Saturday, 30 April 2016

Transfer of society share

The Supreme Court in Indrani Wahi vs. Registrar of Coop. Societies & Ors has held that that transfer of share or interest in a cooperative society, based on a nomination in favour of the nominee, is binding on the said society. Justices J.S. Khehar and C. Nagappan allowed the appeal filed by Indrani Wahi, and directed the society to transfer the share or interest of the society in her favour. Indrani Wahi had challenged the decisions of the Registrar of Cooperative Societies regarding non-approval of her membership in the Sarobar-View Co-operative Housing Society Limited on the ground that the nomination made by her late father of the petitioner was not in terms of Section 79 of the West Bengal Co-operative Societies Act, 1983 and Rule 127 of the West Bengal Co-operative Societies Rules, 1987. The Single Bench allowed the Writ petition holding that the provisions of the Act did not put any restriction on the major daughters while defining family by recognising and/or referring to their marital status. However, the Division Bench on Appeal preferred by her mother and brother, held that shares and interest can only be transferred by expressing consent of all the heirs.This order by the Division Bench was assailed before the Apex Court. The Bench referring to Usha Ranjan Bhattacharjee vs. Abinash Chandra Chakraborty a decision which was relied upon by the Division Bench of High Court, clarified “transfer of share or interest, based on a nomination under Section 79 in favour of the nominee, is with reference to the concerned Cooperative Society, and is binding on the said society. The Cooperative Society has no option whatsoever, except to transfer the membership in the name of the nominee, in consonance with Sections 79 and 80 of the 1983 Act (read with Rules 127 and 128 of the 1987 Rules). That, would have no relevance to the issue of title between the inheritors or successors to the property of the deceased.” Direct the society to transfer the share or interest of the society in favour of the appellant, the Court said that other members of the family is free to pursue his case of succession or inheritance.

Read more at:

If you like you can donate to our  NGO

Bank Details for donations .....

Akhil Bhartiya Grahak Panchayat
( Madhya Maharashtra)
Account no  014220100036658
Bank Janata Sahakari Bank
Branch Tilak Road Pune 411030
IFSC Code JSBP0000014

Wednesday, 27 April 2016

Real estate regulatory act 2016

The Real Estate (Regulation and Development ) Act, 2016  has been published by Govt of India through gazette (NO. 16 OF 2016) on 26th March 2016 Chaitra 6, 1938 (saka).   Now each State Govt. has to establish the Real Estate Regulatory Authority for regulation and promotion of the real estate sector and to ensure sale of plot, apartment or building,  sale of real estate project, in an efficient and transparent manner and to protect the interest of consumers in the real estate sector.

All the disputes will be redressed through "Real Estate Regulatory Authority(RERA)".  Every state Govt has to set up mechanism within one year. In the interim, either Central or State Government shall designate any other regulatory authority or any officer preferably the Secretary of the department dealing with Housing, as the Regulatory Authority.  Further Govt. shall establish the Real Estate Appellate Tribunal to hear appeals from the decisions, directions or orders of the RERA and the adjudicating officer and for matters connected therewith or incidental thereto.  

The  RERA consist of one chairman and two members . The Chairperson and Members shall hold office for a term not exceeding five Years.

RERA has to dispose complaints within 60 days and Appellate Tribunals will required to adjudicate cases in 60 days.  

Consumer has to pay fees as prescribed by the authority for making complaint.  RERA may make grading of projects on various parameters of development including grading of promoters;

It has been made mandatory for all commercial and residential real estate projects where the land is over 500 square metres, or eight apartments, to register with the RERA for launching a project. For on-going projects which have not received completion certificate will have to seek registration within 3 months.

Application for registration must be either approved or rejected by the RERA on its website within a period of 30 days from the date of application. Builder has to fill details such as its registered address, type of enterprise/companies (proprietorship/partnership), its affiliated Agents, Contractors, Architects, Structural Engineers and also brief detail of the projects launched by the promoter, in the past five years, whether already completed or being developed, including the current status of the projects, any delay in its completion, details of cases pending, details of type of land and payments pending etc.  

