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Builder buyer agreement in DelhiNCR.

Q: I heard from news, National Consumer Disputes Redressal Commission has taken action against real estate company under builder buyer agreement.

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Replies (12)
1
Hi Guys,
According to sources, there is a misunderstanding & miscommunication between the builders and buyers. This is primarily important to settle the misunderstanding between builder and buyer. GAC need to take serious steps to resolve this misunderstanding. So that this will enable trust & courage in people and work as a trust building endeavor.
Indranil


@ Hitesh,
Deputy commissioner Gurgaon, T L Satyaprakash said this conflict can be determined by the GAC rather than in the courts or consumer forums. This is a major step towards the welfare of the buyers. Good builders ought to stand against those builders who are illegally involved and blacklist them. Today the majority of the builders are not wrong however few wrong organizations have insulted the image of other builders in Indian Real Estate Market.
Ananya,  
14th July 2015


Hi Indranil,
According to sources, builder buyer agreement is the most essential document when you purchase a property. But sadly it is not given the due consideration it deserves. Frequently builders escape with a totally uneven one sided contact which supports the developer.
Ares,  
4th August 2015


2
Hey Hitesh,

As per sources, administration officials & representatives of real estate companies which includes Supertech,DLF, Ashiana,Unitech, Ambience,Rahejas,Emaar MGF, Ansals etc together with the RWA heads, were presented at the meeting. MCG commissioner as well as Gurgaon DCP were also present in this meeting.
Nithin


@ Hitesh,
Stakeholders call this council as the first public private partnership as more than 100 builders are part of this. It was framed to address major issues between the builder and buyer and to cross over this gap. Builders present at the meeting guaranteed that dispute between builder & buyer happen due to miscommunication between builder & buyer.
Nilufar,  Gurgaon
13th July 2015


3
Hey Guys,
I read your thread. This is really very interesting and useful tips for any property buyers. Recently I have read in news that GAC has taken new way to resolve disputes between consumers and builders also bridge the gap between them. Kindly discuss about it.
Hitesh


Hi Hitesh,
As per latest news, Gurgaon Arbitration Council (GAC) was established as authority to determine disputed in between builders & buyers on Sunday at a meeting went to by Builders, RWAs & Administration officials. The deputy commissioner of Gurgaon declared the move at a round table meeting facilitated by REDCO (Real Estate Developers Council) Haryana at DLF City Club, Phase IV, Gurgaon.
Neel Sharma,  Gurgaon
13th July 2015


4
Hey Mr Tushar Surendren,
The Monsoon session is situated to be called from July 21 for 3 weeks. Government has presented the Real Estate Bill, 2013 in Rajya Sabha. It tries to set up the Real Estate Regulatory Authority for regulation and promotion of the real estate sector and to guarantee sale of plot or flat in a proficient and straightforward way to secure the interest of customers.
Richa


@ Mr Tushar,
According to news, taking note of that having a house is a defining moment in the lives of poor people, the Prime Minister said the government's effort is not only just give a house, as well as to give the right environment to live without legal litigation.
26th June 2015


@ Mr Tushar,
As I heard from news, through AMRUT (Atal Mission for Rejuvenation and Urban Transformation) scheme which was propelled by respectable Prime Minister recently, Modi said the main aim of the government is to give cities themselves the opportunity to arrange their future development. This is the way Indian Real estate future will be bright.
27th June 2015


5
Hi Mr Tushar,
While propelling 3 major schemes for urban development , Mr Modi said that in India, knowingly or unknowingly, the picture of builder is terrible. He mourned that there is an absence of comprehensive vision about urban planning as well as said extension is driven not by the authority of a city, but rather by property developers.
shaina


@ Mr Tushar,
Proclaiming that his government is delicate to customer protection, Mr Modi said, a needy person invests all his money for a house, yet when he is tricked, he loses all money & faith. To secure such poor and hopeless buyers, a bill has been conveyed to parliament and trial will be done to get it passed in upcoming session.
25th June 2015


