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1/29/2019 Can homebuyers be deprived of a refund under RERA?

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Can homebuyers be deprived of a refund under RERA?


While Section 18 of RERA Act clearly states that a homebuyer can seek
refund and ought to be compensated for ‘undue’ delays in a project,
experts said a withdrawal by a handful should not jeopardise
completion of an entire project (https://www.moneycontrol.com/news/widget/whatsapp.html)

Vandana Ramnani
@vandanaramnani1 (https://twitter.com/vandanaramnani1)

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on-india/videos/budget-in-a- take-tata-motors-bsnl-tie-up-
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to-make-cars-smart-
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of a Can Subhash Chandra's


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refund (https://www.moneycontrol.com/news/eye-
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RERA?
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Podcast | Pick of the day - Salary


On January 9, MahaRERA hikes, new jobs in 2019 as India
set aside the plea of over prepares for the big election
(https://www.moneycontrol.com/new
10 flat buyers who had
pick-of-the-day-salary-hikes-new-
wanted to exit from a jobs-in-2019-as-india-prepares-for-
project in Mumbai, the-big-election-3447071.html)

stating that bulk


STAY UPDATED
withdrawal from the
project may mean Bombay Dyeing
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package_id=1&sc_did=BDM&utm_source=IW_stocklink)
500 home buyers.  
 

The 13-odd buyers had NSELIVE


28 Jan, 2019 15:59
TRENDING NEWS
booked units worth Rs
106.75 -5.55 (-4.94%)
7.5 crore each in the 65-
Volume 650122

storey Island City Centre Todays L/H 106.70 112.50


(https://www.moneycontrol.com/news/technology/auto/marut
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More
Realty, an arm of The
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Maruti Suzuki launches new Baleno
(http://www.moneycontrol.com/india/stockpricequote/textiles-
priced between Rs 5.4-8.77 lakh
processing/bombaydyeingmanufacturingcompany/BDM), way back in 2012. They (https://www.moneycontrol.com/news/
suzuki-launches-new-baleno-priced-
had alleged that the builder had made ‘false assurances regarding amenities and between-rs-5-4-lakh-and-rs-8-77-
lakh-3444101.html)
made changes to the carpet area and overall layout of the project’.
IND vs NZ 3rd ODI: Pandya announces his
"Keeping in mind the larger interest of approximately 520 allottees of the said return with a stunning catch, seven-ball
over
project, allowing bulk withdrawal from the MahaRERA registered project to so (https://www.moneycontrol.com/news/cricke
vs-nz-3rd-odi-pandya-announces-his-
many complainants at this stage would mean jeopardising the project completion. return-with-a-stunning-catch-and-a-
strange-seven-ball-over-3442641.html)
Money for the refund will have to be taken out from the separate account, which
is meant specially for the completion of the project and would eventually slow New PUBG patch with Moonlight mode
and new weapons released
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nearing completion with more than 800 of the super structure work completed," and-weapons-released-3443311.html)

the order said. Mementos gifted to PM Modi go under the


hammer
(https://www.moneycontrol.com/news/india/
gifted-to-pm-modi-go-under-the-
In October last year, the Haryana Real Estate Regulatory Authority (HRERA) had hammer-3442461.html)

directed Supertech to refund the amount taken from the buyers of a housing New app allows two-factor authentication
for all apps
project for cheating the buyers by accepting pre-launch booking before obtaining (https://www.moneycontrol.com/news/trend
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all-apps-3434811.html)

