March 5th 2016 NCPBA -Buyer Registration


Welcome to Nitesh Caesars Palace Buyers Association NCPBA NOW Time to Register and Stand United to fight for our rights.200 buyers are supporting NCPBA  as a platform to collaborate and Stand United. Already 50+ buyers registered and more are coming forward for registration. Broad Objectives of NCPBA .

Venue: Nitesh Caesars Palace Kanakapura Road Bangalore 

Date: March 5 th ,2016  Time :10 am to 11 at NCP site.

Request all NCP buyers who have not registered with NCPBA to be @ NCP site by 10 am.

Required Mandatory documents for registration:

1. Two Passport photographs
2. Self Attested Address & ID proof..Aadhar Card
3. Driving License/Passport
4. Sale and construction Agreement xerox copy with NEL of each flat owner
5. Rs.1000 cash towards membership fee.

Note:Outstation Buyers registration drive will be later …when NCPBA is  ready for managing online payments and managing online documents.

NCPBA is made for the betterment of Flat Buyers. All members are on same platform. . There is no discrimination among the members. Every member is being treated as friend and as future Neighbour. NCPBA is here not just for our common goal i.e. our Home, but also for the sake of better relationship among the Neighbours. 

While unity lies in diversity and strength comes only in being united; so join hands and show your support by becoming your NCPBA Registered members.Buyers and flat owners must join the below online forums to stand united 

Join NCPBA and share your details one time only

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Solution to “Delay in Possession of Flat”


flat-possession-delay-in-possession-of-flat

Preventive Measures

1. Due Diligence:This is the first step that you should take even before you book the flat. You must conduct your own due diligence on the builder and the project. You should look at the track record of the builder and look at the average delivery time of his past projects. Then you should check whether the concerned project has received all approvals. See – documents to check before buying a flat.
When opting for a payment plan, always choose construction linked plan. In this way, you are creating an incentive for the builder to complete the project at the earliest. This will also ensure that you don’t block all your money upfront. You should always keep your options open.

2. Penalty Clause:Before handing over the booking amount cheque, you should ask for a copy of allotment letter and builder-buyer agreement. Check out the project delivery time and ensure that penalty clause is incorporated in the agreement. Generally, all reputed builders have a penalty clause in builder-buyer agreement stating Rs. 5-10 per square feet of penalty per month that the builder will pay from the promised project delivery date upto the actual handover date of the flat.

3. Form a Group

Once, you invest in a project, the next thing you would like to do is to get in touch with other buyers and investors of your project. A group has a much higher strength than an individual. In case of any delays,. These days, there are many online forums where you can meet your fellow buyers and investors.

Now Join Nitesh Caesars Palace Buyers Association(NCPBA)

4. Follow Up with Builder
Your job doesn’t get over with regular payments of your home installments. You should keep a track on construction activity. In case, you feel that the construction is getting delayed, you should meet with the builder as a group and understand the situation. A group can build more pressure and it is easier to fight for your cause as a group.

Legal Recourse

In case you feel that the builder is deliberately delaying the project, you may have to resort to take legal action. You can approach following forums for redressal:

1. Civil Court:If a builder commits breach of its obligations or is involved in unfair trade practices, you can approach a Civil Court for relief. For eg. some builders sell plots and flats even without owning the land, some use sub-standard construction material, some builders don’t apply for approvals deliberately causing delay in projects. Certain states have special provisions to handle delays by builders.  the builder is liable to refund the buyer’s money with interest if he is unable to justify delay in handing over possession of flats.

2. Consumer Forum:Consumer Protection Act, 1986, protects the rights of a consumer and provides remedies to a consumer against deficient services. A delay in handing over possession of flat is deficiency in rendering of promised service by the builder. You can file a case in the consumer dispute redressal commission at three levels – district, state and national level. District commission, established in each district, can handle cases where the value of the claim is less than Rs. 20 lakhs. The State commission of every state can handle cases where the value of claim is more than Rs. 20 lakhs but less than Rs. 1 Crore. The National commission has jurisdiction to handle claims of more than Rs. 1 Crore.

3. Competition Commission of India:The Competition Act, 2002 was enacted to prevent practices having adverse effect on competition, to prohibit use of dominance and to protect interests of consumers. A flat buyer can file a complaint against the unfair practices of the builder before the Competition Commission of India which has been empowered to investigate anti competitive practices and impose stringent penalties on the offenders. Penalties imposed by CCI against a builder act as deterrent to unfair trade practices in the real estate industry.

5. Criminal Court:Along with the consumer complaint in consumer forum, you can also file a criminal case against the builder under the provisions of Indian Penal Code, 1860 for breach of contract, cheating, not responding to grievance and delivery of poor quality construction. You can send a statutory notice to the builder. If the builder does not respond to the notice, file a police complaint and then file a criminal complaint before the Metropolitan Magistrate. You should mention all irregularities committed by the builder in your complaints.

Relief Options

It is better to take legal action as a group. If you file a case as a group, your legal costs will be shared and your case can be fast tracked.

Refunds can be claimed if the project is delayed beyond the stipulated time period as per the agreement. If the builder is in trouble and not in a position to deliver the project, the flat buyer can claim for the money required to purchase an alternative flat at the current market rate in the respective area.
If, however you are reasonably sure that the builder will hand over the possession of flat in a few months or years, you can claim the money you will be spending to pay rent during the delay period. Otherwise, you can claim interest on the payment made till date.

