5--nov oct--2019credaibengal.in/wp-content/uploads/2019/11/05nov19-cb... · 2020-02-28 · realty...
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10-Oct-2019 05-Nov-2019
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CREDAI Bengal Daily News Update | 05.11.19
Centre to come-up with e-commerce platform for real estate:
Housing Minister
The objective of e-commerce platform is to bring transparency in the sector and offer only
certified projects.
The central government will come up with an e-commerce platform for real estate sector, union
housing and urban affairs minister Hardeep Singh Puri said.
“I had a discussion with CREDAI and NAREDCO and very soon we will come up with the e-
commerce platform for real estate sector,” said Puri in the first National RERA conclave in
Lucknow on Monday.
CREDAI ( Confederation of Real Estate Developers Association of India) and NAREDCO
(National Real Estate Development Council ) are the two main national body of real estate
developers.
The objective of e-commerce platform is to bring transparency in the sector and offer only
certified projects.
“The platform, which will be launched by January, will have a list of project that have received
the Occupancy Certificate (OC). The purchase will be online and sale will happen via
NAREDCO so that responsibility can be fixed,” said Parveen Jain, Vice Chairman,
NAREDCO.
________________________________________________________________
Newspaper/Online ET Realty(online)
Date November 04, 2019
Link https://realty.economictimes.indiatimes.com/news/industry/centre-to-come-up-with-e-commerce-platform-for-real-estate-housing-minister/71890968
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Realty reality: SC seeks govt, RBI reply on plea to call projects „3rd
party assets‟
IBA and Jaypee group have been asked to reply on a plea that sale proceeds of the project
should go to homebuyers only if the builder fails to deliver the property.
The Supreme Court on Monday sought response from the Centre, RBI, the Indian Banks‟
Association and the Jaypee group on a petition seeking to declare that the real estate projects are
“third party assets” held by builders in trust for the homebuyers. The sale proceeds of the
project, thus, should go to the homebuyers only if the builder fails to deliver the property.
A Bench, led by Justice SA Nazeer, issued notices to ministries of corporate affairs and law and
justice, the Indian Banks‟ Association, RBI, embattled real estate firm Jaypee Infratech, its
parent company Jaiprakash Associates on a petition by Sachin Sudheer, a homebuyer of the
Jaypee group. The petition alleged that in the absence of such a declaration, all the homebuyers
were likely to lose their money to the secured lenders due to misunderstanding of the
appropriate legal position in this regard.
According to Sudheer, Section 11(4)(h) of the Real Estate (Regulation and Development) Act,
2016, prohibits mortgage of the plot/home/apartment allotted to a homebuyer by the builder. If
mortgage has been created on these assets before such allotment, the same has the approval of
the secured creditor. The latter, by voluntarily surrendering their security interests in favour of
homebuyers, lose their security right on the mortgage so created, he said. Thus, an allottee is the
beneficial owner of the plot, apartment or building allotted to him and the secured creditor has
no right or preferential claim, whatsoever, on the real estate project.
The mortgage, created by the developer in favour of lenders on the assets, is prohibited after
entering into an agreement for allotment with a homebuyer. In any case, such mortgage shall
not affect the rights and the interests of the homebuyer, he said.
“No law of the land permits robbing Peter to pay Paul. If homebuyers are treated as unsecured
creditors for all the purposes of the Insolvency and Bankruptcy Code 2016, for the distribution
of liquidation assets under Section 53 of IBC the homebuyers stand to lose the entire amount
paid by them to the builder,” the petition filed through counsel Balaji Srinivasan stated.
According to the counsel, the assets so created with the homebuyers‟ money will be sold as
Newspaper/Online Financial Express(online)
Date November 05, 2019
Link https://www.financialexpress.com/industry/realty-reality-sc-seeks-govt-rbi-reply-on-plea-to-call-projects-3rd-party-assets/1754475/
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liquidation assets, the secured creditors will recover their dues and the homebuyers will get
nothing. This, according to him, is neither intended by the code nor by the Rera Act.