For failure to register, a penalty of up to 10 percent of the project cost or three years’ imprisonment may be imposed.

Builder has to upload an approved copy of commencement certificate, sanctioned plan, layout plan by local authority and specifications of the project, proposed facilities to be provided thereof , proforma of the allotment letter, agreement for sale and conveyance deed proposed to be signed with the allottees. Number, type and carpet area of   Apartments/Garages for sale in the project. All these declaration with supported by an affidavit has to be filled.

Even real estate Agents who facilitate selling or purchase of properties must take prior registration from RERA. Such Agents will be issued a single registration number for each State or Union Territory, which must be quoted by the Agent in every sale facilitated by him.  Builders will have to quote prices based on carpet area only and not super built-up area (carpet area means the net usable floor area of an apartment. This excludes the area covered by the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment) 

Projects for the purpose of renovation or repair or re-development which does not involve marketing, advertising, selling and new allotment of any apartment plot or building will not required to be registered in RERA.

Once consumer makes payment of 10% of total cost, agreement must be registered.

Promoter has to deposite70 per cent of the money in scheduled bank, escrow accounts and money be used only for that particular project. Promoter shall get his accounts audited within six months after the end of every financial year by a chartered accountant in practice.  Henceforth, both developers and consumers will have to pay the same rate of interest for delays on their respective parts. Liability of the developers for structural defects will now be five years from the date of handing over possession. Developers cannot make alterations or additions in the sanctioned plans and specifications of the building or the common areas without the consent of at least two-thirds of buyers.  The promoter shall not transfer or assign his majority rights and liabilities in respect of a real estate project to a third party without obtaining prior written consent from two-third allottees/consumers.  

No civil court shall have jurisdiction to entertain any suit in respect of any matter which the Authority is empowered by this Act. No injunction shall be granted by any court or other authority. 

If the promoter fails to comply then allottee shall be entitled to claim the refund of amount paid along with interest and compensation.

Where during an inquiry, the Authority is satisfied that an act in contravention of  this Act, or the rules and regulations made thereunder, has been committed and continues to be committed or that such act is about to be committed, the Authority may, by order, restrain any promoter, allottee or real estate agent from carrying on such act until the conclusion of such inquiry of until further orders, without giving notice to such party, where the Authority deems it necessary.

Promoter has to  deposit 30% of the penalty cost with appellate tribunal before filing an appeal. Appeal can be made within 60 days from the order of RERA

Consumer, Builder and Agents can be issued such directions from time to time in this act by RERA.  

Definition of common areas - Entire land of Project, stair cases, lifts, lobbies, fire escapes, common  entrances and exits of buildings, the common basements, terraces, parks, play areas, open parking areas and common storage spaces, the premises for the lodging of persons employed for the management of the property including accommodation for watch and ward staffs or community service personnel, All central services required for electricity, gas, water and sanitation, air-conditioning and incinerating, system for water conservation and renewable energy; water tanks, sumps, motors, fans, compressors, ducts etc., all community and commercial facilities as provided in the real estate project. Hence no promoter can sell parking (open or roof covered) and no amenity space can be sold. It all belongs to society/apartment.  

The registration of promoter can be cancelled if promoter makes default under this Act or the rules or the regulations made thereunder; violates any of the terms, involved in any kind of unfair practice or irregularities. Publication of any advertisement or prospectus whether in any newspaper or otherwise of services that are not intended to be offered; the RERA can freeze the account of promoter and can initiate completion of work as per sanction through Govt or through association of buyers.

Promoter bound to insure land and building of the project. The association/society of flat purchasers shall be formed within a period of three months of the majority of allottees having booked their plot or apartment or building. Conveyance deed shall be carried out by the promoter within three months from date of issue of occupancy certificate. Consumer has choice to withdraw the amount paid or continue if builder fails to complete the project. He will get intrest as mentioned in the agreement.  

The Appellate Tribunal shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908. The applicant or appellant may either appear in person or authorise one or more CA, CS, Advocate etc. Any person aggrieved by any decision/order of the Appellate Tribunal, may, file an appeal to the High Court, within a period of sixty days from the date of communication of the decision.

