Realty Blogs

  It is crucial to make the right move with the correct knowledge and technique to avoid unnecessary delays in court matters, whether civil or criminal. Choosing the correct jurisdiction based on your case is paramount, whether it involves a Civil Court, Criminal Court, Consumer Court, RERA Authority, or any judicial or quasi-judicial authority. The Real Estate (Regulation and Development) Act, 2016 (RERA) plays a vital role in protecting consumer rights and interests. It provides remedies for delayed possession, structural defects, misleading advertisements, false statements, and more. The RERA Act is essentially an extension of the Consumer Protection Act. Concurrent Jurisdiction/Remedy It is important to understand that aggrieved parties cannot seek concurrent remedies for breaches of terms and conditions of contracts or agreements to sell between purchasers and developers or builders. In layman’s terms, concurrent means seeking relief at the same time from two different authorities or courts for the same grievance, such as filing a complaint before the RERA Authority and the Consumer Court simultaneously. The National Consumer Disputes Redressal Commission (NCDRC) has ruled that consumers cannot approach both the consumer court and RERA on the same complaint. The NCDRC recently dismissed a complaint against a building developer, finding that the complainant had already approached the RERA authority. For an accurate case reference regarding the National Consumer Disputes Redressal Commission (NCDRC) ruling that the same complaint cannot be filed with both RERA and the consumer court, you can refer to the case “A. Infrastructure Limited (now Kanoria Energy & Infrastructure Limited) v. Macrotech Developers Ltd., Consumer Case No. 182 of 2022”, decided on September 20, 2023. The NCDRC dismissed the complaint on the grounds of maintainability, applying the doctrine of “estoppel by election” which prevents the same grievance from being pursued in multiple forums. The NCDRC ruled that once a complainant has chosen to seek remedy under one legal forum, they cannot subsequently approach another forum for the same issue, aiming to avoid contradictory judgments and multiplicity of proceedings. RERA vs. Consumer Court After the establishment of the RERA Act, 2016, aggrieved parties can approach the RERA Authority or move to the Consumer Court under the Consumer Protection Act, 1986 (as amended up to date). However, it is essential to know that the RERA Act has no set limitation for filing a complaint once the cause of action has arisen. On the other hand, the Consumer Protection Act sets a limitation of 2 years for filing complaints after the cause of action arises to seek relief under the Consumer Protection Act. Aggrieved real estate buyers can file a case in RERA, consumer courts, etc. However, RERA is a specialized forum with expertise in real estate laws and rules. RERA has resolved more than 1 lakh cases until November 2023. The most effective forum for the buyer to approach for resolving issues highly depends on the case’s facts, limitations, and the remedy the aggrieved party seeks from the respective forum. Bar of Jurisdiction As per Section 79 of the RERA Act, 2016, Civil Courts are not empowered to entertain or hear any suit or proceedings on any matter which the Authority, adjudicating officer, or an Appellate Tribunal is empowered to address under the RERA Act, 2016. Therefore, it is important to move to the correct forum and take the right steps, understanding the facts of the grievances and legal procedures and jurisdiction before initiating any legal proceeding to avoid unnecessary delays and expenses. To conclude, understanding the distinctions between RERA and the Consumer Protection Act is crucial for real estate buyers seeking justice. Each forum has its specific expertise, limitations, and processes. Choosing the appropriate legal avenue based on the case’s specifics can lead to more efficient and effective resolution of disputes. Proper knowledge of the law and correct jurisdictional choices are essential in safeguarding one’s rights and interests in real estate matters. Advocate Tejashree Gaikwad-Rane Contact number: 9881008420 adv.tejashree.gaikwad@gmail.com

