2 yrs after its introduction, TNRERA a ray of hope for anguished home buyers

For around nine years, four retired defence officials— JS Dharamadeeran, M Narasimhan, SP Raman and R Ganesan—were left to suffer after the flats they had booked in an apartment complex constructed by Army Welfare Housing Organization (AWHO) near Coimbatore a decade ago, were yet to be handed over to them.

When the veterans approached Tamil Nadu Real Estate Regulatory Authority (TNRERA) to bring the project under its purview, the Authority ruled in their favour. Even the appellate tribunal (TNREAT) ruled in the favour of the owners by dismissing AWHO’s appeal, thus giving the veterans some hope.

This is not the only case in which the authority ruled in favour of home buyers’ interest. There have been many such instances where major promoters and builders were penalised for false promises and delay in completion of the project.

“Earlier, we had to go to consumer forum seeking compensation if the flats are not handed over as promised by the builders. After the formation of TNRERA, the proceedings have been and, rules and regulations seem to be framed to safeguard us,” said A Madhavan, a home buyer.

Even as the state government appointed K Gnanadesikan as the permanent chairman of TNRERA only two months ago, the authority has received more than 1,150 complaints from customers, as on Thursday. Prior to the appointment of K Gnanadesikan, housing secretary held the post for an interim period. Real Estate (Regulation and Development) Act, popularly RERA, was notified and TNRERA was constituted in 2017.

Of the total 1,150 complaints, around 900 are related to Form-M and 250 are related to Form-N. Customers should register their complaint in Form-M if they suffered from delay in delivering the properties or delay in completion of the project. Form-N is pertaining to seeking a refund, delay in settling compensation and mental agony caused by realtors. The authority has disposed 201 complaints, of the total 1,150 complaints.

The Union Territory of Andaman and Nicobar Islands fall under the purview of TNRERA and the authority has received only one complaint (Form-M) from the UT.

“Apart from hearing the complaints, we have served notices to around 250 projects for publishing advertisements without the registration number issued by TNRERA. If the violation committed for the first time, we will issue a warning. We will levy penalties for the subsequent violations,” said TNRERA Secretary (Projects) S Selvakumar.

He added that the TNRERA registration has been mandated for new projects after notification of the RERA Act and the realtors could not sell their projects (flats or plots) without registering. If the building is intended for personal use, such projects would be exempted.

Even though the quantum of real estate activities in the state is high, the number of complaints in low and the secretary admitted that there is not enough awareness. “Till the announcement of Lok Sabha elections, we had conducted awareness programmes at 11 locations, and we will conduct more such programmes after the elections are over,” he said.

Explaining the operation of the TNRERA, Selvakumar said that the Form-M complaints would be heard by the authority that comprises of the chairman and two members. Complaints regarding Form-N would be heard by the adjudicating officer. “The authority would convene thrice a week to hear the cases.”

As of now, there are 965 real estate projects registered with TNRERA in Tamil Nadu and one project from the UT registered. Apart from projects, real estate agents should also be registered with the authority.

----

While the home buyers are welcoming the regulations, realtors are demanding the government to relax the norms. “The buyers are happy as there is a watchdog. Even though the builders are comfortable in functioning under the purview of the Act, some stipulations and norms are harsh,” S Sridharan, vice president, CREDAI Chennai (Confederation of Real Estate Developers Association of India), said. He added that the confederation had submitted a representation to the union ministry of housing and urban affairs to relax the norms. “We are expecting action after the election,” he said.

----

While the home buyers are welcoming the regulations, realtors are demanding the government to relax the norms. “The buyers are happy as there is a watchdog. Even though the builders are comfortable in functioning under the purview of the Act, some stipulations and norms are harsh,” S Sridharan, vice president, CREDAI Chennai (Confederation of Real Estate Developers Association of India), said. He added that the confederation had submitted a representation to the union ministry of housing and urban affairs to relax the norms. “We are expecting action after the election,” he said.