Fine upto 10% of total project cost can be imposed on Promoter. If any promoter does not comply with the orders issued he shall be punishable with imprisonment for a term which may extend up to three years or with fine extend up to 20% of estimated cost of project  or with both. Penalty for failure of decision / contravention by promoter then fine upto 10%, Agent – upto 5% and Consumer – upto 5% of cost of unit.

Any person whose complaint in respect of matters covered under sections is pending before the Consumer Disputes Redressal Forum / commission on or before commencement of this act he may, with the permission of such Forum/ Commission, withdraw the complaint pending before it and file an application before the

adjudicating officer under this Act.

The Act sets a firm foothold in the real estate sector and would be a foundation for many years to come.

CENTRAL ADVISORY COUNCIL - The Central Government may, by notification, establish a Council to be known as the Central Advisory Council under chairmanship of Minister dealing with housing. Apart from Govt member, the Central Advisory Council shall also consist of not more than ten members to represent the interests of real estate industry, consumers, real estate agents, construction labourers, non-governmental organisations and academic and research bodies in the real estate sector.

Now Maharashtra Govt must take step to establish Real Estate Regulatory Authority in the state and all the previous projects must be scanned by Govt.

For any queries and help related to Flat, Row House, bungalow,  plot , society pl contact Akhil Bhartiya Grahak Panchayat Pune
We offer free guidance

Vijay Sagar
Vilas Lele 09823132172
Seema Bhakre 9860368123
Srikant Joshi 09850059020

Dear Consumers if you liked this information and would like to donate our organisation as per your wish please donate.

Bank Details for donations .....

Akhil Bhartiya Grahak Panchayat
( Madhya Maharashtra)

Account no  014220100036658

Janata Sahakari Bank

Tilak Road Pune 411030

IFSC Code JSBP0000014

Sunday, 17 April 2016

Maple Pradhan Mantri Awas Yojna


1. Shri Narendra Modi ji
Prime Minister of India
South Block,
New Delhi 110011

2. Shri Devendra Fadnavis
Chief Minister of Maharashtra
Mantralaya Mumbai 400032

3. Shri Girish Bapat
Guardian Minister
Kasba Peth Pune 411030

Subject: Action against Misleading Advertisements by M/s Maple Group and extracting hudge amount from poor people's

Respected Sir,

M/S Maple Group having address city square, near agricultural collage, behind pride hotel, Shivajinagar Pune 411005 have given big advertisements in various news papers including Lokmat on 14 and 15 April 2016 stating that within 5 lakh you will get own flat under Pradhanmantri Awas Yojna and individuals will get special subsidy under this scheme. He has advertised complete pages in almost all leading news papers in maharashtra state and he has announced 11 locations around pune.

They have published forms and collecting Rs 1000 for inspection of documents Rs 145 for service charges. All these charges are non refundable. 

They have published photographs of Mr. Narendra Modi Prime minister, Mr Devendra Fadnavis, Chief Minister and Mr. Girish Bapat, Guardian Minister of Pune
They are collecting this amount through cheque, cash and bank.  The period of booking will be 14 April to 1 May 2016.
At least one lakh people will pay Rs 1145 per head. That means they will collect minimum Rs 11.45 crore.

We came to know from Govt of Maharashtra that they have not given permission for such advertisement for printing pictures of Prime minister,  chief minister and guardian minister. 

As per existing acts and laws no private builder or party is liable to inspect the documents for Pradhan Mantri Awas Yojna. Only govt offices will decide this fact but this builder has given misleading advertisements and extracting money.

He has neither mentioned size of flat nor all the detailes required under Maharashtra Flat Ownership Act 1963. Further he is collecting this money without any permission from State or central govt.

Due to big advertisement and also various articles in all the news papers common and poor man will be looted and further we have got the complaints from various earlier purchasers that M/s Maple and Jalan builders have collected huge amount under Apla Ghar Yojna from poor people's since last 3 to 4 years and have not given possession of the flats.

This builder is misleading the common and poor people's and extracting money from then hence we request you to intervene in this matter and take appropriate legal action against thus builder and ask him to refund all the amounts of poor people's.

