olbz rkyqdk gkÅflax lkslk;vhl~ jhog;w - vasai taluka ... or allotment letters in the tanvi eminence...
TRANSCRIPT
SSCIN : U65922MH1996PLC101035
022 - 26 24 85 65
www.swagathfc.com
A-1/207, Laram Centre, Above Federal Bank,
Opp. Platform No. 6, Andheri (W),
Mumbai - 400 058.
9820601894 / 26248565
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6.5 % PER ANNUM INTEREST SUBSIDYSCHEME OF GOVT. OF INDIA
olbZ rkyqdk gkÅflax lkslk;Vhl~ jhOg;w
“HOUSING FOR ALL”
Your dream Home can become a reality
THROUGH
March 2018 VOL.07 Issue 12
VASAI TALUKA HOUSING SOCIETIES REVIEW
Vasai Taluka Housing Societies Review 1 March 2017
Vasai Taluka Housing Societies Review 2 March 2017
Vasai Taluka Housing Societies Review 3 March 2017
Housing Societies Facilitator
“GET NOTICED ” ONLINE VISIT: www.hshub.in
HS HUB; A DEDICATED PLATFORM, WHERE SOCIETY MEETS ARCHITECTS, INTERIOR DESIGNERS, STRUCTURAL CONSULTANTS / AUDITORS AND EXPERTS FROM VARIOUS FIELDS, PMC, LAND SURVEYORS, QUANTITY ESTIMATORS, SERVICE PROVIDERS, VENDORS, INTERIOR DECORATORS, CONTRACTORS, TECHNICIANS FOR THEIR DAY TO DAY NEEDS.
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UPLOAD “TENDERS” FOR REDEVELOPMENT & MAJOR JOBS, ALSO UPLOAD “JOB REQUIREMENTS”, FOR APPOINTING CANDIDATES LIKE SUPERVISIORS, ENGINEERS, ESTATE MANAGERS ON PART/FULL TIME BASIS AND MANY MORE
ONE SOLUTION FOR HOUSING SOCIETYSTOP
Vasai Taluka Housing Societies Review 4 March 2017
:
Annual Membership : Rs. 500/-(Society & Individual)
MOST IMPORTANT
SOCIETIES REVIEW
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Dear Members,
Since this is a festive month, I took this opportunity to wish you Happy Holi , Rangpanchami and Gudhi Padva. As you are aware government is declaring various policies in respect of the Reality Sector to achieve the goal of 'Housing for All by the year 2022' but still lack far behind the goal for one or another reason.
Recently the Hon'ble High Court has given a land mark judgment regarding the members obstructing in the re-development project. I welcome this verdict of the Hon'ble High Court. Now this verdict would pave the way for many stranded re-development project in the city because of the rugged stand taken by few members in the society.
I want to share with you one case viz. Tanvi Eminence Owners Welfare Association & others represented by me before the MahaRERA Authority. A group of 181 allottees who have booked/purchased apartments via registered agreements for sale or allotment letters in the Tanvi Eminence Phase 1 and Phase 2 situated at Mira Road, Thane. The complainants have, in their complaints, alleged that even though the said project was started in 2009, the developers have failed to complete the construction and handover possession of their apartments till date.
After hearing my argument on the said case, Hon'ble Chairman of MahaRERA Shri Gautam Chattedrjee gave his judgment that the developer shall handover possession of the apartments, with Occupancy Certi�icate, to the allottees before the period ending December 31, 2019, with a further grace period of 3 months for mitigating factors as mentioned in the said consent ..
