Tuesday, July 7, 2015

Old Blogs (Selected)

B/F for immediate Attention:
Aug '15

Test of marketability satisfies on being shown that product is capable of being sold and actual sale is irrelevant- SC


Cross refer- Old Blogs on Realty -  'Final Conveyance'


27 TH


AS TO SO TEMPTING AND  TEASING for the ONE, an enlightened one, -howsoever remotely that be,- at that, TO RUN OUT INTO THE STREET SHOUTING THROATILY - a 'mad mad world' ?


Attemptng to devote some thoughts on the aptness or otherwise of the following (albeit a repeat from an earlier Blog): -
A requotable quote>

A renowned Poet of  fester years , R Tagore felicitously observed, "Every child born into the world brings a message from God that He is not yet discouraged with man"
Imponderable >
Why then the misery, debauchery, hypo crazy, so on, in abundance, left to be sincerely challenged/ taken on, all around ?
Is it that man has irretrievably turned himself into a highly self-centered and unsocial creature of God, and in the result,  a never-dry fountainnhead of SIN?!

Could this have been a better world hath God mercifully willed to send every child into this world with a label of his 'date of expiry' ??!!

Inspiration from (/in reaction to), - a tail piece in Reader's Digest (Sep. '11 Issue)>
"Why do they bottle water from a four-million-year-old iceberg,then slap an expiry date on the bottle ? 

(>QUOTE, -not for a very far-fetched or an unrelated purpose)

<To digress for a while: THE NEWS 1. READS MORE LIKE AN INVITATION TO/ SOLICITING OR INCITING - more 'litigation' , which, of course, has already come to stay for ever as a fact of life/almost a second nature of anyone seeking to buy, or who has bought, a 'HOME' for 'home sake', not for sake of anything else e.g. peaceful living, so on...; is not one REALLY HEADING TO NOWHERE, EXCEPT TO a LAWYER (who has lately been overwhelmingly pleased to  call himself ,- 'litigating lawyer' (as opposed to / cutting at the very age old belief of / faith in-  a lawyer for a litigating client !!!! ....????  - If not understood, to try by reading,- 'litigaNT'S' lawyer, in place of, - 'litigaNT' lawyer.> 