He further stated that the homebuyers, being treated as financial creditors and unsecured
creditors, will in no way undermine their position as “third parties”, whose assets are held by
the corporate debtor in “trust” for the purposes of Section 53 of the Code.
Citing the earlier SC judgment in Pioneer Urban Land and Infrastructure vs UoI that held that
RERA is to be read harmoniously with the Code, the counsel argued there is no conflict
between the two as the Code had adopted the definitions of “allottee” and “real estate project”
as given in RERA. Even both the enactments make homebuyers the beneficial owners of the
assets so created. ___________________________________________________________________________________
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Co-working space companies go on fundraising spree to fuel
growth
Large players in India in talks with institutional investors to raise money to fund
expansions. Leasing activity rose by more than 30% annually, crossing 47 million sq. ft.
during January-September this year, says CBRE South Asia Q3 office report.
Coworking spaces operator WeWork‟s recent global debacle seems to have had minimal impact
on India‟s growing flexible space segment, as quite a few large players are looking to raise
capital to fuel growth even as many companies have already raised funds this year.
WeWork‟s parent, The We Company, withdrew its initial public offering a week after the
SoftBank-backed flexible office startup ousted founder Adam Neumann as chief executive last
month.
Large players in India, including We-Work and homegrown Cowrks, are in talks with
institutional investors to raise money, while others such as Awfis and Smartworks have already
closed funding to enter new markets and to increase desk counts across cities where they
already have a presence in.
Co-working as a concept has gained increased acceptance, with large companies becoming
mainstream occupiers of space, constituting approximately 80% of the overall client roster. The
segment contributed 15% of total office demand in the first nine months of 2019.
“We are looking to raise $200 million and are talking to both domestic and global capital.
Flexible office space is here to stay and demand continues to be strong,” said Karan Virwani,
CWeO, WeWork India. The company plans to double the number of desks in India to 100,000
by end-2020.
Newspaper/Online ET Realty(online)
Date November 04, 2019
Link https://realty.economictimes.indiatimes.com/news/commercial/co-working-space-companies-go-on-fundraising-spree-to-fuel-growth/71889104
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Singapore-based Keppel Land recently invested $25 million in Smartworks Coworking Space, a
flexible space solutions provider, for a minority stake. “Institutional investors are still bullish on
alternative space providers, despite what has happened globally,” said Harsh Binani, its
cofounder.
Smartworks‟ fundraising comes amid the ongoing developments around WeWork.
“We are approached by capital and strategic partners to spur growth to meet a burgeoning
demand that will throw up profits, and not simply add seats as a valuation metric,” said
Abhishek Goenka, CEO, CoWrks, which is looking to raise capital to fund growth.
Leasing activity rose by more than 30% annually, crossing 47 million sq. ft. during January-
September this year, according to the CBRE South Asia Q3 office report.
Technology companies drove office space take-up and their share rose to 40% from 31%
earlier. Research, consulting and analytics companies (19%), and flexible space operators
(15%) followed technology firms, the report said.
The collaborative space segment has seen up to 300% growth in the last three years, with many
firms expanding aggressively across major cities. The trend is likely to continue this year too,
resulting in their share in overall leasing remaining high by end-2019.
This segment is expected to target secondary markets in tier I cities, along with major micro-
markets in tier II and tier III cities.
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Top listed realtors‟ residential sales jump two-fold since
demonetisation
“The housing space sold by the nine listed firms in the first quarter of the current fiscal
was nearly 17.5 million sq ft in a single quarter — slightly less than half the total space
sold in all four quarters of 2018-19.
Listed real estate developers have beaten the residential downturn blues so far this year.
Residential sales value of top 9 realty developers in the first quarter of 2019-20 stood at around
Rs 5,280 crore; in 2018-19, their sales jumped 159% compared with 2016-17, and also
surpassed the market's peak years of 2014-15 by 63%. The total sales value achieved by these
players in 2018-19 was around Rs 22,800 crore.
These companies have together sold around 44 million sq ft of residential space in 2018-19
against around 17 million sq ft in 2016-17— the demonetisation period — and 27 million sq ft
in 2014-15. Their sales have collectively grown by 63% since the housing market's peak years
of 2014-15, showed data from ANAROCK Research.
