Track2Realty-Agencies: Real estate developer Emaar MGF Land Ltd has been directed by the apex consumer forum to refund Rs 2.4 lakh to a man for “deficiency” in service in connection with booking of a residential plot in Mohali.
Track2Realty Exclusive: In India the regulation bill has been contemplated for a few years, but it is only now being actively pursued through multiple rounds of industry consultation. As a tool to drive this initiative, the Ministry of Housing and Urban Poverty Alleviation (HUPA), has drafted a regulation bill laying down the necessary provisions to set up a regulatory body, defining its powers and functions, responsibilities of the developers and penalties for violations and RICS appreciates the initiative to further improve upon and facilitate a smoother introduction of the regulatory authority within the purview of the revised regulation bill.
Track2Realty Exclusive: We are all well aware that the Indian real estate and construction sector is predominantly unorganized and fragmented and lacks professionalism. Given the free reign provided to stakeholders, consumers have often been at the receiving end of misconduct and malpractice indulged in at the hands of both developers and brokers with no mechanism available for redressal or recourse.
Track2Realty Exclusive: While the provision of a real estate regulator snowballed into a political controversy over the jurisdiction of centre-state relations, some sector analysts believe the developers have hurt their own cause by stiff resistance to the appointment of a central regulator.
Track2Realty Exclusive: When the Competition Commission of India (CCI) alleged that DLF misused its dominant market position and imposed unfair conditions on home-buyers at two of its many projects, the real estate fraternity, legal experts and others strongly questioned the basis of the CCI order and the enormous penalty of Rs 630 crore levied on the real estate major. However, within a year the real estate sector itself approached the CCI through its associations against the cement cartel, and got them nailed as well. Consumers too are approaching repeatedly the anti-monopoly body. Track2Realty wonders whether the CCI has become the new regulator in the sector by default.
Track2Realty-Agencies: A builder who failed to start a Greater Noida residential project on time has landed in trouble as a consumer court in New Delhi has directed him to pay compensation of Rs.3 lakh and refund the over Rs.49 lakh cost of a flat to a complainant.
Track2Realty Exclusive: The Indian real estate today stands at a crossroad where it seems the government is confused, the developer is confused, the financer is confused and the buyer is confused. They all seem to be in a wait and watch mode but not sure as to waiting for what. While the government is sitting over two crucial bills that has far reaching implications on the future of Indian real estate, reforms and regulation means different things to different stake holders. With a tectonic shift expected this year, all the stake holders are evaluating their own cost-benefit.
Track2Realty Exclusive: The Union Cabinet has cleared the Land Acquisition Bill, the realty sector is debating its pros & cons but the home buyers are apprehensive whether the house prices will shoot up in proportion of the higher cost of fresh land acquisition. The Bill cleared by the Union Cabinet makes the consent of 80 per cent of owners mandatory for private projects.
In the wake of the Competition Commission of India (CCI) imposing a hefty penalty of Rs. 630 crore on DLF, the anti-monopoly regulator has been flooded with a host of real estate related consumer complaints which may not be in the ambit of CCI. CCI should draw a line that bifurcates between what falls in its domain and what is in the consumer protection ambit. However, in the absence of scientific economic analysis of the relevant market, both in product category and geographic category, the two legs of the relevant market, the sector is keeping its fingers crossed as there has been a clear anomaly in defining the relevant market by the CCI.
Ravi Sinha: Sachin, if I come back to the topic of consumer redressal, isn’t it true that lack of clarity in policy leads to consumer blackmailing also in cases like CCI against DLF. How do you see that?