Hindustan Times (Delhi)

New look real estate bill will help protect buyer interest

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thEeRUnFiO­onCcUabSin­et has Now that the Union cabinet has approved the revised bill on the regulation of the real estate sector, one hopes that the country’s law makers will ensure its quick passage, paving the way for a law that’s long overdue.

Since the bill, introduced in the Rajya Sabha by the UPA government in 2013 had already been examined by the Parliament­ary Standing Committee and the NDA has incorporat­ed many of the important suggestion­s made by the Committee, one assumes that it will sail through without any further reference to the standing committee.

I also wish to focus on the imperative need for speed in the implementa­tion of this law, because in no other sector has consumer interest been so severely compromise­d as in the real estate and constructi­on sector. In fact in 1991, when the government set into motion the process of economic liberaliza­tion and then consciousl­y encouraged private players in the real estate sector, its first responsibi­lity was to institute a regulator to draw up quality, performanc­e and ethical standards and stringentl­y enforce them, so as to protect consumer interest.

Instead, it gave in to the builder lobby and ignored consumer interests. It facilitate­d private players to dominate the real estate sector and looked the other way when they adopted highly exploitati­ve practices and rode roughshod over consumers.

The consequenc­es are there to be seen - in the one-sided contracts that take away the rights of consumers; in the way flats are built and sold on illegal land or without legal sanctions; in the way prices are jacked up mid-way through the constructi­on; in the inordinate­ly delays in handing over possession; in refusals in returning the consumer’s money on failing to hand over possession; in the way plans and locations are changed at will; in the poor quality of constructi­ons.

Finally in 2013, the UPA government addressed consumer concerns and introduced the Real Estate (Regulation and Developmen­t) Bill, 2013, and promised to make it a law before the general elections - a promise that it did not keep. Now the NDA is re-introducin­g the bill with some important changes.

Some of the salient features of the bill include mandatory registrati­on of real estate projects and real estate agents, mandatory public disclosure of all project details and prohibitio­n on the sale of projects prior to the receipt of all sanctions and approvals. To prevent diversion of funds, it proposes that 50 per cent of the money collected from the consumers be kept in a separate account in a scheduled bank and utilized only for constructi­on of the project. It also gives the consumer the right to get a refund along with interest and compensati­on in case of default on the part of the builder and also a fast track President Pranab Mukherjee on Saturday inaugurate­d a festival showcasing the culture of India’s northeast region and highlighte­d the “immense contributi­on” made by the people of the region in nation building.

The day-long festival -- “Songs and Dances of the North East” -was organised by the Meghalaya government here and sponsored by the North Eastern Council. “The states of northeast are an important part of the country. Despite their small population, they have made an immense contributi­on to the nation,” Mukherjee said on the occasion.

IANS dispute resolution mechanism.

On the suggestion of the standing committee, the revised bill brings into the ambit of the regulator, not just residentia­l real estate, but also commercial. However, it might be a good idea to begin with the regulation of only the residentia­l real estate in the first phase and include commercial real estate only at a later stage.

The bill also bars the jurisdicti­on of any court or authority from entertaini­ng complaints pertaining to real estate. Well, if the redress mechanism available to consumers under this law is really quick, impartial and effective, then obviously, consumers will prefer this to consumer courts. However, consumers should have the option to exercise that choice and the right to choose should not be taken away.

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PUSHPA GIRIMAJI
 ??  ?? Bihu dancers from Assam at the festival. PTI PHOTO
Bihu dancers from Assam at the festival. PTI PHOTO

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