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

The pain before possession


ncp121Real estate developers evoke little confidence among home-buyers and it is not without reason. While, this year, a large number of them have been focussing on offering delivery of their existing projects to customers, rather than launching new projects, home buyers are facing a new issue. Several developers offering possession letters have given residents an unpleasant surprise with several demands for charges that were not disclosed earlier.Developers are demanding additional charges under various heads. While some are asking for money in the name of labour welfare charge, others are demanding huge amounts in the name of authority meters. There are other charges that are being demanded by most developers such as a one-year advance for maintenance of society, etc. In some cases, developers are cutting corners by leaving some key interior works for the customers to complete — like keeping the fire safety pipe network inside the flat exposed.
An industry expert said that creativity to cut costs is at its peak as developers are stressed on various accounts. While developers have witnessed their project costs escalate because of delays in execution and completion, it has also resulted in a rise in their overhead expenses on account of inflation.

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What can a customer do?
Industry insiders feel that in the absence of a sectoral regulator, this is something that no one can control and home buyers need to be more aware and vigilant at the time of buying the house and look for the charges being disclosed by the developers. Singh said, “Homebuyers need to be more vigilant at the time of buying the house and they should ask the developer upfront to list all the charges and agree to pay only those charges. This is one way where homebuyers can safeguard their interest.” Experts say that since most of these charges are imposed at the time of possession, there is hardly anything that a customer can do about it. “A customer looking for possession of his flat that has already been delayed accepts to pay these charges,” said a real estate consultant with a leading property portal. Katiyar said that only a regulator can set the norms about the charges that developers can impose and a delay in entry of a regulator will only see a rise of such instances.
Rude awakening
* Rs 2,00,000: Approx. additional charges at the time of possession which are not disclosed upfront
* Most developers across Delhi-NCR have imposed an advance maintenance fee for the next one to two years and legal consulting fee amounting to around Rs 20,000
* There are also water charges amounting to around Rs 20,000 and PNG connection charges
* A developer on the Greater Noida Expressway is demanding authority meter charge amounting to Rs 70,000 from customers for 7 KVA power back up at the rate of Rs 10,000 per KVA — a rate which industry experts say is exorbitant –
See more at: http://indianexpress.com/article/business/business-others/undisclosed-charges-the-pain-before-possession/#sthash.6ryGdbyB.dpuf

NCP Guidance Value as per BBMP


Guidance Value for Nitesh Caesar palace Apartment Registration

Guidance Value – JP Nagar

Guidance Value for Nitesh Caesar palace as on 31.01.2016 is Rs.4140/sq feet

Why…Dealy …When…Possession


20160130_131104Remedies Available for Buyers to Deal with Delay in Possession

Here are some remedies available to homebuyers for dealing with delay in possession:

1. Ask for Refund- A homebuyer can ask for a refund from his builder when there are excessive delays in completion of a housing project. As the buyer, you have the entitlement to ask for a refund from your builder.

2.File Case in Consumer Dispute Redressal Commission -If a property is being purchased by you exclusively for your personal use, you can even file a case in one of the 3 levels of the Consumer Dispute Redressal Commission based on the value of the property purchased. If the dispute occurs for a property whose value is more than 1 crore, then the case has to be filed in the National Commission located in New Delhi. For properties whose values are over 20 lakhs, the dispute needs to be resolved in front of the State Commission while for disputes related to properties below 20 lakhs, the case has to be filed in the district commission.

3.Special Provisions in Select States in India- Some states in our country enjoy special provisions for the benefit of their consumers. Maharashtra, for instance, has a provision whereby a remedy is available to you through the Section 8 of Maharashtra Ownership Flat Act of 1963. The section specifies that if a builder is not able to give proper justifications for the delay in possession or non-completion of the project, he’ll have to refund the amount, with interest, to the buyer.

4.Additional Provision- The ‘Domestic Building Contracts Act’ of 1995 lays down that the builder has to provide the following warranties:

(a) The builder should complete all the work on time.

(b) All construction work should be carried out as per the specifications and plans that have been specified in the contract.

(c) The builder should use and supply high-quality materials.

(d) The builder would endeavor to do the work with reasonable skill and care as per the legal process.

(e) The home should be apt for occupation when the work gets completed as per the builder.

