Meeting with RERA on 12-09-2019

[Ajit Naik]

Dear Shankar,

I just want to know whether Col Mathew was present in the meeting. He has sent the following email to the group. I am forwarding you one more email which gives the information on some other development taking place at GoK level affecting RERA implementation. Kindly take note of the same.

Regards,

Ajit N. Naik

Copy of Email from Col. Mathew dated 12-9-2019 to a Group of persons 

Hi All,

Please recall that I had informed you about the meeting scheduled for today with the RERA.

I had a very fruitful meeting with the Adjudicators of RERA today. All three Adjudicators were present along with other RERA officials, including the IAS member secretary.

Here is a very brief summary of the discussions, relevant to us. The Adjudicators stated / agreed that:

1.     RERA is applicable whether the builders register the project or not as long as it is not complete. Completion is well defined.

2.     Irrespective of builder registration, buyers have all rights and protections of the law.

3.     As long as Completion Certificate has not been issued by the project sanctioning authority (BDA – in our case), builders will have to register the project under RERA.

4.     Partial OC is invalid.

5.     Explanation to Rule 4 of Karnataka Real Estate (R&D) Rules, 2017 are invalid and builders will not be allowed to use it as an escape route to avoid RERA registration

6.     Every allottee has the right to be part of the buyers’ association. Registration of title (ownership) is NOT needed for exercising rights to be member of the association of buyers

7.     Registrar of Co-operative Societies cannot insist on buyers forming cooperative societies.

8.     Buyers may form KSRA societies.

9.     Adjournments will not be allowed to be used as delaying tactics by builders.

 

The net effect is that RERA has informed all those present in the meeting that my views expressed many times over in various forums in Sobha City and Aristos are absolutely correct.

The discussions, decisions and views expressed in this and other such meetings would be available to all.

RERA has taken, and is taking, several steps to ensure speedy justice and effective implementation of its orders.

Hence, the actions taken by some associations to go back to existence as sub-committees, due to the unwarranted fear of the Registrar of Co-operative Societies, are unnecessary.

The hearing of the complaints of Apex, Sudhir and myself would be held on Thursday, 19 Sep 2019 at 3 PM.

Those interested and especially, any “doubting Thomas” among us are welcome to attend the hearings to come to know the facts at first hand.

It will prevent them from being fooled by the opinions and arguments, which are put out contrary to the correct legal position, such as, “Let’s take legal opinion from an advocate”, “Registrar of Co-operative Societies has written a letter that we should form KAOA societies” , “We have to follow government orders”, “Let’s wait for your case to be decided” etc.  

You heard these said many times when there is no logical counter available.

My Comments on above (date 14-9-2019) sent to Sudhir Pillai Sir

 Please help me to understand the meening of Col. Mathew's email to you.

1. Point 6- 6.     Every allottee has the right to be part of the buyers’ association. Registration of title (ownership) is NOT needed for exercising rights to be member of the association of buyers

2. Point 7-     Registrar of Co-operative Societies cannot insist on buyers forming cooperative societies. How this situation arises? In RERA implementation, the promoter has to take decision compiling with provisions of RERA in various sections. Government and RERA has to take a call on it and announce it.

3. Point 8 is irrelevant until the time the Government decides on what I have stated above on point 7.

4. All points 1 to 5 and 9 are most welcome. 

5. The meeting must have been attended by Mr. Shankar and his team. Please ask Col. Mathew to collect the minutes of the meeting. I will meet the secretary in the next week and collect the minutes of the meeting. Before meeting her, I will submit a letter to CS, (Copy to UDD, Town Planning, Housing and RERA) enclosing all my/LMKNV representations/letters/suggestions given to them on RERA implementation. I will also mention that with the past experiences in the last 40 months, we lost the hope of proper implementation of RERA in Karnataka as wished by the Parliament of India and may compel us to take up the help of judiciary, appropriately.

Regards,

Ajit N. Naik

[Shankar Srinivasan]

Col.Mathew attended the 12th Sep KRera meeting as per my invitation and he is one of the FPCE Founder Members.

MS Shankar
National Secretary.
9844010530



Sent from vivo smartphone

[Ameya Usgaonkar]

Hi Shankar,

    This is good development.  However, I am totally surprised by the resurgence of KSRA 1960 and its application to RERA and that too coming from one of the founding members.  As you may be aware, the association of allottees will must be corporate body to own any property.  Corporate body can be either company or cooperative society and nothing else.  Thus, with KSRA type of associations that are thriving in Bangalore mainly because of non accountability to its office bearers, the home owners can never get title conveyed from builder.

