What RERA? Wait for a home continues for many buyers in Bengaluru

Housing

Home buyers have been awaiting possession of their flats for years on end, while the developers have not complied with RERA tribunal’s orders.

Theja Ram

P Landon/Pixcy

Sai Pramod, a 43-year-old software engineer in Bengaluru, had booked an apartment in 2014 with a prominent developer in Bengaluru, paying Rs 1.6 crore by obtaining a bank loan. The apartment was to be handed over in 2016, but it has been over six years since he paid money for a house and yet, he is not in possession of the apartment.  Sai Pramod approached the Karnataka Real Estate Regulatory Authority (K-RERA) in 2016 by filing a complaint stating that the developer had not handed over the apartment. The property is located in Hennur Main Road and the developer has not provided amenities, including water supply, electricity, lifts and Sewage Treatment plant.  The developer had promised to pay the EMI for the bank loan until the property is handed over to Sai Pramod. The payments were made regularly until the end of 2016 and it stopped from the following year. Sai Pramod now lives in a rented house in Srinivasa Nagar and is struggling to pay both the rent and EMI. “Now the construction of the house is complete but without any maintenance or people living there, it looks like a dilapidated mansion. How can we live there? I have paid over Rs 1 crore for this,” Sai Pramod said.  When Sai Pramod approached the K-RERA in 2017, the authority heard the case and a single bench tribunal had passed an order, stating that the money must be refunded by the developer.  He filed a complaint with the Cubbon Park Police almost two years ago when the developer did not comply with K-RERA’s order. “The police did nothing about the case. They just let it go cold,” Sai Pramod said. The techie has run from pillar to post for over four years and is yet to be compensated, he said. He has filed a petition with the K-RERA’s appellate authority and is awaiting justice. So, what is RERA’s purpose? Speaking to TNM, MS Shankar, Secretary of the Forum for People’s Collective, an association of home buyers in Bengaluru, said that the primary issue with the existing system is that RERA has been lax in taking developers to task.  “The purpose of RERA was to have more transparency and accountability. Quarterly report was introduced for this purpose. With respect to every status like NOC, pending approvals, construction status, these quarterly reports would give buyers an accurate picture of what is happening. Every quarter, they are supposed to upload it on the RERA website. But this is rarely enforced. They only send notices and wait for the developers to comply without taking action,” MS Shankar said.  Of the 3,600 developers registered with K-RERA, 1,437 of them have not filed quarterly reports with the authority, mandated under the RERA Act, 2016 to ensure that the authority and the buyers are aware of the stages of construction. According to data from K-RERA, there are 4,399 ongoing projects. However, till date, 4,800 complaints were filed regarding non-completion of construction and the buyers had said that they were not in possession of the houses. Of these complaints, orders were passed in 2,448 cases, said Lalitha Kumari, Secretary of K-RERA. She said that of the orders that were passed, 450 of the petitioners came back with appeals stating that K-RERA’s orders were not complied with.  “Currently, we have issued notices to the builders in the appeals made. They will have to send their replies by December 30. If not, we will begin criminal proceedings against them,” Lalitha Kumari said.  She further stated that RERA began a new process to track cases. RERA will now follow up with petitioners 60 days after the orders have been passed to find out if the developers complied with said orders. “We have just started this. But it is not within our jurisdiction to enforce it, the Revenue Department should since we are a quasi-judicial authority and the orders passed here can be appealed in the High Court and Supreme Court,” she added.  Problems with accountability Rajesh Kumar, a 35-year-old marketing manager with a multinational company in Bengaluru, had paid Rs 65 lakh in March 2018, for an apartment in Whitefield near Hope Farm. When he made the payment for the house in a gated community, the developer had informed him that the house would be ready for possession in June 2018 with a grace period of six months. He was to be in possession of his apartment by December 2018. Rajesh Kumar was to procure a bank loan before he made a payment in March 2018. Due to difficulties with the bank, he could not pay the developer the money as requested in January 2018. With this in mind, the developer allegedly informed him that the delay in payment was the reason why he was not in possession of his flat.  In return, the developer sent him a notice to pay 24% interest on the total cost of the house as penalty for delayed payment. “That’s why I took it to RERA in April 2019. In September 2019, my case was referred to the three-bench tribunal. We found that the builder had not even registered details of our agreement with RERA,” Rajesh Kumar said.  After multiple delays due to the developer not appearing for hearings, a single-bench tribunal passed an order in January this year, stating that the developer was liable to return the money paid by Rakesh along with 10% interest. Since the case was heard by a three-bench tribunal, and the order was passed by a single-bench one, the developer informed Rajesh Kumar that they were not liable to return his money. He claims that the developer wants him to withdraw the case and pay the 24% interest for delayed payment if he has to get his apartment.  “They want me to settle the case on their terms. Why should I? I had informed them every step of the way about the problems with the bank and they never mentioned anything about a penalty in the agreement. Why should I pay them more?” he questioned. He has now filed an appeal with K-RERA and is awaiting order.  Rajesh Kumar said that the Revenue Department officials have been unresponsive to multiple pleas. “They are hand in glove with the builders. How many times should we keep asking them to enforce orders? I am determined to fight this legal battle to see how long it will take for me to get justice. This should show everyone how RERA is not being enforced properly. Why have no criminal proceedings begun against those who are not complying with orders?” he questioned.  Shankar maintained that RERA must set examples by taking action against developers who fail to comply with its orders. Or identify the Revenue Department officials, who are reluctant to enforce RERA’s orders. “If no action is ever taken, then developers will not bother about anything. Ultimately, it is the buyers who suffer. The state government must look into this seriously and ensure that the orders are enforced,” he added. 