“The housing space sold by the nine listed firms in the first quarter of the current fiscal was
nearly 17.5 million sq ft in a single quarter — slightly less than half the total space sold in all
four quarters of 2018-19.
While the data for the three quarters of this financial year is still underway, we can expect sales
to be much higher,” said Anuj Puri, chairman, ANAROCK Property Consultants. The top listed
developers considered for analysing trends include DLF, Mahindra Lifespace Developers,
Godrej Properties, Oberoi Realty, Sobha, Puravankara, Prestige Estates, Brigade Enterprises
and Kolte Patil Developers.
“Homebuyers are returning to the market but given the uncertainty and trust deficit in the realty
sector, established and listed developers with strong execution track record are witnessing good
sales traction. Among the various offerings, ready to move in and near completion projects are
being preferred by homebuyers for this very reason,” said Rajeev Talwar, CEO, DLF.
________________________________________________________________
Newspaper/Online ET Realty(online)
Date November 05, 2019
Link https://realty.economictimes.indiatimes.com/news/industry/top-listed-realtors-residential-sales-jump-two-fold-since-demonetisation/71915252
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Government will guard interests of homebuyers: Uttar Pradesh
CM
He said every homebuyer in the state must get his or her house within a certain time-
frame as all hard-earned money goes in for the purchase of houses.
Uttar Pradesh Chief Minister Yogi Adityanath said on Monday that his government cannot
remain a mute spectator to homebuyers being duped by real estate companies and would guard
the interests of the buyers.
He said every homebuyer in the state must get his or her house within a certain time-frame as
all hard-earned money goes in for the purchase of houses.
Speaking at the inaugural function of first National Real Estate Regulatory Authority Conclave
in Lucknow on Monday, the Chief Minister further assured that his government will take every
positive initiative in this regard so that people will again start believing in this sector.
Union Minister of State for Housing and Urban Affairs Hardeep Singh Puri said that
implementation of Real Estate (Regulation and Development) Act, is a big step for the rights of
buyers and now history in the housing sector will be written as "pre-RERA and post-RERA
scenario".
He said Uttar Pradesh is the best-performing state as far as the flagship schemes of central
government are concerned.
He announced that very soon a real estate e-commerce portal will be launched and will be
operational on the occasion of Makar Sankranti in January.
Union Housing Secretary Durga Shanker Misra, State Chief Secretary R K Tewari and RERA
chief Rajive Kumar also attended the function.
________________________________________________________________
Newspaper/Online ET Realty(online)
Date November 04, 2019
Link https://realty.economictimes.indiatimes.com/news/industry/government-will-guard-interests-of-homebuyers-uttar-pradesh-cm/71895081
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Kolhapur: Over 80 building-related files cleared in special camp
The Kolhapur Municipal Corporation (KMC) had organised a similar camp in
September, during which 116 files were cleared.
A special camp organised by the town planning department on Saturday cleared 89 files
pertaining to various development-related permissions and certificates.
The camp was held at the town planning office in Rajarampuri‟s Bagal Market. The Kolhapur
Municipal Corporation (KMC) had organised a similar camp in September, during which 116
files were cleared.
However, the citizens demanded another camp owing to large number of files pending with the
department for quite a few months. According to the town planning officials, 106 applications
were made, of which 89 were cleared.
The applications were related to building permissions, scrutiny of building plans, occupancy
certificates, clearance to the layouts, division of land plots, permissions to architects, renovation
plans and providing maps and no-objection certificates.
A senior official of the department, on the condition of anonymity, said, “Owing to some
technical glitches, the files could not be processed for several months. Recently, the government
has set deadlines for each task to be performed. For instance, the building plans have to be
approved within a period of 90 days. However, at times, owing to the large number of proposals
and inadequate staff, the plans are not approved on time. We have decided to hold such special
camps at least once in three months so that the applications are cleared speedily.”
