registered? Will the buyers face any consequences?
If it is agricultural use land, ( kindly double check) then they won't have to get registered in RERA. And incase they have converted that land into NA ( Non- Agricultural) land use, then definitely have to register in RERA.

These are common issue all across India, where people find out some or other “Jugar” to bypass the law and fool innocent homebuyers or investors.

Pls. Note; These land are generally Wet Land or Irrigational/ Cattle Grazing Land/ River bed land zones, which are prohibited to convert in other land uses by NGT and other Environmental rules.

Best wishes,

Rajeev K. Jha, Advocate

++++ :)

Rajeev K. Jha, Advocate's answer: If it is agricultural use land, ( kindly double check) then they won't have to get registered in RERA. And incase they have converted that land into NA ( Non- Agricultural) land use, then definitely have to register in RERA. These are common issue all across Ind...

29/10/2024

Who can file a complaint online against builders under RERA?
Dear Friend,

Under the Real Estate (Regulation and Development) Act (RERA), any aggrieved person can file a complaint online against builders for violations or contraventions of the RERA Act and its associated rules and regulations.

Section 31 of the RERA Act clearly states that "any aggrieved person" can submit complaints to the RERA Authority or its adjudicating officers regarding any non-compliance by a promoter, allottee, or real estate agent. This includes homebuyers, investors, or any other stakeholder affected by the actions of the builder.

The online complaint mechanism allows individuals to easily register their grievances with the relevant RERA Authority. This provides a streamlined process for addressing issues such as delays in project completion, deviation from approved plans, lack of promised amenities, or any other breach of the builder's obligations under the RERA framework.

By empowering all aggrieved parties to file complaints, the RERA Act ensures accountability and strengthens consumer protection in the real estate sector. The online complaint system makes the redressal process more accessible and efficient, allowing for timely resolution of disputes between homebuyers and builders.

Best Wishes,

Rajeev K. Jha, Advocate

“There are 2% blind people, and 98% can't see the future or even the next moments. So, nobody can run or grab the opportunity or avoid the challenges. It's ourselves who have to fight within us against fear, doubt, weakness, or situations. We have to stand for what is right and fight for our own rights.” Jai Hind!!

If you like the post, kindly follow my profile.

*****

https://qr.ae/p2Sgk3

29/10/2024

If a real estate project gets RERA approval, can I assume that it has all necessary municipality and environment clearances?

Dear Friend,

Nothing is safe in India; anything can happen. Even after having all approvals & clearances from RERA, environmental clearance, building plans, etc., and sold to few homebuyers, the project still got cancelled.

Kindly refer to the article published in the Economic Times dated 11-05-2024.

Two M3M Group companies denied land parcels in Noida for poor pricing

The Uttar Pradesh government has cancelled the allotment of two land parcels in Noida to M3M Group subsidiaries Lavish Buildmart and Skyline Propcon, saying the companies were allotted the land at a "non-competitive rate".

Read more at:

Two M3M Group companies denied land parcels in Noida for poor pricing
UP govt cancels Noida land allotment to M3M's Lavish Buildmart and Skyline Propcon due to non-competitive rates. M3M invested ₹4,000 crore in The Cullinan project with RERA registration.
https://economictimes.indiatimes.com/industry/services/property-/-cstruction/two-m3m-group-companies-denied-land-parcels-in-noida-for-poor-pricing/articleshow/110041825.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst
Best Wishes,

Rajeev K. Jha, Advocate

If you like the post, kindly follow my profile.

UP govt cancels Noida land allotment to M3M's Lavish Buildmart and Skyline Propcon due to non-competitive rates. M3M invested ₹4,000 crore in The Cullinan project with RERA registration.

29/10/2024

Which one is better, rented houses or buying a flat with a bank loan?
If Amount of Rent & EMI is SAME. Then Buying House is best not better.

Even if EMI of Bank Loan is Higher, Than Buying House is better.

Last if EMI of Bank Loan ‘Versus’ Interest return on Security Deposit of Lumpsum amount, etc. etc…will never fetch you sense of ownership and secure life for you & your family, which never happen and can't keep FD for long.

In other hand, Value of property will increase and your EMI will be investment. RENTAL are one way expenses, it's never comes back. It is biggest expenses black hole of your life.

Buying House Lock Kar diya Jaye….

Best wishes

Rajeev K. Jha (Advocate)

+++++:-)

Rajeev K. Jha, Advocate's answer: If Amount of Rent & EMI is SAME. Then Buying House is best not better. Even if EMI of Bank Loan is Higher, Than Buying House is better. Last if EMI of Bank Loan ‘Versus’ Interest return on Security Deposit of Lumpsum amount, etc. etc…will never fetch you sense...

29/10/2024

How much will I get refunded from a builder if I file a case against him/her in RERA?
Dear Friend,

When it comes to filing a case against a builder under RERA (Real Estate Regulatory Authority), you have a strong chance of getting a full refund if the builder has not fulfilled their promises as per the prospectus, builder-buyer agreement, or the agreement to sale terms and conditions.

Based on my personal experience, if the builder has deviated from the RERA Act and rules, you can expect a 100% refund. The RERA Act is very clear in its provisions, and it heavily favors the homebuyer in such cases.

The key is to thoroughly review the builder's commitments and the RERA guidelines to identify any discrepancies or non-compliance. Once you have a strong case, filing a complaint with RERA can compel the builder to refund the entire amount you have invested, along with any applicable interest or compensation.