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Will ban 'love jihad' at any cost: Karnataka BJP minister R Ashoka

Politics

R Ashoka's statement comes after former CM Siddaramaiah said that the Congress would oppose a bill to ban religious conversion for the sake of marriage.

TNM Staff

Karnataka Revenue Minister R Ashoka on Wednesday said that the government is “determined” to ban love jihad in the state. Addressing the press in Mandya district’s KR Pete, R Ashoka said that “love jihad is a threat to women in Karnataka”. Ashoka also lashed out against Leader of Opposition of the Karnataka Assembly, Siddaramaiah, who had said that the Congress would oppose the BJP government’s proposed legislation to ban “love jihad”.  “Who is Siddaramaiah to stop us from banning love jihad? It is the BJP government, which is in power. We are very sure about our decision to ban it,” he said. On Tuesday, former CM Siddaramaiah had met a delegation of members from the Muslim community who expressed fear of persecution if the government introduces a legislation banning “love jihad”.   “Love is different. Love jihad is different. Muslim men make women from other faiths fall in love and marry them. They get married two or three more times in the same year. This is done to force women to convert to Islam. This is love jihad.  We will stop it at any cost. We will ban love jihad and we will send those who are doing this to jail,” R Ashoka said.  “If such a law is passed, we will take it to the court. The law will get dismissed in court as it is unconstitutional. If the government goes ahead with bringing in such a law despite it being against the constitution, it will prove the true intentions of the government. It will only prove the malicious intent of the BJP to disturb peace in the society,” Siddaramaiah had said. Last month Chief Minister BS Yediyurappa had said that his government would bring in a legislation very soon to ban religious conversion for the sake of marriage. Karnataka Home Minister Basavaraj Bommai too had said the government was considering such a legislation. R Ashoka’s statement comes even as Law and Parliamentary Affairs Minister JC madhuswamy said that no such proposal to ban religious conversion for the sake of marriage has been put forth on the government’s agenda for the winter session of the Assembly. He said that if a proposal does come forth, then he would announce it. “So far no such proposal is there. Siddaramaiah is assuming that such a bill will be introduced during the winter session because he is a member of the scrutiny committee. He is only resorting to guess work,” Madhuswamy said.  The love jihad  idea propagated by right-wing groups who alleged that members of the Muslim community were marrying women from other religious faiths and forcing them to convert to Islam. However, officially there has been no case registered in the state thus far. 

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Bengaluru: Two Pollution Control Board officers arrested for allegedly accepting bribe

Crime

The duo had allegedly sought Rs 50,000 bribe for a routine clearance for a water treatment plant.

Soumya Chatterjee

Two Bengaluru-based staff of the Karnataka State Pollution Control Board were taken in custody on Tuesday by the Anti-Corruption Bureau of Karnataka for allegedly accepting bribes for clearing an industrial effluent plant in Dasarahalli. The accused have been identified as Environmental Officer Shivakumar and Deputy Environmental Officer Somasekhar.  A KPSCB official said both of them were deputed to the Dasarahalli region and were working out of the KSPCB office in Peenya. “The two officials were arrested yesterday as they illegally demanded money to give NOC (no objection certificate) with regards to the water treatment plant. The officers had demanded Rs 50,000 but they were caught red handed with Rs 25,000 that the complainant had given them,” Kuldeep Kumar, Superintendent of Police, ACB told TNM. “The complainant had come to us two days back and said that bribes are being asked for official routine work. We registered an FIR based on the complaint. Then yesterday we carried out the raid and caught the accused. We have other government witnesses and other audio evidence,” he added. An ACB official said that this is the first such action taken by them against KSPCB officials in a long time. The arrest of these two KSPCB officials come nearly a month after the ACB had conducted  search operations at five residences belonging to Karnataka Administrative Service officer and administrator of the Information Technology and Biotechnology Department, Dr B Sudha. Notably Dr Sudha was earlier posted in the Bangalore Development Authority (BDA) and ACB officials suspected that she amassed illegal wealth through bribes settling various land acquisition deals. At that time, the sleuths had seized huge quantities of cash, gold and a car among other things for further probe. Earlier in September, the ACB had arrested  Bengaluru South Tahsildar and two other officers for allegedly taking bribes of Rs 7 lakh.

