NCPBA thanks  all the members who have joined together to fight for their flats which are not  completed as yet by Nitesh Estates Limited. As per the court order to publish the public notice , we have published the same notice in “Vijay Karnataka”  as below –
Our Submission of the consumer case was challenged on the grounds whether it qualifies to be entered under Class Action Law Suit under section 12(1) C of consumer protection act 1986 or not by Nitesh Estates Limited. The court has ordered in favor of the Nitesh Caesars Palace buyers and has also issued the order to issue a public notice in leading newspapers. We invite all the buyers in the Nitesh Caesars Palace project to be part of consumer case to ask for their rights and early completion of their flats.
Final_Nitesh court notice

If people who are left out of this 250  list , still wish to join the consumer case can contact us at  or to Mr.Vishwanath @ 9845008469 or to Mr.Rajesh – 9845274728.

NCPBA doesn’t wish to leave out any buyers stranded alone , fighting alone for their own flats with Nitesh Estates Limited.

If any questions or any difficulty , please feel free to call or mail us.
As per the court order , we would like to invite all other buyers from the project “NITESH CAESAR’S PALACE” to be part of the consumer case and ask for their rights.

Regards ,


Download News Paper Clip – “VIJAY KARNATAKA JUNE 10TH.2017”  & “DECCAN HERALD JUNE 17,2017


What is Partial Occupancy Certificate

What is a Partial Occupancy Certificate?
Partial Occupancy certificates are granted to large residential projects in part or for the part completion of the project or blocks of it. Once the specific phases of the projects are complete the local authorities like the BBMP or the BDA issues a Partial OC after due inspection of the completion of that phase. Eventually as the next phase also finishes being constructed another partial OC is issued. When the entire project is being completed the authorities issue an OC in replacement of the Partial OCs. In short the Partial OC allows the part occupancy of the project. The validity of the Partial OCs will be till the project construction is complete and the final OC is issued for the whole project. The provision of the partial OC is given as per the enactment as laid down in the bye laws of the Section 5.7 of the Bengaluru Building Bye-Laws 2003. The concept of the issuance of Partial Occupancy Certificate is not new but it is gaining more recognition as the construction of phased buildings are in to vogue more and more.
Pros and Cons of the Partial Occupancy Certificate
The Partial Occupancy Certificate can give  the developer a biggest financial advantage as before the completion of the whole project the possession of the few of the blocks can be delivered. With this one can apply for electricity, water and other connections.
But the disadvantages and the difference with an Partial Occupancy Certificate is that one can’t apply for home loans or neither can one apply for Khata Certificate as they can be issued against the OC only. In this respect the expert realtors caution the buyers that one has to see whether the occupier is given the Partial OC or the OC at the time of occupancy.

28th Feb NCP Buyers Unity

Unity is strength… when there is teamwork and collaboration, wonderful things can be achieved.

211Where there is unity there is always victory.


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 futureNeighbour. We are here not just for our common goal i.e. our Home, but also for the sake of better relationship among the Neighbours.


Next Registration-NCPBA -Buyer Registration

Date: March 5th ,2016  Time :11 am to NCP site.
Kindly come forward with your following documents  of each flat buyers:
1. Two Passport photographs
2. Address and 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 we as group are ready for managing online payments and managing online documents.
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 forums to stand united


Facebook Group:


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

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

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

groupClick here on Google logo to join NCP Group

Solution to “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.


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:

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

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

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