| Font Size |
These are some of the areas that lawyers and activists point out to potential buyers, saying they should be vigilant and not blindly sign on the dotted line like before. Even as property buyers in Pune are waking up to a new reality — that they may have been getting the short shrift from the builders for long.
Most builders mention only the built-up area in agreements; they make all customers cough up an extra Rs 1.5-2 lakh for stilt parking; many of them charge half the rate fixed for the flat for terrace garden and at least a few even charge 50 per cent for loft space; advance payment should be only 20 per cent of the sale price and that too has to be made only after a written agreement of sale and not on the basis of allotment letters.
“One area where the buyer is at the receiving end is the improper measurement of the flat he buys. Unlike in any other product, an apartment is one purchasable commodity where the buyer has to blindly believe what the builder says and has no recourse to validating it,” said a city realtor, not wishing to be quoted by name. This is over and above the fact that a 1,000-sq ft flat mentioned as saleable or built-up has only 700-750 sq ft as carpet area, he said.
“All these are in complete violation of the Maharashtra Ownership Flats Act 1963 (MOFA) and development control rules of the Pune Municipal Corporation,” said High Court advocate Yogesh Mehta. “Any violation is a penal offence where conviction can be imprisonment for a term extending up to one year.”
The MOFA Act 1963 also helps purchasers in cancelling an agreement if they do not get possession of the property in time. According to Section 8 of the Act, if the purchaser is not given possession as per the agreement, the purchaser can cancel the agreement and claim the money back at a nine per cent interest. “Most buyers do not know this clause and are made to wait,” Mehta said.
Promoters and Builders Association of Poona chairman Lalit Kumar Jain said all builders have to abide by the MOFA Act. “We have control on the 260 members of our association. If there is any violation we are willing to take it up. We have no control on the others,” he said.
RTI activist Vivek Velankar said most buyers are not aware of these rules and those who feel bold enough to point them out to builders are not entertained.
Discuss this story on expressindia forums
|
|
Almost all builders sell their flats as per built up area. Is it right to purchase flat as per built up area. Which section of MOFA gives this information. How can purchaser buy a flat as per carpet area
These builders have found ways to negate MFOA act by adding over ruling contrary clauses at the cost of buyers, in the pre designed agreements. Such as right to sale open places , modify plans , change layouts , cancel amenities , use of terrace etc. It is better that builders build the building at own and just rent the apartment ,instead selling.But the builders want to build empire state at the buyers cost and remain owners for ever and become maharajas of tomorrow.
The property registration charges at sub-registrar office is Rs. 1500/- however it is very casually charged Rs. 3000/- plus, receipt is provided only for Rs. 1500/- and no receipt for the extra chrges as those all goes to the oficial persons doing the agreement process. And there is no evidence of it is kept as this all is done by the person representing the builder(internally). Is there anything that can be done on this? the person purchasing the flat really do not have any control but to follow the same process.
i have booked one flat at kalyan nr thane already paid 20% last year builder is well-known he suppose to start first plinth work last august 09 but no progress till date he is going on launching new building in the same project till dt he has not called for agreement mine is third building what to do i requested him to change my flat from 1 bhk to 1 1/2 bhk that also he didn't replied what to do
Pls review the Snahtiniketan project of the HEAD of PBAP--- kumar builders and see for yourself the state of the consumers of that flat.. Delayed possession can be cancelled but at what rate? this is the point which makes consumers stick o the property even though they know they are being taken for a ride! I guess media should take up projects within the city and highlight the plight of consumers and force the bulders to act!