Suggestions on Draft Agreement for Sale Notified by GOK-Housing Department on 07-01-2020

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Ajit Naik

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Jan 18, 2020, 8:55:12 AM1/18/20
to Lancha Mukta Karnataka Nirmana Vedike - RERA, HOMEBUYERS & AFFECTING ACTS
Dear Group members, 
While sending the email, I attached a wrong document to the following letter addreesed to the Housing Secretary. I corrected the same now by attaching the correct document. I am attaching the correct document to the knowledge of group members.Sorry for the inconvenience caused.

Regards,
Ajit N. Naik

Dear Sir,

I appreciate, the stand of Housing Ministry,  Government of Karnataka, for not enforcing the Agreement for Sale approved by the Housing Secretary and the first Interim Regulatory Authority which was/is  made availabe in the Website, with effect from 03-04-2018 by your department. That particular format of Agreement for Sale has  as many as 32 points which were against the interest of Homebuyers. .Any sensible citizen can understand that the said agreement for Sale is drafted to suit the requirements of unscrupulous promoters though the RERA is a consumer centric legislated by the Parliament of India for giving protection to homebuyers from the evils of unscrupulous promoters.

As per the captioned Notification, a Note prepared by me giving suggestions on the draft Agreement for Sale is attached to this E-mail. I have suggested 19 points in the attached Note which deals with for improving the draft Agreement for Sale, now circulated on 07-01-2020. It is the third time that the Government of Karnaataka is circulating the draft Agreement for Sale in the last 38 months.  Though the draft Agreement for Sale is in the Format of Agreement for Sale, circulated by Central Housing Ministry, an effort is made to remove the lacunae in the said format. Certain ponts missed, in the draft Agreement for Sale,  are included in the Note attached, as per the provisions of the RERA.

I request you make proper study on Point No. 19 and Schedules of Agreement for Sale, from the angle of RERA Act provisions. My suggestion Note has suggested for radical changes on (a) Point No. 19. on the type of Association of Allottees to be formed and (b) The schedule of Agreement for Sale, to comply with the provisions of RERA Act, with respect to  development of Multi-phased projects.

I earnestly, request you to  do the needful for notification of the Agreement for sale  as early as possible to end the farcical way of implementing RERA, going on for the last 30 months  in Karnataka, without the main document required for implementing the Act. Entire RERA Act, revolves around the enforcement of the terms agreed in the Agreement for sale, between thepromoter and the Allottee.

If you give an opportunity, I am ready to meet you and discuss on all 19 points suggested by me, in the attached note.

Thanking you,
With Regards,

AJIT N.NAIK.

AA-suggestions -AFS-06-01-2020.docx
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