itatonline
Nov 29
Moneylife
http://foundation.moneylife.in/?th_galleries=how-to-get-deemed-conveyance-for-your-housing-society
< Need to Comment !
BS
cross refer>
BL
Taking on the goliaths
<
PREV.
Lci
Comp. Cert. FOR Service Tax
A Pragmatic Relaxation:
If so, and for a governmental purpose (i.e. service tax) , why not like relaxation for other less significant purposes. Further, what is the sanity or logic , and why insist for CC by municipal authority, which in any case has been reduced to a sheer empty formality / a farce, but continued to be insisted for conveyance regn', property tax, khata, and other purposes.
For ready reading (copied):
(To Edit/complete)
READ here>
<> In all such media reports, for or against, the goings-on in the notorious sector (or if you wish, call it an industry), in one's perspective, a very crucial aspect cutting at the root of it all is invariably ignored or deliberately bypassed. That has something to do with the reality that, one of the most important functionaries that is supposed to play a vital role, right from the inception of plan for a project to the stage of formal conveyance of the property to buyer(s) is the so called qualified 'architect'. As such, according to an indication given in some quarters, the architect's crucial role in the whole process of initial approval to final completion of a given project must be duly recognized and stressed . For that purpose, same way as in certain other fields, it might be worth considering and implementing, after due deliberation, the idea of a panel of truly competent and expert architects, and if approved, in active consultation and concurrence of the related apex regulatory body in control..
>>>>>
Perchance ever happened to have had a close look at what is the form and substance of so called OC being issued,- if at all so issued and anyone is so exceptionally lucky as to be the recipient and in possession of one such doct., considered essential. A related Info. , - sharing the fact that BBMP has long since ceased to issue a 'clean' OC; but instead, issue a 'conditional ' one* ; which, in a manner of speaking, has the effect of throwing back the (ball of) entire responsibility for 'compliance' to the promoter/builder , - may be found readily available in a comment posted quite sometime ago , on an article @citizen matters. To my recollection, comments have been similarly posted @praja.in.
READ comments
Nov 29
November 28th, 2014
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Moneylife
http://foundation.moneylife.in/?th_galleries=how-to-get-deemed-conveyance-for-your-housing-society
< Need to Comment !
BS
DLF gets tribunal nod to redeem MF investments
SAT allows realtor to do so for serving Rs 1,806-cr loans
cross refer>
"Completion Certifcate" new
http://praja.in/en/blog/m...
6 November .
BL
Taking on the goliaths
Impact: While the final order has not been passed, it has
increased the awareness of flat buyers about the unfair practices being
followed by many real estate companies. In fact, following the CCI order
against DLF, several other complaints have been filed — against other DLF
projects and also other builders — with similar observations being made by the
CCI in some of these cases.
As regards the flats buyers of the Belaire project, while the sale deeds are yet to be
executed given the ongoing litigation, they have got possession of the flats.
Moreover, the Belaire
Owners’ Association is all set to file a hefty compensation claim against
DLF, as provided for in the Competition Act, says Sanjay Bhasin,
President, Belaire Owners’ Association.
<> "As regards the flats buyers of the Belaire project,
while the sale deeds are yet to be executed given the ongoing litigation, they
have got possession of the flats."
This, as commonly known, is not a
solitary one, but happens to be just one of the series of instances of
'possession' without 'deed of conveyance', hence no ‘registration’. In short,
thanks to the persisting irregularities, galore of its kind, allowed to be
perpetuated with no scruples , with no thought given so far to any effective
'checks and balances', has come to be increasingly tolerated, nay bypassed, so
much so been solemnised as the order of the day.
POser: Is it not really an instance of illustration / demonstration of the common knowledge that, CCI, so also other regulators, are lacking in adequately powerful teeth to take an effective bite, to cut through such irregularities , ongoing for long, with no control or check. Or does it really have yet to cut the proverbial 'wisdom tooth'.
Union Budget 2014 Live | Business Line
Service tax is payable on flats allotted to the landowner ...
PREV.
Lci
Low quality construction and building construction violation - by senthil
Dear Sir/madam, I recently(1 year back) bought an flat in chennai. It has 3 blocks and 6 units in each block. recently i noticed wet damp patches appearing on the interior walls of my apartment unit. i approached the builder , but he is not responding. i see many cracks and wet damp patches are appearing due to that. I dont want to leave the cheaters like this. i want to file an case against the builder. Can you please tell me the procedure?. Does it need lots of documentation?. Can you please tell what sort of documentations are required?. Also he violated all the building regulations. we were asking him to get it regularised, but he is denying that. Please advice me how to proceed on this. Also do i need to engage lawyer for these purposes?
Comp. Cert. FOR Service Tax
A Pragmatic Relaxation:
MF(DR) ORDER NO. 1/2010, dt. 22-06-2010 - Service Tax
If so, and for a governmental purpose (i.e. service tax) , why not like relaxation for other less significant purposes. Further, what is the sanity or logic , and why insist for CC by municipal authority, which in any case has been reduced to a sheer empty formality / a farce, but continued to be insisted for conveyance regn', property tax, khata, and other purposes.
For ready reading (copied):
M.F.(D.R.) ORDER NO. 1/2010
G.S.R. (E).- In exercise of
the powers conferred by sub-section (1) of section 95 of the Finance Act, 1994
(32 of 1994) (hereinafter referred to as the Finance Act), the Central
Government, hereby makes the following Order, namely :-
1. (1) This Order may be called as the
Service Tax (Removal of Difficulty) Order, 2010.
(2) This Order shall come into force on the 1st day of July,
2010.