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COVID-19 panel recommends night curfew in Karnataka during Christmas, NYE

COVID-19

The Technical Advisory Committee (TAC) for COVID-19 in Karnataka has said that the state may witness second wave in January-February 2021.

PTI

File image

The Technical Advisory Committee (TAC) for COVID-19 in Karnataka has said the second wave of the pandemic is expected in early 2021 and has made a slew of recommendations including banning public celebrations ahead of the new year in a bid to avert a crisis. It has also recommended clamping night curfew during that period, but the government said it was yet to take a call on the matter. The TAC has said the second wave of the pandemic was expected in January-February next year. It has asked to keep ready by first week of January, clinical facilities at October level (when daily cases were about 10,000 per day) in terms of beds, ICUs, ventilators, and so on, both in government and private hospitals or this could be ramped up at a short notice of 2-3 days maximum. It has also recommended a ban on new year public celebrations from December 26 to January 1 and impose night curfew (8 pm to 5 am) during this period. The TAC, based on the deliberations at its 53rd meeting held on November 24, has given advisory on recognition and containment measures for the second wave of COVID-19 in Karnataka. According to TAC, early recognition of the second wave of COVID-19 in the state can be done by closely monitoring the 7-day average growth rate and reproduction number (R0) at district and state levels. It said an epidemic intelligence team shall be supporting the state war room for early recognition of the second wave and alert the Additional Chief Secretary and Commissioner of the Health and Family Welfare department. Speaking to reporters, Health Minister Sudhakar said a meeting will be held at the government level regarding the TAC recommendations. "Our positivity rate is less than 1.2 per cent. The report of the TAC states that there may be a second wave. A meeting regarding this will be held in a couple of days. Based on the outcome of the meet, discussions will be held with the Chief Minister and the final decisions will be taken," he said. To a query on the night curfew, he said no decision has been taken. A meeting is yet to take place to discuss on the recommendations. According to experts the second wave is anticipated usually three to four months after the first spike or wave i.e., January- February 2021. This is factoring in winter, unlocking progress, weak enforcements, population movements, etc. Noting that a minimum of 1.25 lakh tests per day should continue till the end of February 2021, of which one lakh shall be RT-PCR ( 1:5 pooled in lab as per state protocol), the TAC advisory recommends for fortnightly testing of all teachers, pupils, and staff in educational institutions, Anganwadi staff, and others by RT-PCR.

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Karnataka senior resident doctors on COVID-19 duty left unpaid for 3 months

COVID-19

Senior resident doctors, who completed their MD, have been put on compulsory COVID-19 duty for a year since September.

Soumya Chatterjee

Representational image

Scores of senior resident doctors, who completed their MD (master in medicine) degree course from government medical colleges in Karnataka, have been put on compulsory COVID-19 duty for a year. However, since their tenure started in September, the senior resident doctors said they have not paid their monthly salary. They have been posted for COVID-19 duty in medical colleges and hospitals run by the Karnataka government.  The situation is true for more than 15 hospitals and medical colleges, especially those in rural areas away from Bengaluru. More than 1,000 MD graduates have been posted in government medical colleges, district and taluk-level hospitals as senior resident doctors or senior specialist doctors.   “For the last three months, we have been forced to depend on our families for a living, even after working for long hours. Some hospitals have been providing free accommodation for senior resident doctors, while others have to pay their own accmmodation. Not everybody who finished our courses are from affluent families,” a senior resident doctor from Mandya told TNM.  Another senior resident doctor based in Shivamogga said that the situation is the same in other districts like Shivamogga, Mandya, Chamarajanagar or Gadag. “We have not been paid since we started our duty in September. On Tuesday, we were orally assured by our superiors that our dues will be cleared by next week. In some taluk hospitals, they have been told that they will be paid only in January,” he said. “We have been promised only Rs 60,000 monthly remuneration, which is one of the lowest in the country, while many other states give doctors Rs 1 lakh per month. Among the 19 medical colleges where the senior resident doctors have been posted, only four medical colleges have paid them. No taluk hospitals have paid the senior resident doctors,” added the doctor from Shivamogga.  These senior resident doctors have given their representation to their respective deans and superintendents. They will also write to the Health Minister and other relevant officials to clear their dues.