RERA was introduced to protect the interests of homebuyers and ensure transparency and accountability from real estate developers. By leveraging the provisions of this act, you can confidently pursue a full refund if the builder has not upheld their end of the agreement. The process may involve some effort, but the law is on your side in such scenarios.

Best Wishes,

Rajeev K. Jha, Advocate

Rajeev K. Jha, Advocate's answer: Dear Friend, When it comes to filing a case against a builder under RERA (Real Estate Regulatory Authority), you have a strong chance of getting a full refund if the builder has not fulfilled their promises as per the prospectus, builder-buyer agreement, or the ...

29/10/2024

Is it legal to rent out a house to pay the mortgage?
Renting out a house to pay the mortgage is generally a legal practice, but it's important to understand the specific regulations and considerations in your area. From my experience, this can be a viable option for homeowners looking to generate additional income and offset mortgage payments.

Rajeev K. Jha, Advocate's answer: Renting out a house to pay the mortgage is generally a legal practice, but it's important to understand the specific regulations and considerations in your area. From my experience, this can be a viable option for homeowners looking to generate additional income ...

29/10/2024

Can you register an apartment without registering individual properties under the Real estate Regulatory Authority (RERA)? How is this seen legally?
No, you are not required to do so. Even if your property is registered or unregistered or falls outside the RERA ambit, your property is an individual property, and such RERA regulations are not applicable for such properties.

In case you are selling more than 8 apartments and the plot size is more than 500 square meters, you'll have to get registered under RERA to register your property at the registrar's office.

Best Wishes,

Rajeev K. Jha, Advocate

*****+++*****

Rajeev K. Jha, Advocate's answer: No, you are not required to do so. Even if your property is registered or unregistered or falls outside the RERA ambit, your property is an individual property, and such RERA regulations are not applicable for such properties. In case you are selling more than 8...

29/10/2024

How do I recover money from the builder of an under construction flat by applying in RERA?
Dear Friend,

Absolutely, you can file a case against the builder in RERA (Real Estate Regulatory Authority) even after the house/flat registration is done, if the builder has not yet provided the Occupancy Certificate (OC). The OC is a critical component of any real estate project, and its absence can have serious implications.

From personal experience, I can attest to the importance of the OC. Without it, insurance companies can deny any settlement in case of accidents or incidents within the building premises, such as fire or earthquake-related claims, both for life and general insurance. This leaves the homeowners vulnerable and without the necessary protection.

The RERA Act was introduced to protect the rights of homebuyers and ensure transparency in the real estate sector. Even after the registration of the property, the builder is legally bound to provide the OC within the stipulated time frame. Failure to do so is a violation of the RERA Act, and homebuyers have the right to file a case against the builder.

By filing a case with RERA, you can seek remedies such as compensation, refund, or even the cancellation of the registration. The RERA authority has the power to impose penalties on the builder and take necessary actions to safeguard the interests of the homebuyers.

It's crucial to understand that the OC is not just a formality but a crucial document that ensures the safety and legality of the property. Homebuyers should be vigilant and proactive in ensuring that the builder complies with all the necessary requirements, including the timely issuance of the OC. By taking legal action through RERA, you can hold the builder accountable and protect your investment.

Best Wishes,

Rajeev K. Jha, Advocate

Rajeev K. Jha, Advocate's answer: Dear Friend, Absolutely, you can file a case against the builder in RERA (Real Estate Regulatory Authority) even after the house/flat registration is done, if the builder has not yet provided the Occupancy Certificate (OC). The OC is a critical component of any ...

29/10/2024

What is your experience of using National Consumer helpline in India?
My experience with the National Consumer Helpline in India has been excellent. This service proved to be an invaluable resource when I faced a consumer dispute that seemed insurmountable at first.

I had purchased a high-end smartphone that developed serious issues within the first month of use. Despite multiple attempts to get it repaired under warranty, the manufacturer kept delaying the process and offering unsatisfactory solutions. Frustrated and unsure of my next steps, I decided to contact the National Consumer Helpline.

The process was surprisingly straightforward. I dialed 1800-11-4000 and was promptly connected to a knowledgeable representative. They patiently listened to my complaint, asked relevant questions, and provided clear guidance on how to proceed.

What impressed me most was the helpline's proactive approach. They not only advised me on my rights as a consumer but also initiated a formal complaint on my behalf. Within days, I received a call from the smartphone manufacturer, and this time, their approach was markedly different. They offered a prompt replacement for my faulty device, which resolved my issue entirely.

The National Consumer Helpline's intervention was crucial in turning my situation around. Their efficiency, expertise, and commitment to consumer rights were evident throughout the process. They empowered me with the right information and support, demonstrating that consumers in India have a powerful ally in resolving disputes with businesses.

This experience has made me a strong advocate for the National Consumer Helpline. It's a testament to the effectiveness of consumer protection measures in India and a resource that I believe every Indian consumer should be aware of and ready to use when needed. Whether you're dealing with faulty products, unfair practices, or any consumer-related issues, the National Consumer Helpline can be your first line of defense in asserting your rights and finding resolution.

Rajeev K. Jha, Advocate's answer: My experience with the National Consumer Helpline in India has been excellent. This service proved to be an invaluable resource when I faced a consumer dispute that seemed insurmountable at first. I had purchased a high-end smartphone that developed serious issu...