The Brave Pedestrian

You can make out a convincing case in court for demanding refund of the entire amount that you may have paid to the builder, without forfeiting 10% token amount allowed by RERA Act. ISSUED IN PUBLIC INTEREST BY Krishnaraj Rao 9821588114 and 8169471229 Mumbai

  The registered agreement format of Wadhwa Wise City, Panvel, is visibly opposed to the rights and protections given by RERA Act to the flat-buyer. The clauses of the agreement try to take away the protection and inalienable rights of flat-buyers, which are assured by Section 12 and 14 of the Real Estate Regulatory Act. Download Wadhwa Agreement format: http://bit.ly/Wadhwa-Wise-City-Agreement Download RERA sections 12 and 14: http://bit.ly/RERA-Section-12-14 Under such circumstances, is it wise for you to sign the agreement of Wadhwa Wise City, and indeed, any other Integrated Township Project (ITP) such as Lodha Palava City and Lodha Upper Thane? ISSUED IN PUBLIC INTEREST BY Krishnaraj Rao 9821588114 and 8169471229 Krish.kkphoto@gmail.com

Mumbai, 28th June, 2018: Two months ago, MahaRERA passed an order favouring flat-buyers of Bhagtani Executive, now known as Ashok Odyssey, Ghatkopar . The order by Gautam Chatterjee said, "...parties are directed to execute the agreement for sale... within 45 days from the date of this Order. While executing the agreement for sale, Respondent should adjust the amounts paid by the Complainant to its net present value taking into account the time value of money paid by the Complainant in the year 2015."  Click here to read the RERA Order dated 26th April, 2018 .  This order is strictly applicable to only the complainant, namely Christina Contractor. However, this order is a huge step for all those flat-buyers who paid lakhs of rupees to Bhagtani builders for booking a flat in Executive, only to find that it was later renamed as Ashok Odyssey and taken over by Sanyam Realtors. Sanyam Realtors are basically Bhagtani's former partners "RJ Group".  The tran...

Below is the rebuttal of Sanyam Realtors to this article .  From: Akshay Jain <akshay.jain@rjgroup.in> Date: Thu, Jun 28, 2018 at 3:07 PM Subject: Re: Attn Mr Akshay & Rakesh Jain: Your rebuttal is solicited to attached article To: Krishnaraj Rao <krish.kkphoto@gmail.com> Cc: RJ Group Info <info@rjgroup.in>, Rakesh Jain <group_rj@hotmail.com> Dear Mr. Krishnaraj Rao, We have gone through your draft article in your email dated 26th June 2018, which basically comprises of first two paragraphs of background and information about the ‘self explanatory’ order dated 26th April 2018; followed by 3 pointers of your own interpretation of the order and its discussed significance according to you; followed by two paragraphs of words and jargons to sensationalize and popularize your blog. Accordingly, on your assurance of appending our response in verbatim, we state as under: Reg. first two paragraphs:- Time and again you refer us as partner of Bha...

Mumbai, 6th June, 2018: Recent orders of RERA and its appellate tribunal give a ray of hope to flat-buyers of Neral Viviana and Nano City projects duped with false promises of possession in December 2015. These orders may help aggrieved buyers to seek refund with interest and compensation. However, Nirman's delay in payment may also be the first signs of impending financial failure. Nirman's efforts to avoid refunding about Rs 18 lakhs to schoolteacher Suvarna Deokule backfired. Suvarna, a divorced mother bringing up her two children, argued her own case and got three consecutive favourable orders: 1) On 28th February, 2018, RERA member BD Kapadnis directed Nirman to refund her with 10.05% interest. Read the 1st MahaRERA order . 2) As Nirman did not comply, o n 4th May, 2018, Kapadnis directed District Collector, Raigarh, to collect Suvarna's dues as arrears of land revenue. The order named the Nirman directors Kunda Suryakant Parab, Rajendra Madhukar Sawa...

Mumbai, 30th May 2018: Investors who booked a 1BHK flat in Viviana project of Nirman Realtors & Developers Ltd (NRDL) should go back and verify that it is actually a 1BHK. The fear is that it will probably be just a 1RK i.e. one-room-kitchen apartment, because, out of five blocks of Nirman Viviana, the first four blocks have only 1RK flats. Only Block 5 has 42 flats in 1BHK configuration. There is ample proof to suggest that Nirman has deliberately created the false impression in the minds of its flat-buyers that their flat is a 1 BHK. RERA website shows that Nirman intends to deliver one-room-kitchen flats to all flat-buyers in Viviana Block 1 to 4. It is therefore amazing that Nirman Viviana ( and Nano City ) were continually advertised as 1 BHK projects during the past 2-3 years at least. One ad claimed that Viviana was "1BHK flats only": This advertisement has been falsely claiming for years that the entire Nirman Viviana project has "1 BHK flats ...