Why I litigate
by Animesh Sharma | November 02, 2011 
Posted: 26 Nov 2011 04:32 AM PST
By Chhaya Dhuri
The Consumer Protection Act, 1986 (the CPA 1986) is a Central Govt. Act applicable in all states of India, to provide for the protection of the interests of consumers and settlement of consumers’ disputes. ” Jaago grahak Jaago” is one of the Logo to wake up the consumer to fight against their grievance.
Housing is covered under the term “service” in the CPA 1986. The services provided by the builder to the members are comes under the the CPA 1986. The members of the Co-operative Housing Societies always face lot of problems with respect to rendering any services such as allotment of house, possession of house, maintenance services in relation to housing complex etc are covered by the CPA 1986 and a member can approach the Consumer Forums for claiming compensation and damages against the housing society/builder for rendering deficient in services.
Builders and developers play vital role in redevelopment of housing societies. The real Estate sector has been growing at 25-30 per cent a year.
Housing society primarily being a cooperative society, the Society can provide housing loan to the members of the society. one of the Judgement of Supreme Court i.e. Secretary, Thirumurugan co-operative Agricultural Credit Society v/s. M.Lalitha, (2004) is applicable for the Co-Operative housing society for deficiency in servises retaining the title deeds.
The Maharashtra Ownership of Flats Act, 1963, protects buyers against malpractices in the sale and transfer of flats. It gives homebuyers the right to inspect the builder’s documents such as the specifications that he has obtained from the authorities.
The member has to check if any changes are being made by the builder to the specifications mentioned in the agreement and the allotment letter. You must also ask for a copy of the sanctions that the builder has taken from the authorities to carry out the alterations.
Various complaints made by member against builder
1. Builder avoid to form a society.
2. Delay in possession
3. Seepage issues
4. Deficiency in service
7. The builder forcibly vacate the tenants by giving them less than 1/3rd of prevailing market rates in the area.
8. Drinking water provision & motor pumping to over head tank
9. parking problem
10. Improper earthling & low quality of electrical wiring of flats are damaging our consumer electrical and electronic goods.
11. Four side boundary wall
12. Occupation Certificate not provided
13. The builder have provided us poor quality of lift with no generator backup which very often doe not work and risky for life.
14. There are improper eminities in many flats
15. Therre is no proper exterior to the building.
16. Ceiling Leakage causing bad odor and particles falling down. causing unhygienic condition and a threat to decease.
17.No fire safety system completed.
18.The problem is of Drainage/Gutter Line. The drainage line is not officially connected with the corporation line.
1. There are various causes for delays by Builder
1. Due to the reason of cosntructions by sub contractor,
2. Delay by Material Suppliers.
3. late government approvals,
4. getting the completion certificate after a long wait,
5. cement and steel procurement,
6. 50 to 60 per cent shortfall in unskilled manpower in the market.
7. Delay in getting local approvals
2. Most of the developers face project delays and that a lot of the delays are not in the developer’s control. The delays on account of various reasons do affect the overall budget of a developer, increases the construction and storage cost and hit the brand image and future of the company. And this is the reason to direct impact on construction Companies.
3. The customers always rely on top class developers who are sure of their deliveries. The well-known construction companies who are trying to get more advanced technology for construction to match their deliveries. However, the cost of adopting such technologies in India is still very high and many developers are not able to get benefit from it. Small developers, sometime having funding issues therefore suffers from delay in possession.
When Customer can knock the door of consumer forum?
A consumer, as defined in section 2(1)(d) of the Act, can file a complaint in the consumer forum against his grievance. The properties buyers are considered as a consumers and finally have got a voice and a forum to air their grievances. Using consumer courts, buyers have been able to get back their money with interest or have been financially compensated besides allotment of flats by the builders.
The customer before going to the consumer forum first negotiate with the builder and ask him to carry out the repair work or to pay compensation for the deficient services in case you dont get any action/response from builder then you may go to consumer court.
In case of delay of possession of flat, the builder is liable to refund the amount paid with interest (for the period of delay) as there has been a breach of contract, the builder would attract penalty under both Consumer Protection Act and the Maharashtra Ownership Flats Act.
In case false promise by the builder that he will give all the documents i.e original Floor plan etc. and fails to give customer should definitely go to consumer court and ask that the builder should stick to the original  floor plans which was promised at the time of sale.
If the builder used defective raw materials for the construction and because of this reason leakage problems started or any other problems facing regarding quality of material you can go to the consumer court by moving it within two years from the day you take possession.
Any aggrieved party can approach civil courts for execution of awards passed by Consumer Courts.
How to file a complaint?
Property buyer can present their own cases in consumer courts and do not need to engage a lawyer. The property buyer must file his complaint within two years of the dispute arising, after which it becomes outdated. A written complaint, can be filed before the District Consumer Forum for property value of up to Rupees twenty lakhs, State Commission for value up to Rupees one crore and the National Commission for value above Rupees one crore.
If there is delay in possession of the flat and the default on the part of the builder would attract penalty under both Consumer Protection Act and the Maharashtra Ownership Flats Act, 1963. The buyers must ensure that his agreement for purchase of flat includes the clause compensation from the builder for delay in possession.
A landmark judgment recently delivered by a State Commission has ensured redress for a harassed one couple. The State Commission found the builders guilty of ‘Deficiency in Service’. The Maharashtra State Consumer Disputes Redressal Commission directed the Builders to pay Rs 7.86 lakh as damages to the said couple and hand over possession of the flat they had bought in 2006.
According to a top minister in Consumer Affairs Ministry the government has just implemented the technology solution to enable the electronic filing of consumer complaints in the country to bring transparency and efficiency in delivering consumer justice.
Builder fined Rs. 20 Lakh for delay : Consumer Court
The Maharashtra State Consumer Commission Mumbai recently directed a developer to shell out Rs. 20 lakh at the rate of Rs. 2,000 a day for a delay in giving possession of a shop premises to a purchaser.
The order passed by a three-member bench comprising president S B Mhase, S R Khanzode and D Dhamatkar it was held that developer was delay to give possession and occupancy certificate to the tenant. The tenant claimed damages for the delay at Rs. 2,000 per day as stipulated in the agreement. The tenant also faced grievance that a water connection wasn’t given to him. He took up the matter with the Thane district consumer forum, which ordered the builder to pay him Rs. 20,000 as an additional compensation for the “mental agony and financial loss’’.
In one of the recent judgment Mrs. Veena Khanna of New Delhi Vs M/s. Ansal Properties and Adharshila Towers, New Delhi: Before National Consumer Disputes Redressal Commission, New Delhi:
Due to abnormal delay in handing over the possession of flat, the Complainant had demanded refund of the deposited amount with interest @ 18% which the Opposite party refused to pay. The State Commission, Delhi. directed the Opposite Party to refund the amount to the complainant with interest @ 13% p.a. from the date of deposit of the last installment till the date of payment of refund. In the alternative it also directed that if the Opposite Parties choose to handover the possession of the flat, the order of refund with interest will not come into operation. Complainant filed appeal the National Consumer Dispute Redressal Commission decided that the Complainant is required to be compensated for delay in construction of the flat and for not allotting the same to her.
Buyers can take recourse to Section 8 of the Maharashtra Ownership Flats Act, 1963, which makes a developer liable to refund the money obtained from a customer with 9 per cent interest if he is unable to justify non-completion of his project.
Judgement of consumer court for non registeration of flat by builder
In the matter of M/s Universal Developers & ors v/s Mr. Indra Saini
This appeal filed against the order passed by Additional District Consumer Disputes Redressal Forum, Pune the builder demanded extra amount to register the sale deed. The order passed against the Developer that, Appeal stands rejected with cost of `5000/-. Cost shall be deposited in Legal Aid Fund of State Commission within three months from the date of receipt of free copy of this order. If appellant fails to deposit said cost, the Registrar shall see that certificate u/sec.25(3) is issued for recovery of said amount.
In The secretary, South Western Railway House Building Cooperative Society vs K.Velayudhan, RP No 454 of 2011, decided on 24-2-2011, it was held that a builder cannot refuse to pay interest on the refund, if such a refund is being sought on account of deficient service rendered by the builder, or on account of an unfair trade practise perpetrated by him.
In one of the landmark judgment in the case of the Lucknow Development Authority vs MK Gupta (CA No 6237 of 1990 decided on 5-11-1993), the Supreme Court had made it clear: “When possession of property is not delivered within the stipulated period, the delay so caused is denial of service.” A consumer who is a victim of such delay is entitled to compensation.
What is the remedy available to the Buyer?
A buyer should check the developer’s credibility, past projects, performance and delivery record. He should also ensure that the project is funded by a known bank and has all the approvals. A buyer is entitled to ask for a copy of the project’s drawings, duly stamped by the municipal authorities.
Consumer Disputes Redressal Agencies :
These shall be established for the purposes of this Act, the following agencies namely: -
a Consumer Disputes Redressal Forum to be known as the “District Forum” established by the State Government with the prior approval of the Central Government in each district of the State by notification;
a Consumer Disputes Redressal Commission to be known as the “State Commission” established by the State Government with the prior approval of the Central Government in the State by notification; and a National Consumer Disputes Redressal Commission established by the Central Government by notification.

