Ideally, the entire right to the land should be transferred to the society after the conveyance deed is executed. This is in line with the common practice and the intent behind the formation of cooperative housing societies. We believe that this ensures a transparent and fair distribution of land ownership among the society members, leading to more equitable management and decision-making.
https://economictimes.indiatimes.com/property-law/transferring-land-from-the-bui...⇄
1.Clause [Conveyance to the Society and Other Societies: 14 (i) line no 6-8]: This clause allows the builder to retain ownership of the land even after the execution of the conveyance deed, granting them an undue advantage and creating an imbalance in the rights and obligations of both parties.
On or before 31/12/2022 or within 3 months from the date of issuance of the full Occupation Certificate or the full Completion Certificate with respect to the Real Estate Project, whichever is later or latest, or as may be prescribed by the applicable laws, the Real Estate Project with the common areas, facilities and amenities described in the Fourth Schedule hereunder written shall be conveyed to the Society vide a registered indenture of conveyance, provided however that the basements, podium and stilts shall be retained by the Promoter and shall not be conveyed to the Society (“Society Conveyance”). The Society shall be required to join in execution and registration of the Society Conveyance. The costs, expenses, charges, levies and taxes on the Society Conveyance and the transaction contemplated thereby including stamp duty and registration charges shall be borne and paid by the Society alone. Post the Society Conveyance, the Society shall be responsible for the operation and management and/or supervision of the Real Estate Project including any common areas facilities and amenities and the Promoter shall not be responsible for the same.
2.(ix) At the time of execution of the Society Conveyance, the Promoter shall handover lawful, vacant, peaceful, physical possession of the common areas of the Real Estate Project as detailed in the Fourth Schedule hereunder written to the Society, save and except the basements, podium and stilts retained by the Promoter;
3.(xv) The Allottee/s shall not take any objection, on the ground of nuisance, annoyance, and/ or claiming any rights, of easement, and/ or any rights in nature of an easement and/ or obstruction of light, air, ventilation, open space and/ or open area, and/ or on any other grounds, of any nature whatsoever and/ or shall not directly or indirectly do anything and/ or shall not ask for an injunction, and/ or prohibitory order and/ or calling the Municipal or any other authorities to issue stop work notice, and/ or withdraw and/ or suspend or cancel any orders passed and/ or approved Plans so as to prevent the Promoter, or any of their nominees or transferees, from developing and/ or to carry out construction, on the Larger Land.
4.(xvi) It is further agreed that the Promoter shall not be required to give inspection of the said Premises to the Allottee till the time the Promoter calls upon the Allottee to come forward and take inspection of the said Premises before offering for possession.
5.Formation of the Society and Other Societies: 13 (vi)The unsold areas in the Real Estate Project or elsewhere, save and except the municipal taxes at actuals (levied on the unsold premises) and a sum of Rs.1000/- (Rupees One Thousand only) per month in respect of each unsold premises towards the outgoings.
These clauses describe the unfair or unfavorable condition, and explain why it is problematic or disadvantageous to the homebuyers. This condition undermines the rights and interests of the homebuyers, and it is important to rectify this to bring about fairness and compliance with the RERA Act.
From: sachin waghmare
Date: 2 September 2023 at 11:56:25 AM IST
To: Lucy.[protected]@runwalgroup.in, Rakesh.[protected]@runwalgroup.in
Subject: Request for Refund of Additional Interest Charges Levied Unfairly Due to Non-Compliance with RERA Norms and Tri-Party Agreement
Dear Madam/Sir,
I hope this letter finds you well. I am writing to bring to your attention a matter of significant concern regarding my recent interactions with your company in relation to my property at Flat No A 1003 IVY Tower, Crompton Greeves Compound, Kanjurmarg East, Mumbai 400042.
As per the terms of our Tri-Party Agreement and the established norms of the Real Estate (Regulation and Development) Act (RERA), it was clearly stipulated that certain documents needed to be produced, and specific visits, including flat inspections and mortgage-related visits, were to be conducted within a specified timeframe. Regrettably, these essential aspects of the agreement were not adhered to, resulting in additional interest Rs.105635/- charges being unfairly levied on me, further compounded by non-compliance with RERA norms.