Continue on Page No. 17
CONTENT Page
G.S.T. Applicable on Home Purchase and... 08,
Learn About Stilt Parking Ownership in Society 10,
Members of Co-operative Housing Society 12,
Who Decided the Period of Registration of Project 16,
Rotary Club of Mumbai Green City - Swachh Mumbai 20,
Builder rapped for failing to provide flats on time 22
AREA WISE MahaSeVAK | MahaSevikaProvide Services to MahaSeWA members
Sr. No Area Mahasevak/ Sevika Name Contact No
1 MahaSeWA Of�ice Komal Makwana 9082165946/9653654980
2
MahaSeWA Of�ice
Minal Shigvan
9082165946/9653654980
3
Marine Lines / Bandra (W)
Sudhir Suvarna
8291945511/9082165946
4
Dadar (W)
Santosh Ganpat More
8976332520/9653654980
5
Worli
Varsha Dubey
9833325672/9082165946
6
Matunga / Sion
Jitendra Panchal
7506754303
7
Matunga
Murugan
Muthiah
8655160577/9930752751
8
Khar (E)
Ramesh Dhamdhere
9323400449/9082165946
9
Santacruz (W)
Babita Mali
9892098629
10
Mumbai
Avinash Sathe
9324089046
11
Andheri (E)
Umashankar Kulal
9323431194
12
Andheri (W)
Harshada More
9819407171
13
Jogeshwari (E)/Goregaon (W)
Sameeruddin Shaikh
9699555806
14
Goregaon (W)
Manju Tiwari
7208192781
15
Goregaon (E)
Ajit Shah
8779819599/9082165946
16
Malad (W)
Joachim Fernandes
9869570555
17
Malad (E)
Kiran Gupta
8425003519/7977915548
18
Kandivali (E)
Gilbert Fernandes
9867687055/7506592034
19
Kandivali (W)
Sanjay Rathod
8291280386
20
Kandivali (W) Charkop
Vijaykumar
Patkar
8767334919
21
Kandivali (W)
Rupeshkumar Kosambi
9167198709
22
Borivali (W)
Ajaykumar Shah
7977937219/9987821168
23 IC,Lic colony to marian college
Borivali (W) Narendra Patkar
9833967434
24 Chandravarkar RD to Posiar
Depo Link Rd Cynthia Pujara
8767334918
25 Gorai Shashikant D Vedpathak 9222725266/8976603430
26 Borivali (E) Santosh Dabholkar 8879693567
27 Dahisar (E) Cyril Pinto 9820291514/8828585619
28 Dahisar (W) Bhavna Pandya 9967840406
29 Dahisar (W) Meera Solanki 9324340677
30 Dahisar Cheknaka Highway Jayesh B Varia 9322935221 31
Miraroad
Nirmal Yalvatti
9146989267
32
Miraroad Bhayander (E)
Vivek Dound
9323853565/7498663687
33
Mira road
Irfan jakir
9867183465/9653654980
34 Bhayander (W) Dharini Agarwal 9967980889
35 Bhayander (W) Manish Tiwari 7738043359
Vasai Taluka Housing Societies Review 6 March 2017
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Vasai Taluka Housing Societies Review 7 March 2017
G.S.T. APPLICABLE ON HOME PURCHASE AND BENEFIT OF INPUT CREDIT ON IT
There is a lot of confusion among many property buyers about the applicable GST rate. Let us understand the applicable GST rate on real estate or property purchase at both levels of under construction property and completed property.
GST means Goods and Service Tax which is stimplemented by the Central Government since 1
July, 2017. Up to last year December, there was a lot of confusion regarding the applicable GST rate on real estate or property purchase. However, the Central Board of Excise and Customs (CBEC) recently issued a clari?ication regarding the applicability of Goods and Services Tax on the under construction and ready-to-move-in property.
Now let us understand where the GST is applicable on real estate. As I said above, there was a huge confusion among property buyers due to no clarity in this front. Many builders created some fear among buyers that post GST the property values will go up and hence better to buy it before GST. And now after the GST is implemented, to attract the ?lat purchasers they are advertising that No GST.
This will create confusion among the people. I clearly state herewith through this article that there is no reason to increase in prices due to GST. Earlier no return was given on the payment of excise duty, custom duty etc. which were paid on raw materials and in addition Value Added Tax and Service Tax had to be paid extra. While manufacturing a product tax have to be paid on the raw materials or services and return of that
CA. Ramesh S PrabhuMob.: 9820106766
Email : [email protected]
t a x e s w i l l g e t a f t e r ?inalizing the product, this is called input credit, this input credit should have to passed it to the consumers but many manufacturers did not passed it.
What is Input Credit? Input Credit means the tax deducted from the taxes you have already paid for the production of that product. For example you are manufacturer, the due tax on the ?inal product is Rs.450/- , you have already paid Rs.300/- as tax while manufacturing that product by various way like excise duty, custom duty, service charges etc. You can claim that Rs. 300/- , i.e. input credit and by deducting Rs.300/- you have to pay only Rs.150/- as GST.