Transparency and accountability issues plague the real estate sector, resulting in numerous consumer complaints. MahaRERA, the Maharashtra Real Estate Regulatory Authority, aims to address these concerns by ensuring swift and fair resolution of grievances. Unlike traditional consumer forums, MahaRERA provides a balanced platform where both consumers and developers can file complaints, thereby promoting fairness and accountability for all parties involved. Here’s how MahaRERA enhances the grievance redressal process.   Understanding MahaRERA’s Grievance Redressal Mechanism MahaRERA provides a structured platform for consumers and developers to file complaints against each other and other stakeholders in the real estate sector, ensuring prompt and fair grievance resolution.   Steps for Developers to Handle a Complaint Registration: Developers can view complaints filed against them on the MahaRERA portal. It is crucial to respond promptly and accurately, providing all necessary documents and evidence. Hearing and Resolution: MahaRERA schedules hearings where both the consumer and the developer can present their cases. Developers should prepare thoroughly, presenting clear and detailed evidence to support their position. Timely Updates: Developers receive regular updates on the status of complaints. Staying informed helps developers manage and address issues proactively.   Key Features Enhancing Effectiveness for Developers Transparency and Accountability: MahaRERA’s online portal allows developers to track the progress of complaints in real-time, ensuring transparency and accountability. Conciliation Forums: Provides a medium for speedy dispute resolution, reduces litigation costs, and bridges legal battles, saving time and resources. Robust Legal Framework: Operating under a robust legal framework, MahaRERA ensures compliance with regulations, thereby protecting developers from frivolous complaints.   Developer’s Right to File Complaints Unlike consumer forums, MahaRERA also empowers developers to file complaints against purchasers in case of breaches of the Agreement for Sale or provisions of RERA. This includes situations where purchasers: Do not pay as per the agreed payment schedule. Fail to cooperate with the development of the project. Create unnecessary hurdles and interruptions.   Benefits for Developers Quick Resolution: MahaRERA aims to expedite complaint resolution, minimizing the time and effort developers must allocate to legal matters, enabling them to focus on project completion and enhancing customer satisfaction. Building Trust and Credibility: By effectively addressing grievances, developers can cultivate trust and credibility with buyers, thereby bolstering their reputation.   How RERA Easy Can Help Simplified Complaint Management: RERA Easy assists developers in managing complaints, ensuring accurate and timely submission of all necessary documents and responses. Regular Compliance Updates: RERA Easy offers regular updates on the status of complaints and compliance requirements, ensuring developers stay informed and proactive. Easy Registration & Compliance: We’ve helped over 3,000 projects get registered and submitted 10,000+ Quarterly Project Reports (QPR). We make sure your project complies with RERA regulations hassle-free. Simplified, Comprehensive RERA Oversight: Leave your RERA responsibilities in our capable hands and redirect your focus to your business’s growth. Our team pledges a smooth, worry-free approach to RERA management, covering every minute detail from strategy to implementation, ensuring effortless compliance at every turn. By partnering with RERA Easy, developers can streamline the grievance redressal process, benefiting from expert guidance and support while focusing on project development and customer satisfaction.

Since the outbreak of COVID-19, there’s been a noticeable shift towards plotted layouts and low-density housing (think Rowhouses, Villas, Bungalows, and the like). This shift isn’t just a whisper in the wind; it’s booming, with a staggering rise of 400% in plotting project launches in 2023 over 2019. WHAT’S DRIVING THIS SURGE? A FEW FACTORS STAND OUT: Work from Home (WFH): The pandemic ushered us into the remote work era. Many now crave living closer to nature, away from the hustle and bustle, in cozy independent houses. Plus, living on the outskirts offers a sweeter deal with its substantially lower cost of living compared to the city’s heart. Health and Wellness: Our collective health and wellness radar has gone off the charts! Spacious homes with easy access to the great outdoors, gardens, and parks are now more than just a luxury; they’re a necessity. The entry of big names like K Raheja, Godrej Properties, Supreme Universal, Lodha, and others into this realm signals that this trend isn’t just a passing phase but a solid move towards a more serene and holistic living environment. What do you think about this shift? Is it a temporary adjustment, or are we looking at the future of residential living? The author is a partner at Vasupujya Corporation, a Real Estate development firm based in Pune. He is a civil engineer from IIT Bombay and is also engaged in the Real Estate Data Analytics wing at CREDAI Pune Metro. RAHUL AJMERA PARTNER, VASUPUJYA CORPORATION RAHUL@VASUPUJYA.COM  

In the bustling heart of Pune lies a hidden gem, a majestic testament to the city’s rich history and architectural prowess – Nana Wada. Standing proudly beside the iconic Shaniwar Wada, this 18th-century mansion whispers tales of a bygone era, where the Maratha Empire reigned supreme, and Nana Phadnavis, its esteemed statesman, shaped the destiny of the land. Constructed in the year 1780, Nana Wada stands as a behemoth, spanning an impressive 20,000 square feet, a testament to the grandeur of its time. Crafted meticulously from sagwan wood, also known as teak, the mansion boasts an unparalleled display of craftsmanship, reflecting the glory of the Peshwe era. Every corner of Nana Wada exudes opulence, from its intricately designed railings to its timber ceiling adorned with carved motifs. Graceful arches and pillars, shaped like cypress trees, stand tall, bearing witness to the architectural marvels of yesteryears. Central to Nana Wada’s narrative is the towering figure of Nana Phadnavis, a luminary whose legacy continues to illuminate the annals of history. Through the reign of four successive Maratha rulers, Nana Phadnavis emerged as a beacon of leadership, steering the empire towards unprecedented prosperity and power. As centuries passed, Nana Wada evolved, mirroring the changing landscape of Pune. In 1907, the Deccan Education Society breathed new life into a portion of the mansion, establishing the New English School within its hallowed halls. This infusion of educational zeal not only expanded opportunities but also introduced a fusion of architectural styles, blending traditional Peshwa aesthetics with the British Gothic Revival influence. A new building added to accommodate the school further enriched Nana Wada’s visual appeal, creating a captivating juxtaposition of two distinct architectural eras. Despite the march of time, the original features of Nana Wada remain remarkably intact, serving as poignant reminders of its illustrious past. Today, the mansion continues to play a pivotal role in Pune’s cultural landscape, housing a municipal school and serving as the municipal office for old records. Its storied halls resonate with the echoes of history, offering a glimpse into the splendor of the Maratha era.