________________________________________________________________
Newspaper/Online ET Realty(online)
Date November 04, 2019
Link https://realty.economictimes.indiatimes.com/news/regulatory/kolhapur-over-80-building-related-files-cleared-in-special-camp/71888415
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Chandigarh administration approves layout, zoning of IT Park
towers
The officers‟ complex will have about 350 flats in 12 towers spread over 6.47 acres.
The UT administrator has finally approved the revised layout and zoning of the city‟s costliest
project to construct about 1,200 flats at IT Park. The Chandigarh Housing Board (CHB) will
construct the project at a cost of Rs 748 crore. It will be divided into two parts: one for the
Punjab, Haryana and UT administration officers and the other for the public.
The officers‟ complex will have about 350 flats in 12 towers spread over 6.47 acres. The
general residential complex will come up on 17 acres and have around 850 flats. The former is
likely to cost Rs 140 crore and the latter Rs 340 crore.
The officers‟ towers will be divided among the Chandigarh administration and the Haryana and
Punjab governments. Besides, 15% of the houses will be built for the economically-weaker
section (EWS). The Punjab and Haryana governments and the UT administration will purchase
these flats from the CHB. While the Haryana government has already given its consent to the
administration, there is no official agreement from the two others.
The project, to be built on 40% of the land, will include water, road, swimming pool and club
facilities, among others. While zoning it, the UT administration has underlined its various
features, including covered area, parking norms, construction regulations, water harvesting
project, tower height and green belts.
“The UT administrator has approved the project‟s zoning and layout plan. In both the
complexes, each flat will be of 74‟-6‟‟ and with floor area ratio (FAR) of 2. The towers will
have ground plus six floors. There was a demand of more floors in both these projects, which
Newspaper/Online ET Realty(online)
Date November 04, 2019
Link https://realty.economictimes.indiatimes.com/news/infrastructure/chandigarh-administration-approves-layout-zoning-of-it-park-towers/71891955
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has been rejected,” said a senior UT officer.
The flats will be constructed by the CHB‟s engineering department. The administration had
acquired around 123 acres of land in IT Park. Besides, area has also been kept for a hospital
site, a five-star hotel and other projects as per demand.
________________________________________________________________
Chennai: Three years on, Moulivakkam twin towers' buyers still
await refund
While banks have forwarded the buyers to debt recovery tribunal over non-payment of
equated monthly installments (EMIs), the developer has put the property up for sale.
Three years after the demolition of a 11-storeyed building, whose twin towers collapsed in 2014
at Moulivakkam, homebuyers who had invested in the property are still running from pillar to
post for refund of their life investments.
While banks have forwarded the buyers to debt recovery tribunal over non-payment of equated
monthly installments (EMIs), the developer has put the property up for sale.
Septuagenarian Ramamoorthy is one of the 76 buyers who lost his life's savings after his dream
home collapsed in seconds. The price range of apartment units varied from 55 lakh to 75 lakh.
"We had invested 60 lakh for booking a 1,400 square feet apartment. Our entire post-retirement
benefits went into buying the single apartment," the retired government employee said.
The twin multi-storey building complex named 'Trust Heights' had two towers titled as 'Faith'
and 'Belief'. As construction comprising 84 units with two and three BHKs was being executed
on full swing, the 11-storey 'Faith' collapsed on June 28, 2014, killing 61 persons, mostly
construction workers. Three years down the line, the state government pulled down the second
structure that stood a few metres away citing safety reasons on November 2, 2016.
Ratna Mishra, another homebuyer in Moulivakkam, said that most of the customers have paid
about 70% to 80% of their total payment. "We are suffering for no fault of our's. The
government authorities claim there were issues with the foundation of the structure after the
building collapsed. Why did the planning authority (CMDA) that provided approval for the twin
towers failed to monitor its constructions?"she asked.
Newspaper/Online ET Realty(online)
Date November 04, 2019
Link https://realty.economictimes.indiatimes.com/news/residential/chennai-three-years-on-moulivakkam-twin-towers-buyers-still-await-refund/71891570
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The homebuyers have filed a case with the National Consumer Disputes Redressal
Commission seeking refund of their investments even as bankers have filed cases against those
who availed home loan. "There is no support from the government to redress our grievances,"
Ratna said.