6
Hey Guys,
As per latest news Modi govt. said that his govt protect buyer from unauthorized development by the builder & developer.
Tushar Surendren


Hey Tushar,
As per latest news, Understanding the picture of builders is bad, honorable Prime Minister Mr Narendra Modi recently guaranteed to ensure the home purchasers and declared that a bill in such manner will be pushed amid the upcoming Monsoon session of Parliament.
Raj Roy,  Delhi
25th June 2015


7
Hey Guys,

As indicated by the office orrder,district town planners as well as senior town planners will now randomly confirm 25% of all application documents. State town Planners might guarantee that a site has been checked and construction work is finished. Director general of DTCP, Arun Kumar Gupta said ,it has been noticed that OCs were allowed for projects where work was deficient, because of carelessness of field officers. So these rules were issued to keep a check on such action in future.
shaina


8
Hey Nishant,
As per a senior DTCP official, they had gotten various objections about conflict in the procedure for giving OCs, particularly for the new sectors of 58-115. DTCP official also said that ,there have been cases that builders have sold projects to purchasers on the excuse of having substantial occupation certificates, however in a few cases, the certificates were conceded without water or force supplies put set up, as on account of sectors 68-80.
Jashan


Hi Mr Nishant,
As per my knowledge, the Punjab and Haryana high court in January had requested a halt on occupation certificates in Sectors 68-80, which don't have any approved water connections or related infrastructure set around HUDA, DTCP was encouraging huge illegal buy or extraction of groundwater by builders as well as developers.
Seekha,  Gurgaon
9th June 2015


9
Hey Guys,
I heard that , DTCP has taken some initiatives with respect to occupation certificate in Gurgaon. Kindly discuss about it.
Nishant Pathak


Hi Mr Nishant Pathak,
As per the current news, the department of town and country planning (DTCP) has presented an updated application strategy for allowing occupation certificates (OC). This took after a few allegations of chenges in the old procedure. The DTCP director general asserted the updated strategy is stricter.
9th June 2015


10
Hi Mr Samar,
However the NCDRC rejected the dispute on grounds that any wrong illegal exchange practice can be investigated by it, regardless of the fact that there is a prior understanding/agreement between the parties.
At the point when the buyer is made to pay 18% penalty for default, is it reasonable on the builder's part to pay a simple 1.8%?
Karthik


@ Mr Samar,
Justice V K Jain told Unitech's guidance that a 15% penalty can be collected on the firm amid the break period from the guaranteed date of possession to the actual possession date however the lawyer pleaded to take an improvised decision. Following this, the commission delayed the last verdict.
3rd June 2015


Hey Guys,

As per sources, Unitech's counsel indicated to a few factors like slowdown i economy, lack in availability of labour and shortage of raw materials, all of which were released by the NCDR. At the point when the developer has collected more than 90% of the cost, why is it influenced by the condition of the economy? Most delays happen due to developers transfer money collected in substitute of one project into another.
Ananya,  
4th June 2015


11
Hi Samar,
According to sources, Possession of apartment was not handed over by year 2012 December as guaranteed, not an unprecedented issue in the realty division. 40 buyers then moved NCDRC in November 2014. Of them, cases of 26 complainants were recorded for their last hearing on Monday, after a progression of hearings in the course of recent months. The commission's decision, however, is still reserved.
Nilufar


@ Samar,
According to advocate Sunil Goel, Unitech representative , said that the agreement openly says the builder/developer would pay 1.8% of the total cost as penalty, if apartment possession will delay. At that point the same agreement was signed by every property buyer, the court does not have the jurisdiction to surpass that.
shaina,  
2nd June 2015


12
Hi Mr Samar,
As per latest news, in a perception that may have broad effect, the National Consumer Disputes Redressal Commission (NCDRC) on Monday rejected the contentions of a real estate company that providing mutually settled upon in a builder buyer agreement (BBA) are sacred. The apex customer court was hearing to a variety of cases filed by 26 property buyers who, in year 2009-10, had invested in Unitech's Vistas project in Sector 70.
Nithin


13

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