Mumbai, 26th May, 2018: If you think you purchased a 1BHK apartment in Nirman builder's Nano City -- also called "Nano Futuro" -- then this is a wake-up call for you, because your flat is a 1RK at best and a single-room studio apartment at worst. Your Nano City flat simply cannot have a one bedroom-hall-kitchen layout. All three blocks of Nano City project constructed by Nirman Realtors & Developers Ltd (NRDL) only has 1RK and studio apartments (one-room flats) as per MahaRERA page of Nano City. But, for many years, Nirman and its estate agency arm Propbest have been falsely advertizing 1BHK flats in Nano City/ Nano Futuro. Examples of such ads are readily available on the Facebook page of Nirman Realtors and Developers . NRDL's Facebook page shows f alse advertisement of 1BHK flats in Nano Futuro, Neral (along with Green Acres, Malad). False advertisement of 1BHK flats in Nano Futuro (along with Sai Nirman) False advertis...

Mumbai, 22 May, 2018: Those who have purchased flats from Nirman Realtors & Developers Pvt Ltd (NRDL) should become alert after seeing the builder's blatant defiance of RERA orders, and their tricks to avoid repaying a home-buyer Rs 18 lakhs plus interest. The case of home-buyer Suvarna Deokule, who is a teacher singlehandedly raising her two children, speaks for itself. Suvarna bought a flat for herself and her two children in Nirman Viviana, Neral, and paid close to Rs 18 lakhs in various installments in 2015, because she was informed that she would get possession before 15th December 2015. However, as possession was not given until 2018, Suvarna filed a complaint before RERA, seeking to withdraw from the project. Suvarna Deokule with her two children. Rajendra Sawant of Nirman Group filed an affidavit-in-reply, pleading that the delay in possession was due to ban on sand mining, etc. On 28th February, 2018, BD Kapadnis gave a clear order in Suvarna's favour,...

Below is the emailed rejoinder (and subsequent exchange of correspondence) relating to this article about Nirman Realtor's non-compliance of RERA orders on Viviana project, Neral. Dear Mr. Krishna Rao, It appears that either you have received incomplete information or you have distorted the facts relating to the issue involved in the matter. Some relevant facts relating to the case are as under:- The Complainant, Suverna Deokule approached the RERA authority with false and misleading statements on oath inter-alia that in the Agreement for Sale dated 7th May 2015, the Respondent has mentioned the composition of the subject flat as 1 BHK instead of 1RK. Answer:-The Complainant suppressed that firstly in the agreement no where it is mentioned that flat agreed to sale to the complainant is 1 BHK as falsely alleged. Secondly, in the Agreement for Sale, the Nirman has annexed floor plan of the building Block No.3 at Annexure F therein clearly showing that the flat...

Mumbai, 27 April, 2018: Here is a live example of how Lodha Group traps unwary flat-purchasers by imposing unfair terms and conditions. Kavita Shinde booked flat no. A401 in Casa Treetop in Lodha Upper Thane, located on Mumbai-Nashik Highway, and has been receiving extortionate demand letters to pay late-fees for a delay in payment, although she had not delayed any payment.  Kavita booked her flat on 11th May, 2017 by paying Rs 90,000/-, and followed this up by paying Rs 3.17 lakhs on 5th June, 2017. As per the application form, the next "milestone" was executing the registered agreement. The third installment could become payable only after the registration. Example of  Lodha Group's payment schedule, mentioned in the Application Form. Quite often, these schedules mention strict deadlines such as 45 days between consecutive payments. Lodha Group delayed the registration until November. And then, just as Kavita was preparing to pay her next installment...

Mumbai, 17th April 2018: Many significant developments are happening in the case of Bhagtani Horizon in Goregaon, which shows that (1) Mukesh and Lakshman Bhagtani are continuing to play an active role through RERA and courts although they are absconding from Indian law-enforcement agencies and courts (2) they are organizing their allottees through WhatsApp groups (3) they are registering Agreements of Sale where it suits them, and (4) RERA recently passed an order upholding the right of Bhagtani allottees to enter into registered agreements , and directing Bhagtani to do so. Bhagtani Horizon's 8-storey frame. Construction stopped in June 2016. These developments should be studied by other Bhagtani projects, especially the RERA-registered ones like Serenity and Krishaang, as they have implications for them also.   NOTE: There are discrepancies between what the RERA website shows and what the ground realities are. The RERA website shows only 27 flats, whereas Ja...