Meanwhile, the developer is attempting to sell the property to pay off buyers. M Manohar,
managing director of Prime Sristi Housing Private Limited which built the twin towers, could
not be reached for comments.
Odisha: Housing clusters for teachers in Malkangiri district
The place of building the cluster will be decided by the district administration
The state government will create housing clusters for teachers posted in remote areas
of Malkangiri district. School and mass education minister Samir Ranjan Dash said this here on
Saturday.
Dash had visited the district on Thursday and reviewed the works of his department. "During
my visit to Malkangiri, I was impressed by the interest of the people of the district towards
education. Problem of the area is lack of local teachers there. Teachers from outside have been
posted there. They take three hours to reach their school and another three hours to return home.
Getting rented house in the remote area is very difficult. So I suggested the district collector to
prepare a plan to set up housing clusters to help the teachers save time," he added.
Dash said one cluster will have around 10 quarters, so that at least 10 teachers can stay there.
The place of building the cluster will be decided by the district administration, he added.
"It will be my priority to start this project in the area. Chief minister Naveen Patnaik has
announced Rs 100 crore package for the development of Swabhiman Anchal of the district. We
can use fund from the Rs 10 crore of the package earmarked for education. We will start this
very soon," said the minister.
Dash said this project will help retain teachers in remote areas. The teachers will not face any
problem to stay in Swabhiman Anchal. He will take up the issue with the chief minister.
________________________________________________________________
Newspaper/Online ET Realty(online)
Date November 04, 2019
Link https://realty.economictimes.indiatimes.com/news/residential/odisha-housing-clusters-for-teachers-in-remote-malkangiri-district/71895218
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Andhra Pradesh to mandate ECBC implementation in buildings
with over 1,000 sq ft built-up area
Energy secretary Nagulapalli Srikant said Andhra Pradesh is committed to implementing
ECBC and a draft GO is also being prepared.
The state government is set to make implementation of Energy Conservation Building
Code (ECBC) mandatory in all commercial establishments and in buildings with more than
1,000 square metre built-up area.
It has prepared a draft government order and sent it for the comments of Directorate of Country
and Town Planning (DTCP). The GO is likely to come into force soon.
In a review meeting over implementation of ECBC with state officials, the director general
of Bureau of Energy Efficiency (BEE), Abhay Bhakre expressed concern over delay in its
implementation in commercial buildings. He appealed to municipal administration and urban
development department officials to take immediate steps to make implementation of ECBC-
2017 mandatory while issuing building permissions.
Energy secretary Nagulapalli Srikant said Andhra Pradesh is committed to implementing ECBC
and a draft GO is also being prepared. He said although a clause was incorporated in
development permission management system (DPMS) by municipal administration department
in October 2018, making it mandatory in DPMS software is still pending. He observed that once
the GO is cleared, it will be made mandatory and all building permissions will be cleared only
after ECBC compliance.
Srikant noted that Andhra Pradesh Electricity Regulatory Commission (APERC) estimated that
the building sector is consuming 3,117 million units of power every year. According to a recent
study conducted in the state by Administrative Staff College of India (ASCI), out of the 3,117
Newspaper/Online ET Realty(online)
Date November 04, 2019
Link https://realty.economictimes.indiatimes.com/news/regulatory/andhra-pradesh-to-mandate-ecbc-implementation-in-buildings-with-over-1000-sq-ft-built-up-area/71892447
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million units, 888 million units of power can be saved every year with the implementation of
ECBC, that translates into saving Rs 538 crore.
According to BEE, 30% of the total energy consumed can be saved by adopting ECBC. The
BEE has set a target to save 300 billion units by 2030 across the country. This would translate
into Rs 35,000 crore savings and reduction of 250 million tonnes of carbon dioxide released
into environment.
Bombay HC directs two Chittaranjan Nagar residents to vacate
premises
The HC made it clear they could not without valid reason obstruct redevelopment of
Chittaranjan Nagar Riddhi Siddhi Sahakari Griha Nirman Sanstha Maryadit by
Saptrishi Homes at Vidyavihar.