Conclusion

Today, builders are leaving no stones unturned in attracting the investors and end users into buying their properties. First, they will promise you moon and once they get all the money, they will stop responding to your queries. Most projects get delayed due to unfair practices by builders. There cannot be any justification against the delay caused by the builder once he has taken money and has promised to deliver the project in stipulated time.
As a consumer, we must know our rights and how to seek justice. First, you should take preventive measures to avoid delays in possession of flat. If however, preventive measures are not working out, you should not hesitate in taking legal action against the builder. After all, it is our hard earned money which is at stake.

Read more: http://assetyogi.com/flat-possession-delay/#ixzz404TgVYwI

Suggested Check List for the Handover -Nitesh Caesars Palace Buyers


Suggested Checklist from NCPBA… feel free to add and help the group

pic_article_Apartment-management-functions-prashant-kamat

  1. Decide whether you want to take handover before OC approval for your block or not and act accordingly.
  2. Make sure that the Maintenance Agreement corrections are in place before signing it.
  3. Calculate and deduct TDS for the full sale value from the final payment. Include delayed TDS payment penalty in the deduction, if applicable. Check with your CA
  4. During inspection, measure and record the actual Capet Area of the flat with a tape. Verify that the Carpet Area as a % of Super Built Up Area is within acceptable limits promised/agreed (usually Carpet Area should be >=75% of SBA)
  5. Service Tax and Vat Charges by Nitesh Estates Limited (NEL)
  6. Check everything thoroughly and record a jointly agreed and signed snags
    o Windows, Doors, Handles, Locks, Electrical Switches, Fan Regulators, Taps (working water), Flushes, Mosquito Nets, Cleaning, Water Seepage etc
    o Tiles – randomly check for any hollowness by knocking, any broken tiles?
    o Mosquito net – is it torn anywhere?
    o Lighting
    Lighting fixtures like holders are fixed
    § Check all lights & points (including geyser point) works correctly with DG power
    o Doors
    § Main door polish
    § Peek view glass fixing to the main door
    § Door stoppers
    o Kitchen slab quality
    o Hole cutting for kitchen fume exhaust pipe fixing
  7. Ask for necessary Certificates / Letters / Documents
    o Fire NOC copy
    o Completion Certificate of flat by BBMP / Architect / NEL
    o Completion Certificate of block by BBMP / Architect / NEL
    o Handing over certificate / declaration by NEL
    o Lift Safety NOC
    o OC Application for the block with latest status
    o Garbage collection plan in writing by NEL
    o STP working declaration by Nitesh Estates Limited
    o Make sure to get a soft copy of all engineering drawings / plans of your flat – Electrical, Plumbing etc. Will be needed for any subsequent repairs, later
    o No-encumbrance letter / certification / undertaking from NEL for your flat i.e. a letter guaranteeing that once registered, you will have full and final ownership on the flat irrespective of any other parallel commitments / liabilities of NEL with any other institutions or investors.
  8. Gas
    o Gas line plumbing till kitchen slab with meter
    o Gas line work ability
    o Gas bank
  9. Security allotment to block
    · Ensure that Car parking is allotted, numbered, accessible and well-lit
    · Collect and check all door / window keys
    · Make sure that you get a copy of ‘every’ document you sign during handover / registration

Do share your points if still some missing,lets together make a comprehensive list   350+Nitesh Caesars Palace Buyers.Comment and Email to NCPBA:ncpbassociation@gmail.com

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Living in a flat without occupancy certificate? You may lose power


Repo-rateBGALURU: Rajini Chengappa, 58, and husband Vivek, 65, bought a flat in Kodigehalli, off Hebbal, in 2012. They moved into the sixth-floor flat a year later.

The builder, Vivek says, had promised them an occupancy certificate (OC), but it has remained a promise. The Chengappas are not alone in their plight. Thousands of homeowners are facing a similar quandary. Nearly 10,000 buildings in Bengaluru, including 50% of apartments built after the Karnataka government introduced transfer of development rights (TDR) in the city in 2005, do not have OCs, say official sources.

In many cases, though the building plans are approved, OCs are denied due to other violations. Obtaining an OC is a requirement under the Karnataka Apartment Ownership Act, 1972. The law says one cannot legally move into a building unless the developer gets an occupancy certificate from the BBMP or BDA. The corporation can ask apartment owners to leave such illegally occupied flats or impose heavy penalties.
Replying to a question at the recent Belagavi assembly session, chief minister Siddaramaiah had said only 97 highrises in Bengaluru have obtained OCs between 2009 and 2014, while promising stern action against builders violating construction norms.
Energy minister DK Shiva Kumar echoed similar views and directed officials to get tough with apartment builders, by disconnecting power.
But it’s not as easy as it seems, considering the quantum of violations, nexus between civic officials and builders and a lack of stringent laws. Many errant builders and developers have, over the years, gone scot-free, say those familiar with the working of the sector.
There are several examples of builders disappearing without giving OCs and legal water connections to housing complexes. Apprehensive of losing their homes, buyers who’ve invested hard-earned money move into their flats and make do with water from pumps and water tankers.

Read ahead-Click Here