Every where in the country, there is specific mention of cooperative society which effectively gets conveyance from the builder.  With the proposition of KSRA for RERA, are we sure about the conveyance?

FYI, Mr. Mathew Thomas did NOT believe about illegality of partial OC since 2016 in spite of providing proof of court judgment.  However, he seems to have readily believed RERA authorities.  It therefore comes as a question mark on whether his proposal for KSRA based associations will really be in the interests of home buyers.

Regards,

- Ameya

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[Anil Kalgi]

Hi Colonel Mathew!!!

While appreciating your presentation I would like draw your attention on the followings

Point 3: As long as Completion Certificate has not been issued by the project sanctioning authority (BDA – in our case), builders will have to register the project under RERA

Please note:  it is mandatory for the builder to obtain occupancy certificate (OC) for building before builder issues occupancy to the flat owners as per section 310 of KMC act, and as per Section 310 of KMC act there is provision to issue occupancy certificate for the building only. 

The Project Development Plan (DP) is issued by town planning authority (BDA-TPM) as per the Karnataka country and town planning act. And there is no provision in the Karnataka Country and Town planning act to issue project completion certificate.

Bangalore City Flat Owners Welfare Association (BCFOWA) submitting representation with this effect to RERA authority.  

Point 4: Partial Occupancy certificate is invalid

Please note: we are time and again, stating partial Occupancy certificate (POC) is illegal now after the RERA’s statement you are enlightened and realised the same.

Point No 7.     Registrar of Co-operative Societies cannot insist on buyers forming cooperative societies.

Please note: Cooperative society has not insisted you to form cooperative society for buyers’ associations. Cooperative society has made it clear that maintenance of apartment cannot be carried under KSRA 1960

Point 8.     Buyers may form KSRA societies.

Please note : we are of the opinion that buyers may form KSRA 1960 association for collective representation of Grievances to appropriate authorities on behalf of their members, KSRA can be a mediator between buyer and builder but they cannot do maintenance or builders job till the project is conveyed to the appropriate legal association by way of conveyance deed as per the Section 11(4)(f) of RERA 2016 “execute a registered conveyance deed of the apartment, plot or building, asthe case may be, in favour of the allottee along with the undivided proportionate title in the common areas to the association of allottees or competent authority, as the case may be, as provided under section 17 of this Act;”( Refer KOFA  section 11)

 

Unless builder follows the 11(4)(f) such association cannot carryout maintenance Section 11(4)(d) of RERA (Refer KOFA section6) makes very clear.

Until Section 11(4)(f) is carried by the builder will have to follow Section 11(4)(d) of RERA Act  “be responsible for providing and maintaining the essential services, on reasonable charges, till the taking over of the maintenance of the project by the association of the allottees;”

It well established law that conveyance of property can only happen to juristic entity and juristic entities for group of people as of now are, Cooperative society and Company

Please be aware until the builder conveys the property to the association (juristic entity) the builder will have to maintain the building. Till conveyance, the association (may Be KSRA/Coop Society/ Company ) are only the representative body of the buyers

We are of the clear opinion that we can also form juristic entity as association of allottees to represent our grievances and get it addressed by the builder or the authorities and later take over conveyance as per Section 11(4)f) of RERA Act by way of forming coop society. If not today at the time of conveyance we will have form (Juristic entity) coop society, Then Why not now?

Please note KAOA is just a declaration DoD associated with byelaw to maintain the assets that are declared, functioning under DoD may have status of AoP (Association of Persons) but not legally registered juristic entity and there is no conveyance to such association even they cannot take depreciations of the assets which they are maintaining. If any AoA functions under such DoD is to create loss to themselves.

In nutshell please take it as

1.     To represent grievances, it can be any type of society may be coop society/ KSRA

2.     Till the builder conveys the common area and assets as per section 11(4)(f) of RERA the builder will have to follow Section 11(4) (d) of RERA i.e. maintenance of the building by the builder till conveyance

3.     Please note AoA as KSRA cannot take conveyance and cannot maintain the building.

4.     If we have to form AoA as body a to take conveyance then it should be Coop Society

5.     Till the builder conveys the property as per section 11(4)(f) even coop society is representative body for the grievances of allottees only, even if such AoA of Coop society tries to enter maintenance without conveyance,RoCS can enforce on builder to follow section 11(4)(f) or 11(4)(d).

Formation AoA as coop society is beneficial in long run for peaceful apartment living and ownership.
Thank you 

 

Anil Kalgi

9448822238

 

Sender notified by Mailtrack 09/14/19, 07:51:25 PM

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