5.Serve Legal Notice- Before taking any type of action against the builder, it is recommended that you serve them a legal notice and give them an opportunity to respond. The builder might take corrective actions to get the problems resolved, thus saving your valuable time and costs that are usually associated with visiting the court.

Buyers set for legal action over delays at Emaar’s Indian project

Frustrated property buyers in an Emaar-MGF development in the Indian city of Gurgaon are stepping up their action against the developers with a case set to be lodged in the consumer court.

frustrated with the ongoing delays, a group of 90 buyers, have formed a group to collectively get solid information as to when the properties will be delivered and to try and get adequate compensation.

They will take their case to the consumer court, where Metha said they hope to have their claim dealt with efficiently.“They take up a case pretty fast by Indian standards. Within three months you will get the first hearing and within 45 days the respondent has top respond,” Read Ahead

More news: Why is no one thinking about us, ask homebuyers

NCP-30 Jan Meeting Updates


30 Jan Meeting with NEL – Topic where #‎NiteshEstates  Need to revert back by 15 Feb 2016

  1. Revised Plan / Dates for Project completion and handover – Full, Final and Binding
  2. Project completion delay – Formal Communication, Penalty
  3. Occupancy Certificate (OC) – Partial OC by block as needed by law
  4. Power – BESCOM and Generator
  5. Maintenance Agreement – Maintenance Charges –Contatct review
  6. Water – Bore Well, Tankers, Cauvery water, Rainwater Harvesting, Solar Heating, STP, WTP

IMG-20160130-WA0015  ncp3433

IMG-20160130-WA0017IMG-20160130-WA0016

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Kindly share  by email, facebook more pictures and videos to stand united for delayed deliveries and unfulfillment on promises.

Email:ncpbassociation@gmail.com

Blog: https://ncpbassociation.wordpress.com

Facebook Group: https://www.facebook.com/groups/493665760779280/

Google Group:nitesh-caesars-palace-flat-owners@googlegroups.com 

 Join the association and share your flat details once only-Click Here

Meeting Invite 10 am. 30 Jan-NCP Buyers Association


Thanks for the overwhelming response and active participation in the initiative towards forming the “Nitesh Caesars Place Buyers Association” (NCPBA).
Buyers Voted for Association: 110+( till 29 jan 2016)
Meeting Time & Venue: 10:00 AM on 30th Jan 2016, at NCP Site
buyersassociation
All Buyers those in/around Bangalore are requested to please participate and contribute positively.NCPBA will be a formal united platform to be registered under Societies Act. NCPBAs overarching objective will be to “Protect the Rights of the NCP Buyers” by working collectively, constructively towards under legal consultation,
  • Two-way productive and regular communication with the builder.
  • Networking and adding more buyers to NCP BA
  • Final confirmation of dates for flats delivery -Expediting the completion and handover of flats
  • Delayed delivery compensation and penalty, which is legitimately due from NEL to NCP buyers
  • Time bound obtaining of Occupancy Certificate for NCP by NEL
  • Follow up on Completion of all promised amenities and facilities beyond individual apartments / blocks.
Agenda for the NCPBA meeting at 10:00 AM

Articulate the Objectives of NCPBA

Nomination of Office Bearers

Next Steps for NCPBA

Contributions are requested from Rs. 1000.00 per apartment (Cash) as member ship fees for NCPBA .The fund collected will be deposited in NCPBA Bank Account and utilized for expenses like Society Registration charges, Lawyer Consultation fees etc with fully transparent reporting of every expense.

“United we Stand” -NCP BA TeamBLOG

 Join the association and share your details one time only-Click Here

Facebook Group: https://www.facebook.com/groups/493665760779280/ fb

Click here on facebook logo to join NCP Buyers closed facebook group

Google Group:nitesh-caesars-palace-flat-owners@googlegroups.com 

Blog: https://ncpbassociation.wordpress.com

Email:ncpbassociation@gmail.com

Sound Agreement Between Buyer & Builder


Nitesh Caesars Palace Sales Agreement :As per section 5.1, we all have agreed for maintenance by builder or maintenance company of builders choice, for a period of ‘5 years’ from the date of completion of the respective block:Now Nitesh Estate is trying to revise it to 10 Years. What you Say ?

