Buyers seek amendments to RERA Act
Owing to its recent judgments, the rollout of the Real Estate Regulatory Authority Act has received mixed reviews from homebuyers and real estate experts so far. The highest authority in the country to regulate real estate laws has heard hundreds of cases related to fraudulent activities, delayed possession, stalled projects, advertising without registration, disputes between promoters and so on.
While developers have been keeping a low profile since the roll out of RERA, there were some that could not get away with even minor defaults in the project. Since RERA has been adjudicating specific projects that have not received any occupancy certificates, homebuyers and experts have stated that there are many such projects which will easily escape RERA scanner.
Experts have pointed out that the RERA being the highest authority for real estate can never address issues of homebuyers whose buildings do not have occupancy certificate. Sanjay Chaturvedi, property lawyer, "The authority has undoubtedly brought strictness and discipline in the real estate sector. Developers these days are being extremely careful with their projects and are looking forward to resolve issues even before they reach as a complaint to the authority."
Zoheb Shaikh, a Chembur resident, says that the authority needs to enlarge their purview.
“Even though I will be buying a house in the near future which will fall under authority’s purview, there are hundreds of projects that have disputes. I personally know a project wherein the developer has troubled the buyers, however, the project has received the final certificates, the buyers cannot register a complaint on MahaRERA.”
Shaikh added that such authority should continue to exist in order to bring strictness in the sector. A senior RERA official told FPJ, “Instead of involving all projects in the city under RERA, we can entirely focus complaints of ongoing projects. Disputes and complaints regarding the rest of the projects are already continuing in other departments.”
Even consumer forums have stated that amendments are required in the act. Mumbai Grahak Panchayat, in its letter to the centre, stated, “We have come across some ongoing projects in Maharashtra wherein homebuyers have paid upto 80 per cent of the flat cost since the past four years and there is virtually no work on the site or very little progress. As the homebuyers were awaiting the registration of these projects under MahaRERA in order to seek justice, they have been now informed that these projects cannot be registered because the promoters have not obtained sanctioned building plans and commencement certificate from the competent authority as required.”
Real estate experts have repeatedly stated that sanctioned building plans and commencement certificates should not be a pre-condition for applying for registration of the ongoing real estate project since it will lead to keeping a large number of real estate projects to remain outside the purview of RERA.