In an order that paves the way for an almost decade-old redevelopment plan to take off,
the Bombay high court directed two members of a housing society to vacate their premises in
four weeks. The HC held their argument that there was no general body meeting resolution to
appoint the builder as too “hollow” a ground to resist the project.
The HC made it clear they could not without valid reason obstruct redevelopment
of Chittaranjan Nagar Riddhi Siddhi Sahakari Griha Nirman Sanstha Maryadit by Saptrishi
Homes at Vidyavihar.
Pulkit Sharma and Sameer Chitnis, lawyers for the builder who had approached the HC for
interim relief, argued that the two residents be asked to vacate the premises since six others had
done so in June 2019.
The residents‟ lawyers, Vinod Bhadang and Suyash Gadre, argued the two residents were “kept
in the dark about the redevelopment agreement” and that there was “no general body
resolution” and, hence, the plan was “illegal and void”.
Justice G S Kulkarni, in his order on October 15 which was made available on October 25,
observed this was “a usual story of two minority members opposing redevelopment of a
society‟s premises.” The HC also noted their opposition to the lack of a GB resolution “is too
late in time.”
Newspaper/Online ET Realty(online)
Date November 04, 2019
Link https://realty.economictimes.indiatimes.com/news/regulatory/bombay-hc-directs-two-chittaranjan-nagar-residents-to-vacate-premises/71891213
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The society and builder had entered into an agreement in May 2015. The HC noted the process
to undertake redevelopment was initiated in 2010. The society, comprising eight members, had
passed a resolution at its GBM in March 2010. The HC order also noted one of the two
opposing residents had “herself proposed the appointment of a developer.”
The HC observed a minority section of members cannot oppose the majority will of the society
to undertake redevelopment.
“To my mind, the contentions as urged on behalf of—the two members—appear to be merely to
oppose these proceedings without an inch of reality in their contentions. If these respondents
had any genuine grievance against the society entering into a development agreement in
question, then as members of the society…they would have earnestly preferred appropriate
proceedings…” which admittedly they haven‟t initiated, noted Justice Kulkarni.
He added, “From the tenor of the arguments…it appears to a judicial mind that these are proxy
contentions being pursued by--the two members-- at the behest of someone…the contentions
appear to be that of a rival developer saying all this through respondents...”
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Uttar Pradesh government refuses to bail out UPPCL over DHFL
fiasco
“It is the responsibility of the trust and its chairman to ensure that the money of power
sector employees is taken care of properly,” UP energy minister Shrikant Sharma told
TOI.
The UP government on Monday said it had nothing to do with the money from the provident
fund of UP Power Corporation Limited (UPPCL) employees that was invested by the UP Power
Employees‟ Trust in the tainted Dewan Housing and Finance Corporation Limited (DHFL).
“It is the responsibility of the trust and its chairman to ensure that the money of power sector
employees is taken care of properly,” UP energy minister Shrikant Sharma told TOI. The
minister‟s statement came on a day when UPPCL chairman Alok Kumar, who also heads the
trust, proposed at an emergency meeting of the UPPCL board of directors that the corporation
meet the shortfall in paying the PF and gratuity to the retiring employees.
Over Rs 4,000 crore has been invested by the trust in DHFL. While less than 50% of this
amount has been recovered, a whopping Rs 2,268 crore is still with DHFL.
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Newspaper/Online ET Realty(online)
Date November 04, 2019
Link https://realty.economictimes.indiatimes.com/news/industry/uttar-pradesh-government-refuses-to-bail-out-uppcl-over-dhfl-fiasco/71915335
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Can Fin Homes' profit rises 20% to Rs 97.6 crore in Q2 FY20
The company's had posted Rs 81.55 crore net profit in July-September quarter previous
fiscal.
Can Fin Homes on Monday reported 20 per cent rise in net profit to Rs 97.62 crore for the
second quarter ended September 30.
The company's had posted Rs 81.55 crore net profit in July-September quarter previous fiscal.
Total income from operations rose to Rs 500.67 crore during the second quarter, from Rs
421.83 crore in the same period of 2018-19, Can Fin Homes said in a regulatory filing.