Currently NEL is proposing 10 year maintenance by NPMPL with following provisions / clauses (some of which are seriously one sided as you all can judge for yourselves):

  • Rate of Rs. 3.5 per sqft per month
  • Minimum and mandatory upward revision of 5% every year
  • Any increase in input cost can be applied retrospectively (not clear whether it is in addition to the 5% mandatory increase or not)
  • Tanker water is additional cost
  • Diesel for generator is additional cost
  • Disposal of extra sewage generated is extra cost
  • Insurance is extra cost
  • The agreement is “binding to the buyer even after the Owners association is formed”
  • The agreement of 10 years “cannot be canceled” under any circumstances
  • The definition of 10 year is not fully clear – in one place it says 10 year from the date of handover and at another place 10 year from the date of Owners Association formation
  • NPMPL has the first right of refusal during renewal of maintenance agreement after 10 years
  • NPMPL can assign full or part of maintenance work to any person/entity at its own discretion (without consulting or agreement with the owners or owners association)
  • NPMPL has the final authority to decide when to use Corpus Fund towards any Capital expenditure

signLet’s take a look at 5 such points you need to remember and the measures you can take against them.

Point 1: Actual price of the house

The agreement you enter into with the builder details the various costs that you will need to bear for buying the house. This would include the cost for utilities like electricity and water, parking space, various taxes and in some cases even the registration charges.

However, the builder may then levy some extra charges for any of these.

Measures to take

Check the agreement very carefully for all the charges applicable.If possible, get the agreement checked by a lawyer for any missing or hidden charges and get the anomalies (if any) rectified by the builder.
If the extra charges are for alterations made to the original plan, ask the builder for the sanction letter provided by government authorities for such alterations.

Point 2: Actual size of the house

The agreement would clearly mention the size of the house you are purchasing. However, there is a clause which states ‘.the plans, designs, and specifications are tentative and the developer reserves the right to make variations and modifications.Therefore, you may agree for a certain size, but the builder can give a different size.

Measures to take

Before freezing on your choice of a builder, do some research about the builder’s past projects.
If possible, talk with other buyers who already have got possession about problems faced by them
Try and include a clause in the agreement stating the minimum and maximum size beyond which the builder cannot increase or decrease.
Point 3: Carpet area

The area of an apartment or building, not inclusive of the area of the walls is known as carpet area. This is the area in which literally a ‘carpet’ can be laid.When the area of the walls including the balcony is calculated along with the carpet area, it is known as built-up area. The built-up area along with the area under common spaces like lobby, lifts, stairs, garden and swimming pool is called super built-up area.

The carpet area can be 15-30 per cent less than the super built-up area. However, you will not come to know the exact size until the flat’ss construction has been completed.

Measures to take

Purchase the property based on the carpet area of the flat.
Ensure that this area is mentioned in the agreement.
Try to get a clause included which will ensure that the contract can be terminated if the builder provides a house with the carpet area less than what is mentioned in the contract.

Point 4: Date of possession

The agreement normally mentions a tentative date of possession. However, there have been instances where builders have delayed possession by more than a year.

Measure to take

Check the progress of the construction personally.
If the progress is slow and would not meet the date of possession in a timely manner, build pressure on the builder.
Forming a society with other buyers sometimes helps a lot in getting things to speed up at the builders end.

Point 5: Completion certificate

On handing over the house to you, the builder needs to also give a Completion certificate. a completion certificate is issued by municipal authorities which establishes that the building complies with the approved plan.You would need this certificate for registration of your house and other government formalities.

Measures to take

If the agreement does not mention the certificate, ensure that the agreement has a clause which states that the builder will provide the certificate while handling over the house to you.
If the builder delays a lot, forming a society with other buyers sometimes helps a lot.
Other than these five points there more points such as the quality of the construction, management of the society, For this you can try to add clauses to the agreement or form a society to get the builder to meet your demands. Since there is no industry regulator you can turn to for the redressal of issues, it is important that you are aware of what you want and what you are getting.

Download : Buyers’ Agreement – Regal Gardens – DLF

Article Source:http://www.rediff.com/money/2009/jun/19perfin-read-this-before-signing-agreement-with-builder.htm

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