2.For the purposes of sub-clauses (zzq) and (zzzh) of clause (105)
of section 65 of the Finance Act, the expression ‘authority competent’
includes, besides any Government authority,-
(i)
architect registered with the
Council of Architecture constituted under the Architects Act, 1972( 20 of
1972); or
(ii) chartered engineer registered with the Institution of
Engineers (India); or
(iii) licensed surveyor of the respective local body of the city
or town or village or development or planning authority;
who is
authorised under any law for the time being in force, to issue a
completion certificate in respect of residential or commercial or
industrial complex, as a precondition
for its occupation.
The objective of the relaxation, certainly a welcome and pragmatic
measure; as it is sure to render the requirement of CC workable, and easy to implement and
enforce; also to follow in given real life situation. Can it, however, be taken
to be foolproof enough to achieve the underlying purpose is an altogether different matter.
Even so, under the special law applicable to ‘units ‘ of a building constructed and sold as such, an architect, let alone the others specified in ( i ) and (ii), is, as builder's 'agent'/ in his employment , entrusted with the primary duty and immediate responsibility to , hence is given authority to certify completion.
Even so, under the special law applicable to ‘units ‘ of a building constructed and sold as such, an architect, let alone the others specified in ( i ) and (ii), is, as builder's 'agent'/ in his employment , entrusted with the primary duty and immediate responsibility to , hence is given authority to certify completion.
(To Edit/complete)
READ here>
BMC babus' bribe rate card for builders: Rs 1,200 a square feet
Nauzer Bharucha | 6 hrs ago
xtract
<The new development control rules introduced two years ago
leave no scope for manipulation or illegality in building plans. So, engineers
intentionally delay sanctioning projects to pressure builders to pay up. Any
delay in starting a building project could cause severe loss to developers, who
procure loans at interest rates as high as 24%.>
<> In all such media reports, for or against, the goings-on in the notorious sector (or if you wish, call it an industry), in one's perspective, a very crucial aspect cutting at the root of it all is invariably ignored or deliberately bypassed. That has something to do with the reality that, one of the most important functionaries that is supposed to play a vital role, right from the inception of plan for a project to the stage of formal conveyance of the property to buyer(s) is the so called qualified 'architect'. As such, according to an indication given in some quarters, the architect's crucial role in the whole process of initial approval to final completion of a given project must be duly recognized and stressed . For that purpose, same way as in certain other fields, it might be worth considering and implementing, after due deliberation, the idea of a panel of truly competent and expert architects, and if approved, in active consultation and concurrence of the related apex regulatory body in control..
>>>>>
Perchance ever happened to have had a close look at what is the form and substance of so called OC being issued,- if at all so issued and anyone is so exceptionally lucky as to be the recipient and in possession of one such doct., considered essential. A related Info. , - sharing the fact that BBMP has long since ceased to issue a 'clean' OC; but instead, issue a 'conditional ' one* ; which, in a manner of speaking, has the effect of throwing back the (ball of) entire responsibility for 'compliance' to the promoter/builder , - may be found readily available in a comment posted quite sometime ago , on an article @citizen matters. To my recollection, comments have been similarly posted @praja.in.
After locating and going through that post, If you have anything to add, may do
so, for the common benefit of, and to be helpful to, the others.
*The specimen of a 'conditional CC ' issued by BBMP is on personal record (< My Docts.)
*The specimen of a 'conditional CC ' issued by BBMP is on personal record (< My Docts.)
· Be careful while buying an under-construction property ...
Occupancy Certificate? It is builder's responsibility! - Citizen ..
Occupancy Certificate? It is builder's responsibility! - Citizen ..
READ comments
In all such media reports, for or against, the
goings-on in the notorious sector (or if you wish, call it an industry), in
one's perspective one very crucial aspect cutting at the root of it all is
invariably ignored or deliberately bypassed. that has something to do with the
reality that, one of the most important functionaries that is supposed to play
a vital role, right from the inception of plan for a project to the stage of
formal conveyance of the property to buyer(s) is the so called qualified 'architect'.
As such, according to an indication given in some quarters, the architect's
crucial role in the whole process of initial approval to final completion of a
given project must be duly recognized and stressed . for that purpose, same way
as in certain other fields, it might be worth considering and implementing,
after due deliberation, the idea of a panel of truly competent and expert
architects, and if approved, in active consultation and concurrence of the
related apex regulatory body in control..
If insight-fully considered but from a different
and better angle: Going by common knowledge, the institution of 'architects'
has an important and vital role to play in the building sector. Strictly
speaking, an architect engaged for the purpose is expected , rather duty-
bound, to take the utmost care and ensure, even in preparing the building plan
for a client, that it is in conformity/compliance with all the rules and
regulations of the concerned local authorities, also vouchsafe and
‘certify’ to that effect. Do so also after satisfying himself
about the completion of the project to its last detail. Thus the full
responsibility and answer-ability expected of him run through right from the
stage of preparation of building plan to the final stage of his certification
of its due completion. Should these be adequately monitored and are ensured to
be safe-proof / foolproof, then the final approval by the empowered local
authorities, would become a matter of sheer formality, of a routine nature,
hence the formal process should take the least time. But then, the prevailing
field practice and reality are woefully different. For instance, while the law,
for example the special law on apartments, mandates architect's certification
of completion of construction as per approved plan as a precondition for
conveyance, by and large non-compliance is found to be the order of the day. In
this scenario, it might be worthwhile for the government/ministry to consider
and decide upon the desirability of such bodies as NREDC and CREDAI being
entrusted/saddled with powers to discipline their constituent members, whose
interests they keep advocating for and seek to protect . More effectively, the
ultimate responsibility and answer ability to the mis-adventure . -demeanour,
and - conduct could be shifted to vest with those in-house bodies, for securing
a better monitoring and supervision.
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