We take one more example in respect of purchasing ?lat. The rate of the ?lat per sq. ft. is Rs. 4000/- and by charging 12% GST on it, he was taking Rs. 4480/- from the Consumers. Raw Materials like steel, cement etc. is included in Rs.4000/- The Developer is pay-ing 28% GST on these raw materials and simi-larly 28% on the services he has taken from the Contractor, Architect, Engineer, C.A. etc.
It means total cost of the construction of 1 sq. ft. is Rs.3370/-. The pro?it of the developer is Rs.630/- per sq. ft. On the above cost the developer has already paid Rs.280+90 = Rs.370/- as GST. And he has already taken return of it, still he is included it in the construction rate. According to GST law the developer should have to pass this bene?it of input
Vasai Taluka Housing Societies Review 8 March 2017
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Vasai Taluka Housing Societies Review 9 March 2017
credit to the consumer but he did not do this. Instead of charging Rs.480/- as GST on the consumers, the developer should have to charge Rs. 110/- as GST by deducting input credit Rs.370/- from Rs.480/-. To protect the consumers from this loot the Central Government has formed
Anti Pro?iteering Authority under section 171 of the GST Act. If the developer is not giving the bene?it of the Input Credit to the Consumer then the consumer can seek justice from the Authority. Even MahaRERA has given justice in two to three cases in this regard.
LEARN ABOUT STILT PARKING OWNERSHIP IN SOCIETY
Q. What is Stilt Parking Ownership in Society?
Ans. As per the Maharashtra Ownership Flats Act, 1963, the stilt, podium, covered, open and all types of parking are the property of the society on its registration and the society gets the right to allot and regulate the parking as per the provisions of the registered bye-laws of the society.
However, as per the Maharashtra Real Estate (Regulation and Development) (Registration of real estate projects, registration of real estate agents, rate of interest and disclosure on the website) Rules, 2017, (MahaRERA Rules) the promoter or the builder has the right to sell the covered car parking which means the stilt, mechanical, podium, basement, etc.
However, the open car parking cannot be sold under MahaRERA Rules. Such open parking becomes the property of the society on its registration and the society will be able to allot such car parking.
Q . W h a t i s t h e d i ff e r e n c e b e t w e e n Maharashtra Apartment Ownership Act 1990, Maharashtra Ownership Flats Act, 1963, and Maharashtra Co-operative Societies Act, 1960. And, why is Maharashtra Co-op. Societies Act the only popular vehicle used for registration?
Ans. The Maharashtra Ownership Flats Act, 1963(MOFA, 1963) is an act implemented in Maharashtra since 1964, to regulate the builders who used to construct and sell the ?lats to different ?lat purchasers. The act provides for various obligations to be ful?illed by the developer in the real estate project such as formation of legal entity to manage the
affairs of the complex after the building is
completed and the possession is handed over to
the purchasers. The bear minimum amenities are
to be provided in the complex and then convey the
land and building in the name of the legal entity
formed for the management of the complex.
Section 10 of MOFA, 1963 provides that the
promoter (Builder) should make an application to
form the co-operative society as soon as he sells
the minimum members required to form the
society. In case, the ?lat owners want that the
company or Association of Apartment need to be
formed, then the builder may do so. Thus, there
are three forms of organisation for management
of the complex (1) Co-operative society registered
under Maharashtra Co-operative Societies
Act,1960 (2) Company under Companies Act,
2013 and (3) Condominium under Maharashtra
Apartment Ownership Act, 1970.In Mumbai, all
the members are happy with the working of the
Co-operative housing society as a popular form of
legal entity to manage the complex.
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Vasai Taluka Housing Societies Review 10 March 2017
STRUCTURAL AUDIT OF BUILDINGS ----- Save life Save Property?
Faulty design, Load on structure, poor construction quality Internal
and external forces
Leads to
UV rays FireChemicals MoistureVandalism Modi?cation in structure
To save human life and buildings.
To understand the condition of building.
To find critical areas to repair immediately,
like damages, corrosion
To comply with statutory requirements.
To enhance life cycle of building by
suggesting preventive and corrective
measures like repairs and retrofitting.
As per clause No.77 of revised model Bye- Laws of Cooperative Housing Societies:
1. For building aging between 15 to 30 years once in 5 years2. For building aging above 30 years once in 3 years3. As per municipality-it is mandatory for building aging 30 year +.