The HRERA bench had ordered that the funds


(http://www.moneycontrol.com/elite/profile/vandana-
received by the respondent from the
ramnani_7227> <img src=) complainant by way of advance be refunded
along with interest at the rate 10.45 percent per
annum as 'he has cheated/defrauded the
(http://www.moneycontrol.com/elite/profile/vandana-
innocent buyers'.
ramnani_7227.html)
Vandana Ramnani Interestingly, Chairman of Gurugram Haryana
Associate Editor, Real
Real Estate Regulatory Authority (HARERA) KK
Estate|Moneycontrol News
Khandelwal had also made it clear at a later
SC directs NBCC to start work on two date that in projects where construction is 40
Amrapali projects in Noida
percent complete, refund may not be allowed
(https://www.moneycontrol.com/news/business/real-
to
estate/sc-directs-nbcc-to-start-work-on- ensure that the project is completed.
two-amrapali-projects-in-noida-
3438081.html)
The purpose of RERA is to balance the interests
Will Noida’s Aqua Metro Line boost and protect the rights of the key stakeholders:
property prices in its periphery?
builders,
(https://www.moneycontrol.com/news/business/real-
buyers and agents. "But our first
estate/will-noidas-aqua-metro-line- priority is to ensure that home buyers get
boost-property-prices-in-its-periphery-
3433231.html)
possession of their homes."

Unitech case: SC turns down Chandra While homebuyers are of the view that they are
brothers' bail plea yet again
not responsible for pledging their money with
(https://www.moneycontrol.com/news/business/real-
estate/sc-refuses-bail-to-unitech- the developer 'indefinitely' and that they have
promoters-in-case-relating-to-siphoning-
of-home-buyers-money-3425861.html)
every right to seek a refund if the project has
been
Can homebuyers be deprived of a refund ‘unreasonably’ delayed, builders
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opinion that refund should not be ‘allowed’ to a few buyers, especially if


construction is on, as that would harm the interests of other buyers and make the
project ‘unviable’.

Is refund allowed under RERA?


Section 18 of The Real Estate (Regulation and Development) Act, 2016 clearly lays
down that if the promoter fails to complete or is unable to grant possession of an
apartment, plot or building,— (a) in accordance with the terms of the agreement
for sale or, as the case may be, duly completed by the date specified therein; or (b)
due to discontinuance of his business as a developer on account of suspension or
revocation of the registration under this Act or for any other reason, he shall be
liable on demand to the allottees, in case the allottee wishes to withdraw from the
project, without prejudice to any other remedy available, to return the amount
received by him in respect of that apartment, plot, building, as the case may be,
with interest at such rate as may be prescribed in this behalf including
compensation in the manner as provided under this Act: provided that where an
allottee does not intend to withdraw from the project, he shall be paid, by the
promoter, interest for every month of delay, till the handing over of the
possession, at such rate as may be prescribed.

The promoter should compensate allottees in case of any loss caused to him due to
defective title of the land on which the project is being developed or has been
developed, in the manner as provided under this Act, and the claim for
compensation under this subsection shall not be barred by limitation provided
under any law for the time being in force.

Section 12 of the Act also states that if a buyer has made an advance or a deposit
on the basis of the information contained in the notice advertisement or
prospectus, or on the basis of any model apartment, plot or building, as the case
may be, and sustains any loss or damage by reason of any incorrect, false
statement included therein, he shall be compensated by the promoter in the
manner as provided under this Act: Provided that if the person affected by such
incorrect, false statement contained in the notice, advertisement or prospectus, or
the model apartment, plot or building, as the case may be, intends to withdraw
from the proposed project, he shall be returned his entire investment along with
interest at such rate as may be prescribed and the compensation in the manner
provided under this Act.

‘Buyers have not committed money to a project indefinitely’


"If a builder has promised a house within three years and does not deliver even
after more than five years, I have every right to seek a refund as I cannot
guarantee funds to a builder for eternity. The timeline of a project should be
‘reasonable’ and should be met," said Abhay Upadhyay, President, Forum for
People's Collective Efforts and member, Central Advisory Council, RERA, Ministry
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“A buyer cannot be forced to wait until 2021 for a project that was to be delivered
in 2012 nor can he forced to accept the extended deadlines. A buyer cannot be
responsible for ensuring sufficient funds in an escrow account to complete the
project,” he added.