Posted: 26 Nov 2011 04:20 AM PST

From last several months residential property rates are going through the roof for several months, but according to the fresh reports at the end of the September was 30percent comparatively with the last year.
According to the NHB Residex, an RBI-supervised mechanism that tracks housing prices in approx 15 cities said that “Chennai central business district f\has witnessed of huge rise in prices due to the uptrend in housing demands.” Though in North Chennai there is fall in property prices in the following areas Tondiarpet, Perambur, Dr Radhakrishnan Nagar and Narayanappa Garden due to the slow progress in projects.
In spite of country is facing economic slowdown, rising interest rates and recession property rates in the region are going upward- Anna Nagar, Kilpauk, Nungambakkam, T Nagar and Adyar have been rising. In Nehru Nagar, Chepauk and Marina areas prices rise to 62% comparatively last June. As per the market experts, Chennai’s property will see the robust growth in the forthcoming quarters. However, property prices in the region have plunged to 9% in the 3rd Quarter comparatively to the quarter ended June.
Whereas several market watchers said
that, the demand for residential units in Chennai is likely to see a compounded annual growth rate of 11% during 2011-2015.


LookinG ArounD - Abnormality Galore ?

Look into any development trying to overtake/engulf, or cloud
/ totally eclipse  the rudimentary faculty of being 'rational' human living on this planet  is supposed to have been endowed with but largely conspicuous by its absence !