Thanking you

Yours faithfully

For Akhil Bhartiya Grahak Panchayat Pune

Vijay Sagar 9422502315
Vilas Lele 09823132172
Seema Bhakre 9860368123

Dear Consumers if you liked this act then please donate 

Bank Details for donations .....

Akhil Bhartiya Grahak Panchayat ( Madhya Maharashtra)

Account no  014220100036658 

Bank  Janata Sahakari Bank 

Branch Tilak Road Pune 411030

IFSC Code JSBP0000014

Friday, 8 April 2016

Stamp duty

Stamp duty on loan amount between Rs 1 to 10 lakh will be Rs 50 and above that Rs. 100

Friday, 1 April 2016

Notice format .. no possession

Flat purchaser- Full Name
Full Address





M/s.Name and Address of  Construction Company (Properitery / Partnership Firm)


Office Address


Rep. Through its partners –


1. Mr./Mrs  ___________   

     Age-______ years, Occupation– Business,

     R/at- Residential Address


 2. Mr./Mrs  ___________   

     Age-______ years, Occupation– Business,

     R/at- Residential Address                          


Reference: Our earlier meetings, notice by Akhil Bhartiya Grahak Panchayat Pune and written communication.


Sub: Completion of work/provision of amenities as agreed to in Agreement to sale (Agreement Registration No-______/____).


Dear Sirs/Madam,


I am serving this notice to you for completion of incomplete work and for demand of payment of compensations as mentioned in this notice herein below.


I have booked flat No_________ in the building No.________ in your scheme called _____________, located on Sr. No _____, Hissa No.___________, (Location Address).  The agreement was registered and for that I have paid stamp duty and registration charges. The agreements was registered between Mr /Ms ______________ and_______________on _______________. In the said agreement date of possession was mentioned within ______ months i.e. ( mention date )  with all amenities promised in the agreement as well as in the advertisement and broacher duly completion certificate and occupation certificate from ________ Municipal corporation/PMRDA/Nagar palika


I am sorry to say that until today you have not handed over the possession of the flat after passing more than ________ months. In spite of our repeated reminder & meetings with you, you have failed to give flat or any compensation to me and other purchasers of the Scheme called “______________”.  


Please note as per agreement to sales (Refer Page ____ point _____) you charged us with interest of _____% on failure of payment. So same is applicable to you as you also failed to provide possession of flat on the promised date.


1. I have entered into a registered agreement to sale with you individually with Agreement Registration No. Number: ______/______. You have infringed this agreement. As the agreement is binding on you by virtue of Maharashtra Flat Owners Act, 1963, please note that you are liable to be prosecuted under the said act for infringement of Rule 3(2), Rule 5(1) Rule 11 & Rule 13 of the said Act.


I have complied with all the conditions of agreement to sale but you have failed to complete the work of the project within the stipulated time mentioned in agreement. Several meetings and written emails, notices were send to you. You are hereby called upon to complete the incomplete entire work of my flat as well as work of promised amenities and provide Completion Certificate from statutory authority, complete the formality of Society formation and registration, Conveyance deed in favor of society within 30 days of the receipt of this notice.


2. As per Maharashtra Flat Owners Act, 1963, section 3, clause "n", which mentions that flat, should be sold on the basis of carpet area only. You have not followed this and sold flat on saleable/builtup area. Hence you are requested to calculate area of flat on basis of carpet area and refund extra amount with 24% interest.


3. Faulty Demand Letter & Loan Amount Wrongly Claimed Charges:- As observed and intimated to you instead of asking payment as per the terms and conditions of agreement you have abstracted money in unethical way from my bank loan account by sending false demand letter. The banks also paid direct amount to you without my knowledge as per  demand letter. Hence you need to refund this extra amount which is roughly ______% of loan principal amount with 24% interest.


4. Stamp Duty & Registration Charges: - You are requested to refund Rs ____________ with 24% interest.


5. Services Tax Paid Charges: - You are requested to refund Rs ________ with 24% interest as collection of Service Tax is illegal.