Some legal experts are of the view that the MahaRERA order is a ‘blatant violation
of Section 18 that empowers the consumers to seek a refund in case of undue
delay in completion of a project'.

“If these buyers do not get relief from the appellate authority, they can again go in
appeal to high court but they cannot approach a consumer court and a high court
at the same time. That would amount to forum hunting and is not a fair practice,”
a lawyer explained.

Legal experts said authorities cannot pass any order which is against the express
provisions of the Act and based on the ‘internal’ guidelines framed by the
authorities themselves.

Investors versus buyers


While the law does not differentiate between a buyer and an investor, some legal
experts are of the view that it is often the investors who have not been able to
book profits on their investments, queuing up for refund.

“These are property hoarders who were expecting an appreciation and because
the market has not improved, they want their monies with interest. Their request
for refund can sabotage the entire project and strangulate the genuine buyer,”
Anand Patwardhan, a Mumbai-based lawyer, said.

Having said that, it is best such matters are decided on a case-by-case basis as it is
often seen that the biggest challenge is getting commencement certificates by the
authorities on time and that is the main reason for delays, he added.

Niranjan Hiranandani, CMD, Hiranandani Communities and President (National),


NAREDCO, is of the view that there are two aspects to the argument.

“If there is a reasonable delay, then compensation will be given to a buyer but if
there is an undue delay, buyers can ask for refund. Also, if only 20 people ask for
refund, then the building will not be completed. If a building is 95 percent
complete and 25 percent people want a refund, what will happen to the building
and what will happen to the rest of the buyers? Undue delay depends from
building-to-building – for a two-floor building it may mean over a year's delay and
for a 30-60-storey building, it could be entirely different," he said.

A year ago, Madhya Pradesh Real Estate Regulatory Authority (MP RERA) did not
allow a group of 40 buyers to walk out a project in which over 300 buyers had
invested in on grounds of delay. “The project was going ahead and there were
hundreds of workers
Can on
homebuyers be site. We
deprived granted
of a refund buyers compensation for delay
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not allow them to exit, lest the project became unviable. The builder actually
completed the project within three months. Therefore, walking out of the project,
should be the last resort,” said Anthony de Sa, Chairman of MP RERA.

“RERA has to reconcile various problems and see that the primary objective which
is to complete the project is met. And if the project is much delayed, compensation
should be provided for the period of delay. In case the project is at a standstill and
not moving forward, buyers should be allowed to walk out of the project and get
their money back. The primary concern is not if it there are more end-users or
investors as one assumes that everybody is an end-user. For a handful of buyers,
the majority should not be turned into a scapegoat,” he said.

The refund mechanism


Can a builder dig into reserves of the escrow account to pay refund to buyers?
Certainly not. “We will never allow that to happen,” de Sa said, adding that’s only
reserved for construction. “The builder will have to pay refund from his share of
30 percent profit.”

However, homebuyers are of the view that for providing refund, the source of
funds is of no consequence. “The Act does not bar a builder from utilising reserves
from other projects, past profits or even by monetising personal assets,” a buyer
said.

Vandana.ramnani@nw18.com

First Published on Jan 22, 2019 10:27 am

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Trends on SGX Nifty indicate a negative opening for the broader index in India, a
fall of 18.5 points or 0.17 percent. Nifty futures were trading around 10,669- level
on the Singaporean Exchange.

US stocks tumbled on Monday after warnings from Caterpillar Inc and Nvidia Corp
added to concerns about a slowing Chinese economy and tariffs taking a bite out
of US corporate profits, said a Reuters report.

Asian shares faltered on Tuesday and the dollar hovered near two-week lows as
prospects for a Sino-US trade deal was dealt a blow after the United States charged
Chinese telecom firm Huawei with bank fraud and for conspiring to steal trade
secrets, it said.