I would like to highlight the following issues:
Non-Production of Required Documents: Despite the clear terms of the agreement and RERA norms, I have not received several crucial documents within the agreed-upon timeline. This has not only caused delays in my mortgage process but has also led to additional interest charges imposed unfairly due to extended processing times.
Missed Flat Visits: The agreed-upon flat visits, which were crucial for inspections and evaluations and are also mandated by RERA, were not carried out as per the schedule outlined in the agreement. This delay in assessing the property's condition has further contributed to additional interest charges levied unfairly on my mortgage.
Mortgage-Related Visits: Similarly, the required mortgage-related visits, which are in accordance with RERA norms, were not conducted in a timely manner, resulting in the mortgage process taking longer than anticipated. Consequently, additional interest charges were imposed unfairly during this period.
Due to these deviations from our Tri-Party Agreement and non-compliance with RERA norms, I have incurred unexpected financial burdens in the form of additional interest charges, which were unjustly imposed due to actions (or lack thereof) on your part and a breach of regulatory standards. Please find the attached email & other relevant document attached for your referance.
I am hereby formally requesting a refund of the additional interest charges that were unjustly levied due to these lapses in compliance with the agreement and RERA norms. I believe it is fair and just for your company to assume responsibility for these financial burdens, as they were a direct result of actions taken by your company.
I kindly request that you review my case and promptly process the refund for the additional interest charges. This will not only help alleviate the financial strain caused by these charges but also reaffirm our commitment to upholding the terms of our agreement and complying with RERA norms.
I trust that your company values its reputation for integrity and professionalism and will take the necessary steps to address this matter without further delay. Please contact me at [protected]/[protected] or [protected]@hotmail.com/[protected]@gmail.com to discuss the details of the refund process or to request any additional information you may require.
I appreciate your prompt attention to this matter and your commitment to resolving it to our mutual satisfaction. I look forward to a timely resolution and a continued positive working relationship with your company.
Thank you for your understanding and cooperation.
Sincerely,
Sachin Digamber Waghmare
WhatsApp Image[protected] at 6.32.44 PM (2).jpeg6 July 2023 Interest amount.jpeg11 Aug payment of 105635.jpeg
From: sachin waghmare
Date: 28 September 2023 at 7:15:10 PM IST
To: Bhavita Lodaya, bhavita.[protected]@runwalgroups.in, Rajeev.[protected]@runwalgroup.in, Subhash.[protected]@runwalgroup.in, Lucy.[protected]@runwalgroup.in, rblissfm.[protected]@runwalgroup.in, Subodh.[protected]@runwalgroup.in
Subject: Re: Concerns Regarding Poor Quality of Tiles and Fittings in Flat No A 1003 IVY Tower: Request for P [ ref:_00D2815Emq._5005jkTtQs:ref ]
Hi Lucy Madam,
I visited today and waited more than 2 hours for the key whereas Rajeev was @ 905 IVY and the customer raised the same concerns about the quality of workmanship & tiles.
I came to know from Rajeev that approval for replacing the wooden flooring and the rest tile is yet pending from the management side. It has been more than 3 months since I brought the Runwal Project team's attention to an agreement on vitrified tile in both bedrooms. Not sure how much time is needed to resolve below 4 faults
1. To make a refund of the illegal interest charged (yet to receive receipt of Rs.1.05 Lakhs)
2. Replace wooden flooring with vitrified tiles per agreement.
3. Replace poor-quality tile in the hall & passage of the kitchen to the entrance of both bedrooms with Marble,
4. Possession: Your team has been making false commitments since flat booked on 14th Aug 2022 that keep changing every 2 months & another fake commitment comes into the picture (an entire mail trail regarding the same is there).
Ideally, Runwal Bliss must pay back for the delay in possession (Since Oct 2022 till today and the date of realization) along with interest (per RERA) and rent from July 2023 upon failure to provide quality work & possession on time.
I have already requested to complete the above 4 requests on or before 29/10/23 and to date, visited more than 10 times whereas the Runwal Bliss team continues to close tickets via email trail instead of acting, providing approval for the entire flooring tile replacement with quality of material & workmanship.