The company's main business is to provide loans for purchase and construction of residential
houses.
Can Fin Homes at its annual general meeting held on July 17, 2019 has approved the payment
of dividend towards financial year ended March 2019 of Rs 2 per equity share, it said.
The promoter of Can Fin Homes is Canara Bank, which holds 29.99 per cent stake in the
company, as on September 30, 2019.
Stock of Can Fin Homes jumped 4.28 per cent on the BSE to Rs 422.85.
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Newspaper/Online ET Realty(online)
Date November 04, 2019
Link https://realty.economictimes.indiatimes.com/news/allied-industries/can-fin-homes-profit-rises-20-to-rs-97-6-crore-in-q2-fy20/71895868
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NRI buyer allege cheating by Nagpur-based Empress City in flat
sale
A native of Balaghat, Rathour lodged a complaint with Ganeshpeth police station on
October 11, and forwarded it to the PMO on October 20.
Bahrain-based NRI Ashis Rathour has lodged a complaint with the Prime Minister‟s Office
(PMO) and Ganeshpeth police station, alleging he was cheated by developers of Empress City.
Police have started investigation. The developer has denied all allegations and assured to
resolve all issues soon.
A native of Balaghat, Rathour lodged a complaint with Ganeshpeth police station on October
11, and forwarded it to the PMO on October 20. “I planned to settle in Nagpur after retirement.
I came to know about Empress City and booked a flat costing Rs 54.40 lakh. I paid 25% of the
amount and received allotment letter on August 26, 2010,” said Rathour.
The allotment letter was issued by „Reward Real Estate Co Ltd‟, and not actual developer KSL
and Industries Ltd. “I was assured possession in two years. After regular follow-up, I was asked
to pay up to 85% of total flat cost, which I did in 2017 and 2018. I was supposed to pay
remaining amount after getting possession and sale deed. I was called for agreement to sale in
July,” said Rathour.
He even stayed in Nagpur for 15 days and was supposed to return on July 23. However, the
agreement to sale was delayed for one or the other reason. “The developer knew I was to return
on July 23, so they called me on that day. They did not allow me to read the document before
registering it at the registrar‟s office. They assured me the flat, area, cost, sanctioned plan etc
Newspaper/Online ET Realty(online)
Date November 04, 2019
Link https://realty.economictimes.indiatimes.com/news/regulatory/nri-buyer-allege-cheating-by-nagpur-based-empress-city-in-flat-sale/71884527
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were as per allotment letter. I signed the document and took a copy and flew back. After
reaching, I read the agreement to sale and realized I was cheated,” he said.
Rathour had been promised flat number DZ 308 in Dreamz Wing as per allotment letter
from Reward Real Estate Co Ltd. But the agreement to sale mentions different flat (no. 304)
and name of seller was also changed to Kaushal Logistics Pvt Ltd. The sanctioned plan attached
with the allotment letter, and the one with the agreement to sale were also totally different.
“I was shocked to see these changes. The developer assured to revise the agreement whenever I
visited Nagpur. I came to Nagpur in October but the developer failed to give me sanctioned plan
and other details. They cheated me and I had no option but to lodge complaints,” he said.
PI Shivram Kumbhre said he has accepted the complaint and started investigation. “We sent
letters to registration department and some more places seeking information. It seems to be a
civil matter and related to RERA. But we are investigating and will take necessary action,” he
said.
Pravin Tayal of Empress City said the complaint lodged by Rathour was totally wrong and all
issues will be resolved soon. “Rathour is bargaining for a bigger flat, which is under
consideration. We executed agreement to sale with him and will give possession of flat. Rathour
is yet to pay entire amount. The scheme in which Rathour was given flat is sanctioned by
competent authority,” he said.
Empress City Flat Owners Association had filed a petition before National Consumer Disputes
Redressal Commission (NCDRC) over various issues. The case is pending.
NMC too had issued notice to the developer for unauthorized constructions in Empress City and
mall. Property tax and water bills worth crores are overdue. Bank of India too had marked the
mall for auction over non-payment of loan.
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