RELATED NEWS On the earnings front, as many as 70 companies will

Buy Maruti Suzuki; target of Rs


declare their results for the quarter ended December
7400: HDFC Securities which include names like Axis Bank, Bajaj Finserv,
(https://www.moneycontrol.com/news/business/stocks/buy-
maruti-suzuki-target-of-rs-7400-
Bank of Baroda, HCL Technologies, HDFC, KEC
hdfc-securities-3444551.html) International, Mahanagar Gas, OBC, Tata Coffee, Tata
Buy Navin Fluorine International; Steel, and Welspun Enterprises etc. among others.
target of Rs 836: HDFC Securities
Stocks in news:
(https://www.moneycontrol.com/news/business/stocks/buy-
navin- uorine-international-
target-of-rs-836-hdfc-securities-
Farm equipment and engineering major Escorts on
3445341.html)
Monday reported a 52.34 percent increase in
Buy Bharti Infratel; target of Rs
standalone net profit at Rs 140.11 crore for the third
344: HDFC Securities
quarter ended December
(https://www.moneycontrol.com/news/business/stocks/buy- 2018.
bharti-infratel-target-of-rs-344-
hdfc-securities-3445171.html) Persistent Systems reported a marginal rise in its
consolidated net profit to Rs 91.71 crore during the December 2018 quarter.
Besides, the Board also approved a buyback offer of up to Rs 225 crore at a share
price of up to Rs 750 apiece, it said in a regulatory filing.

Tyre maker CEAT on Monday reported a 36 percent dip in its consolidated net
profit to Rs 52.24 crore for the quarter ended December 2018.

Technical Recommendations:

We spoke to HDFC Securities and here’s what they have to recommend:

Wipro Ltd (http://www.moneycontrol.com/india/stockpricequote/computers-


software/wipro/W): Buy| LTP: Rs 355| Target: Rs 385| Stop-Loss: Rs 335| Return
8%

Engineers India Ltd:


(http://www.moneycontrol.com/india/stockpricequote/infrastructure-
general/engineersindia/EI14) Sell| LTP: Rs 114| Target: Rs 102| Stop-Loss: Rs 122|
Return 11%
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Eicher Motors Ltd (http://www.moneycontrol.com/india/stockpricequote/auto-lcvs-


hcvs/eichermotors/EM): Sell| LTP: Rs 19900| Target: Rs 18400| Stop-Loss: Rs
21000|Return 8%

Disclaimer: The views and investment tips expressed by investment expert on


Moneycontrol.com are his own and not that of the website or its management.
Moneycontrol.com advises users to check with certified experts before taking any
investment decisions.

First Published on Jan 29, 2019 08:45 am

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Last Updated : Jan 29, 2019 08:45 AM IST | Source: Reuters

Oil nudges higher, but ample global production weighs


US West Texas Intermediate (WTI) crude futures were at $52.07 per
barrel, up 8 cents from their last settlement. WTI futures closed down
3.2 percent on Monday when prices touched $51.33 a barrel - the
Can homebuyers be deprived of a refund Market Headstart: Nifty likely to open flat; Oil nudges hig
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Oil prices steadied on


Tuesday, edging up from
a near two-week low in Podcast | Pick of the day - Salary
the previous session hikes, new jobs in 2019 as India
prepares for the big election
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global economic
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International Brent crude oil futures had yet to trade, after closing down 2.8 Get Daily News on your Browser Enable

percent in the previous session when prices hit a low of $59.49 a barrel - the
lowest since Jan. 15.

"Rising supplies continue to put downward pressure on crude prices despite the
efforts of the Organization of the Petroleum Exporting Countries (OPEC) and other
major producers to limit production," said Alfonso Esparza, senior market analyst,
OANDA.

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US drillers added 10 oil rigs last week, according to energy services firm Baker
Hughes on Friday, in another sign of the expanding record US crude production
that has soured market sentiment.

First Published on Jan 29, 2019 08:40 am

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