After getting fed up with so many follow-ups and if things are not getting delivered that is minimally expected quality work from the Runwal Bliss project team. Upon losing patience any customer may raise their concerns with RERA and other legal forums.
Hence would suggest instead of testing the patience of customers try to deliver quality products and materials that represent the Runwal Brand.
Please find the attached video of Sample flat 101, IVY shown at the time of booking which is clean today & kept ready for possession.
Thank you for your attention to this matter, and I look forward to your positive response. If you have any questions or require further information, please do not hesitate to contact me at [protected]/[protected] or [protected]@hotmail.com/[protected]@gmail.com to discuss the necessary steps to address these issues. I trust that you will treat this matter with the urgency and seriousness it deserves.
Sincerely,
Sachin Waghmare
Flat A 1003, Runwal Bliss, Kanjurmarg, Mumbai
[protected]/[protected] or
[protected]@hotmail.com/[protected]@gmail.com
From: sachin waghmare
Sent: Monday, September 25, 2023 5:38 PM
To: Bhavita Lodaya ; bhavita.[protected]@runwalgroups.in ; rajeev.[protected]@runwalgroup.in ; subhash.[protected]@runwalgroup.in ; lucy.[protected]@runwalgroup.in ; rblissfm.[protected]@runwalgroup.in ; subodh.[protected]@runwalgroup.in
Subject: Re: Concerns Regarding Poor Quality of Tiles and Fittings in Flat No A 1003 IVY Tower: Request for P [ ref:_00D2815Emq._5005jkTtQs:ref ]
GM Bhavita & Runwal Team,
Really appreciate for sending hard copy of payment receipts after 2 months of payments.
Upon my visit to my flat A 1003 dated 22nd Sept 2023 tto look on resolution offered by Runwal team after 3 weeks, only few things are carried out whereas attached concerns were left unattained.
Requesting you kindly do the needful on or before 29th Sept 2023 as I want to take possession asap.
Please find the below link where you will find video of issues & concerns in flat A1003 @ Runwal bliss project.
https://drive.google.com/drive/folders/1vEVi8MWZCQTr_GSCOPpjXn9tlKNGvlIY?usp=sha...⇄
Will share those videos in mail trail due to limitation of 5 MB per email.
As mentioned earlier about wooden flooring, still its not replaced with Vitrified per agreement.
If you look at current flat finishing & flooring material, Ideally Runwal Bliss Project management team should have not only come forward & replace this degraded quality material with marble in past 3 weeks but also cloud have returned interest charged which was act of 1. Delay in submitting required documents to Canara Bank by Runwal Bliss management team, 2. The rescheduling flat visit 5 times to Bank Evaluator.
Now its almost 6th time I have been requesting to resolved issue of poor quality of material & finishing of work done since past 3 months and only tactically pushing the customer to take possession with degraded quality of material & work by closing request ticket been done by Runwal Bliss team, hence customer is getting suffered unnecessarily.
Kindly replace entire flooring of Flat A1003 with Marble asap and handover possession asap.
Regards,
Sachin Waghmare
[protected]
Differance in quality of tiles & fitting in lift lobby is far better tiles fitting in my flat A1003
Tile finishing & quality of Material issue 1
Master Bedroom Door defect 1
Tile finishing & quality of Material issue 2
Tile finishing & quality of Material issue main dore entrance
unbranded Local qualty jet spray fitting in bathroom unbranded Local quality spout fitting in bathroom
Master Bedroom Door defect 1 Master Bedroom Window bottom Marble crackle fitting
Common washroom chipout tiles mentioned in email yet to be replace and cement filling quality and finishing standard Kid bedroom entrance mismatch tiles and standard of finishing 1 Kid bedroom entrance mismatch tiles and standard of finishing Kid bedroom entrance to Kitchen mismatch tiles and standard of finishing 1
Master bedroom bathroom tiles finishing Master bedroom bathroom tiles and cement quality finishing Master bedroom Small window crackle marble fitting 1 Master bedroom Small window crackle marble fitting
Master bedroom window crackle marble fitting 2
Master bedroom window gap filling 2
Master bedroom window gp filling 1
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