TOP STORY | Politics
The Internal Revenue Service may have given thousands of confidential ... more

The debt recovery system is as much of a problem as bad debts. The need to protect the value of assets is often overlooked

As a renowned thinker and humanist par excellence, of our own times, no less a person than 'nani'  remorsefully lamented:

Man has been defined as a rational animal. But you cannot live in India without being constantly reminded that this definition was given to man by man himself, in a characteristic moment of self-adulation.


A Case Study for Spinoffs


Confusion worse confounded, more than ever before ?

Causa Caucasans ought not be difficult to decipher, even if unintelligibly, or not readily perceived by naked eyes / plugged or unplugged ears - consider the goings-on in the REALTY sector:

"Corruption" is the most favorite, nay commonly favored topic easily  available to anyone to wag his tongue about, though not to be successfully chased out- WHY SO ?

Reasons galore-

Ill conceived Policies , badly structured (often not unwittingly or but mostly otherwise) legislation, last but not least  opinion of courts in matters litigated with no choice

15 % Service tax on deemed 'sale' or 'service'

Deemed Conveyance


SPL. LEGISLATION say for 'units' sale, GIVEN A GO BYE -

no more than '%'  collectible on agreement to sell; impliedly , balance  only on 'completion' ans sale

no CoC, no sale (anyway, no 'FINAL CONVEYANCE )

what ./ when 'completion'- messed up concept !

Local authority (e.g.  BMC  BBMP) not following, implementing and strictly enforcing its own bye-laws (plain mandates such as, on provision for 'car park' within the complex) 

Basic Charter being used as handmaid for....

View taken by Courts- e.g. Nahalchand (SC)

Why to go after money slashed abroad, in Swiss banks, or elsewhere- instead of simply scout around within the frontiers / the nation's  jurisdiction !


NOT REALIZED THAT, it is not the just the horse, but it has bolted away with the stable itself (uprooted) i.e. stock and barrel ?!

NB: As visualized long before,  -

Vertical expansion, conceived of a few decades, and recklessly being pursued, with sky as the eventual target in vision blinded, without an iota of thought for the shortcomings and perils that has in store, so much so with no regard  to the 'societal welfare' even remotely,  clearly demonstrates that man has yet to , - and it is going to be almost uncertain to happen, - fully evolve into a 'human' as the LORD OF NATURE probably believed to hasppen someday.

To recall instantly, and seeking solace in, what revered Poet Laurette ,  Rabindranath Tagore said:

A requotable quote>

"Every child born into the world brings a message from God that He is not yet discouraged with man"

Imponderable >

Why then the misery, debauchery, hypo crazy, so on, in abundance, left to be sincerely challenged/ taken on, all around ?
Is it that man has irretrievably turned himself into a highly self-centered and unsocial creature of God, and in the result,  a never-dry fountain head of SIN?!

Could this have been a better world hath God mercifully willed to send every child into this world with a label of his 'date of expiry' ??!!

Inspiration from (/in reaction to), 
- a tail piece in Reader's Digest (Sep. '11 Issue)>
"Why do they bottle water from a four-million-year-old iceberg !; then slap an expiry date on the bottle ? 

More HERE >


The explanation for our endless predicament is to be found in the basic fact that we are born of risen apes, not of fallen angels, or conflicts and crimes, our missiles and murders, should cause no surprise when we remember our predatory animal origin.

All of us belong to the same species of creation, - homo sapiens- , we are at different stages of evolution. some are closer to a brute from whom our species is believed to have evolved, and some to the sacramental beings who will emerge after aeons of existence the miracle of man is not how far he has sunk ,  but how magnificently he has risen- a very bold, upright self critical of we, the humans.
It is the aristocracy of caliber which must take to public life, however distasteful it may be, “the success of democracy depends upon an informed citizenry, not on the participation of every inmate in the asylum”


No comments:

Post a Comment

TAIL Piece:

SCENE of Action 
Venue :  Leading Lawyer’s Chamber
Walks in brisky  - A Richie Rich (RR)- powerful, wealthy, and towering  popular Realty player  in  the town, a longstanding  client
Lawyer  abruptly gets to bow in Japanese style, welcome
with  palms firmly folded in reverence : Aiye, Aiye, Baitiye Saab! Kaise ana pada !!
What a silly question

No comments:

Post a Comment