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Marrying by choice is an individual’s fundamental right: Karnataka HC

Court

This ruling is significant as the Karnataka government is currently mulling a law to criminalise religious conversions "for the sake of love and marriage."

Sanyukta Dharmadhikari

Representative image

In a significant ruling, the Karnataka High Court ruled that it is the fundamental right of any adult in India to marry the person of his or her choice, irrespective of caste and religion, and that right cannot be encroached upon by anybody. This ruling comes even as multiple states in India have brought in or are currently mulling laws to discourage interfaith marriages, by citing increasing instances of “love jihad” to do the same. It must be noted that “love jihad” is a conspiracy propagated by right-wing extremists who claim that Muslim men deliberately marry Hindu women to convert them to Islam. However, there is no such term under Indian law. The Karnataka High Court was hearing a habeas corpus plea filed by a software engineer, Wajeed, who had moved the court seeking the release of Ramya, alleging that she was being confined against her will by her parents who were opposed to their upcoming marriage. In an application, Ramya, also a software engineer, had submitted to the court that she is currently staying at Mahila Dakshatha Samithi in Vidyaranyapura after she had filed a complaint alleging the infringement of her right to liberty caused by her parents with respect to her marriage with the petitioner. She also submitted to the court that she has decided to marry the petitioner, who is her colleague, but that her parents had not consented to the marriage. “It is well settled that a right of any major individual to marry the person of his/her choice is a fundamental right enshrined in the Constitution of India and the said liberty relating to the personal relationships of two individuals cannot be encroached by anybody irrespective of caste or religion,” the Karnataka High Court bench of Justices S Sujatha and Sachin Shankar Magadum ruled. The court added that Ramya is capable of making her own decisions and ordered that the Mahila Dakshatha Samithi release her immediately.  The ruling assumes significance as even Karnataka is mulling a law to check alleged forced conversions in the state. Chief Minister BS Yediyurappa had said that the government will take strong measures to put an end to religious conversion “in the name of love and marriage.” Home Minister Basavaraj Bommai too had said the government was considering a law against religious conversion ‘for the sake of marriage,’ even as several BJP leaders had put forward similar demands. Recently, Uttar Pradesh Governor Anandiben Patel gave assent to an ordinance against forcible or fraudulent religious conversions that provides for imprisonment up to 10 years and a maximum fine of Rs 50,000 under different categories. The promulgation of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020, came four days after the Yogi Adityanath government had approved the draft of the legislation which also curbs religious conversions only for the sake of marriage. The BJP-led government in Madhya Pradesh, too, is planning to introduce a new law to curb the increase in cases of so-called “love-jihad” in the state. The Shivraj Singh Chouhan government is all set to table the Madhya Pradesh Religious Freedom Bill, 2020 in the upcoming Assembly session. According to the proposed Act there will be a provision of punishment for up to five years for those indulging in or abetting forceful religious conversions. Also read: Karnataka’s warriors against hate 

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Karnataka CM mulls paid parking in Bengaluru, proposes other changes

Civic

Among other proposed changes, possession of parking permits may be made mandatory for all vehicles.

IANS

WIKIMEDIA COMMONS/VINCENT BLOCH

In a bid to move from chaotic to organised parking in Bengaluru, Karnataka Chief Minister BS Yediyurappa on Tuesday directed Chief Secretary TM Vijay Bhaskar to review and revise the draft Parking Policy 2.0 before submitting it to the cabinet. A senior official from the Bruhat Bengaluru Mahanagara Palike (BBMP) told IANS that the draft Parking Policy 2.0 comprises three prominent components -- moving from chaotic to organised parking; moving from free parking to paid parking system; and making possession of parking permits mandatory for all existing and new vehicles across the city. "The last of the three seems to be the biggest stumbling block in implementing this policy, as not many politicians are willing to bite this silver bullet," the official claimed. During the meeting, the officials apprised the CM about the need for a parking policy as in the last seven years, the number of vehicles has doubled in the city. "We have nearly 80 lakh vehicles for a city of 1.2 crore population. Therefore, we need a controlling mechanism and tech-based parking system to regulate traffic as well as parking," the official added. Besides this, the Parking Policy 2.0 also suggests that most of the wholesale markets need to move  from central areas in the city to peripheral areas. "Freight vehicles will have to be banned from parking on the street for loading and unloading during the day. Lorry terminals and warehousing facilities will have to be established for this," the official added. He further said that the CM has insisted on reviewing and revising the draft parking policy. Knowing these implications, the BBMP has already taken a lead in collaborating with a private company to help Bengaluru residents opt for a tech-based parking system. "We have developed the Namma Bengaluru Smart Parking App and identified as many as 85 roads within the CBD (Central Business District) area," the official said.

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