6. VAT Paid Charges: - You are requested to refund Rs __________ with 24% interest as collection of VAT is illegal.


7. TDS Charges: - You are requested to refund 1% TDS deducted with 24% interest as flat is not handed over to me. Please refer to page ____, point _____ of agreement to sale.


8. Loss On Income Tax:- - As possession and completion certificate has not been given by you I am loosing income tax benefit. Hence you are requested to pay loss on income tax with 24% interest as flat is not handed over to me and I was unable to claim deductions on paid amount.


9. Refund of Society registration charges and Legal Charges: - for formation of society only Rs 800/- per head is enough as per the circular issued by Commissioner of Co-op and Akhil Bhartiya Grahak Panchayat Pune whereas you have collected Rs. ___000 which is very high. Please refer page ___, point ____ of agreement of sale. Hence you are requested to refund Rs. ____000 with 24% interest.


8. Development/infrastructure  Charges: - You have collected development/ infrastructure charges from us which is illegal as per Maharashtra Flat Ownership Act 1963, hence I request you to refund Rs. _____00,000 with 24% interest.


7. Refund of Electricity Meter Charges: - As per the agreement, I have paid an amount of Rs.____,000/- for the Electricity Meter & Other charges. Please refer page ____, point ____ of agreement of sale. For electric meter Rs. 10000/- is enough as per the circular issued by Maharashtra State Electricity Distribution Company Ltd. This is illegal hence you are requested to return Rs. _______,000 with 24% interest 


8. Late Possession Charges: - As per the Agreement to sale, it was binding on you to hand over the possession of the flat on or before __________  but you have failed to complete the work of the building and project. Since you have not handed over the possession, I have suffered financial loss. I have to pay heavy amount towards rent for the period you have delayed the handing over of the possession. Besides I am paying Pre-EMI interest on the loan raised through financial institution/Bank.  You are hereby liable to pay the house rent of Rs._____,000 per month & Pre-EMI interest amounts which I am paying and interest thereon.  As on today it is calculating to Rs.________/-.


9.  Mental Agony: - As per the Agreement to sale, it was binding on you to hand over the possession of the flat on or before _________ but you have failed to complete the work of the building and project. Furthermore it was observed you did repeated meetings with flat purchasers without intention of completion of work with fake promises and false information. Due to which I suffered severe stress and depression. Since you have not handed over the possession, I have suffered great mental agony. You are hereby liable to pay the Rs.5,00,000/- for mental agony & suffering.


9.  Refund of Loan on property and de-mortgaging of property:- You have raised loan from various banks like ____ Bank  & ________ Bank for the project ________  located on Sr. No ____, Hissa No. ______/Location address  and the entire property has been mortgaged to various Banks. You are hereby asked to repay the entire loan raised from above and any other Bank and get the property card & 7-12 extract cleared within 15 days. Failing which necessary charges and criminal complaints will be lodged against you and cost will be recovered from you.


In last I would like to put emphasis that if you fail to give possession within 30 days with all the amenities and completion certificate from corporation and also if you fail to pay above mentioned compensation and refund of amount as mentioned above then you will be prosecuted by virtue of Maharashtra Flat Owners Act, 1963 & The Real Estate (Regulation And Development) Bill, 2016.


Thanking you,

Yours faithfully,

(Name of purchaser)

Copy to President, Akhil Bhartiya Grahak Panchayat Pune

Dear Consumers for free guidance pl visit Akhil Bhartiya Grahak Panchayat Pune at 634, Sadashiv Peth,Gole comlex, above wani cloth shop, Kumthekar road, PUNE 411030.

on any Monday, Wednesday and Friday between 1800 hrs to 1930 hrs

Contact :
Vijay Sagar 9422502315
Vilas Lele 09823132172
Srikant Joshi 09850059020
Seema Bhakre 9860368123

Dear Consumers if you go to lawyer he may charge you between 2000 to 10000 rupees we have given it free.

But if anyone like to donate to our NGO then pl donate

Bank Details for donations .....

Akhil Bhartiya Grahak Panchayat
( Madhya Maharashtra)
Account no 014220100036658
Bank Janata Sahakari Bank
Branch Tilak Road Pune 411030
IFSC Code JSBP0000014