In India, many people consider land as one of the safest investment options. Although the initial capital size is high, it gives high returns in the long run. Over the past few decades there haven’t been any volatile changes in the land price. Raw Land – In India, many consider land as one of the safest investment options. Although the initial capital size is high, it gives higher returns in the long run. Over the past few decades, there haven’t been any volatile changes in the land price. House flipping – House flipping is the process of purchasing an income-generating asset, increasing its value and reselling for a higher price. It is a short-term strategy that is used in property investing to gain quick profits. People with good knowledge of landscaping and design can get into the business of flipping houses. Vacation homes – Vacation homes can be fantastic investments as homeowners could earn income by renting out a house or even just a room on a short-term basis, especially if the property is in an area that’s a well-known tourist destination. Vacation homes are highly in demand in India. Co-living spaces & student housing – Co-living is a concept where users, usually not from a single family, share a living space. The residents of a co-living space generally have similar interests, intentions & values. In recent years, there has been an increase in companies offering organized co-living spaces in metropolitan cities. Commercial Properties – For commercial property investment, the investor can look at office spaces, retail buildings or warehouses. Commercial Real Estate succeeds as an investment by producing rental income from a tenant or multiple tenants. This rental income becomes cash flow or revenue for the equity owner of the property. Rental income – The majority of residential property financial gains come in the form of basic rent. You could purchase a property & rent out any room or apartment to tenants. The tenants pay a fixed amount per month, going up with inflation & acting as rental income. A property rented in the CBD or near educational institutions always fetches a good rental income. Fractional Ownership – Fractional ownership is a new concept booming in the Indian market. Several small investors pool in money to buy a valued commercial or residential property. The rents generated from the property are split among the investors based on the shares of investment in the property. Dr.Adv.Harshul Savla (MRICS) is a principal Partner of M Realty (Suvidha Lifespaces) which has successfully completed more than 1.2 million sq.ft. in the last 30 years across Mumbai city under the able leadership of Mr.Pramesh Rambhiya.

Mrs.Sulaksshana.L.Kshirsaagar, a former banker turned astrologer, has carved her niche in the mystical world of astrology with her adept understanding of Jyotish- Vidya. Despite a modest upbringing and academic achievements in finance, her fascination with the stars led her to pursue astrology in 2000 under the guidance of Dr. D.G. Sawant. After honing her skills as an apprentice, Mrs.Kshirsaagar ventured into solo practice in 2003, offering free consultations initially. As her clientele grew, she began charging for her services, attracting serious seekers who valued her insightful predictions and remedies. Today, Mrs.Kshirsaagar is renowned for her expertise in Patrika readings, Vastu consultations, and gemstone recommendations. With over 1,20,000 Janmakundalis and 600+ Vastu projects PAN India under her belt, her clientele spans across India and beyond, with gemstones reaching as far as Dubai, Australia, the US, and the UK. Mrs.Kshirsaagar believes in providing holistic solutions to life’s challenges, blending predictions, prescriptions, and gemstone therapy. Her daily predictions and gemstone expertise are lauded by clients seeking harmony and growth in their lives. A pillar of support in her journey is her husband, an engineer, and her children who acknowledge the positive impact of her work. Despite challenges Mrs.Kshirsaagar remains dedicated to helping others find peace and success through her astrological guidance. Pro-tips from the expert :  1. Opt for a square or rectangular house shape without cuts for better energy flow. 2. Position the main door facing West, North-East, North, North-South, or North-West for positive energy. 3. Avoid placing washrooms facing northeast or east to prevent vastu-dosh. 4. North-facing doors can enhance financial situations, while east-facing doors elevate social reputation. 5. Avoid placing a door in the Southwest direction to prevent potential heart and household problems. 6. It is possible to address vastu-doshas without demolishing walls through strategic adjustment. In her own words, Mrs.Kshirsaagar advises everyone, including business leaders, to work hard, stay positive, and consider consulting the occult when faced with life’s enigmatic challenges. Her tagline in Marathi, ‘प्रत्येक घरासाठी घरातील प्रत्येकासाठी’ translates to ‘for each home and each one in the home’ inEnglish, encapsulating her mission to bring celestial wisdom to all. In essence, Mrs. Sulaksshana .L.kshirsaagar’s journey exemplifies the transformative power of belief, dedication, and the cosmic wisdom of astrology in shaping destinies