Purpose of Structural Audit
Bye-Laws of Cooperative Housing Societies
To know the health of the building and to protect / project the expected future life.To proactively assist the residents and the society to understand the seriousness of the problems and the urgency required to attend the same.We have BMC, TMC, PMC, NMMC licensed Structural Engineers.Cost on audit saves you in lakhs during repairs.It fulfills legal compliance requirements.
Advantages of Structural Audit
Beam crack Exposed slab
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Methodology of Structural Audit
1. Inspection of all the elements of structures like column, beam & slab.
2. Inspection of overall building and surrounding including each and every at.
Technology to access structural strength,stability, integrity of concrete.1. Schmidt rebound hammer testing2. Ultrasonic pulse velocity testing3. Cover meter testing4. Half-cell potentiometer testing5. Carbonation6. Core study & Chemical test
A report of the results of an inspection and NDT of a building shall comprise(a) a detailed description of the visual inspection and any full structural investigation of the building conducted by the structural engineer;(b) analyses of observations and every test conducted in the course of any full structural investigation of the building; &(c) recommendations by the structural engineer as to such building works as are necessary to ensure the structural stability or integrity of the building.
Inspection NDT Testing Report
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Vasai Taluka Housing Societies Review 11 March 2017
MEMBER OF CO-OPERATIVE HOUSING SOCIETY: WHAT IT MEANS
CA. Ramesh S PrabhuMob.: 9820106766E-mail : [email protected]
Almost everyone of us are a part of co-
operative housing societies. But, what exactly are the roles
and responsibilities of a CHS member?
Ramesh S. Prabhu explains in detail
co-operative can be described as an Aorganisation set up for the bene?it of its members. Each member plays important
role in the functioning of the organisation. If we look at a housing co-operative society, we can say that it is a small housing association run along co-operative principles. It is owned and managed by the members of the co-operative. Being a key person in this co-operative organisation, one should know the concept of a co-operative society member in details.
A. MEMBERS IN A CO-OPERATIVE HOUSING SOCIETY ARE MAINLY CLASSIFIED INTO FIVE TYPES:
(1) Member: Who has right, title and interest in the ?lat or property of the society. Normally, the agreement for purchase of ?lat is in their name and share certi?icate is also issued in his name for 10 shares of Rs 50/- each. They are also called original member, primary member, ?irst member.
(2) Associate member :Whose name stands second or third and so on in the share certi?icate. As per Model bye-laws approved by the commissioner in 2014, to become an associate member, he should have interest in the ?lat as joint owner. Prior to 2014, the societies used to admit any relatives of the member as associate member by accepting entrance fees of Rs .100/-
(3) Nominal Member: Whom the society admits on the recommendation of the member by accepting entrance fees of Rs.100/- and whom the ?lats are given on rental basis. They do not have
any rights of member or associate member. They cannot attend the general meeting and also cannot contest the election.
(4) In order to get the voting rights, the member should be classi?ied as Active member.
a) “Active Member” can be described as below :
(i) One who has purchased or holds occupancy right of a Flat in the Society and holds the shares and interest in the capital and property of the society
(ii) One who attends at least one General Body Meeting of the Society in the previous ?ive consecutive years. Provided that nothing in this clause shall apply to the members whose absence has been condoned by the General Body Meeting of the Society;
(iii) Who has paid the Society Maintenance Service and other charges regularly. (A member who makes the full and ?inal payment of dues to the society within 3 months from the date of service of notice in writing demanding the payment of dues)
(5) Non-Active member: A member who does not ful?ill any of the above conditions shall be classi?ied as non-active member. Non active members will not be allowed to vote in any of the meetings till such member is reclassi?ied as active member.
B. RIGHTS OF MEMBERS AND ASSOCIATE MEMBERS:
Vasai Taluka Housing Societies Review 12 March 2017
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Vasai Taluka Housing Societies Review 13 March 2017
- Opening Branch at Dahisar (East)
MahaSeWAMAHARASHTRA SOCIETIES WELFARE ASSOCIATION [MahaSeWA]
SHREE SATYAM CHS, No. 3, Ground Floor, Near Corporation Bank, Dahisar (East), Mumbai - 400 068.
HELP LINE 022 - 2898 0414 FOR ALL HOUSING SOCIETIES PROBLEMS
(1) To receive the notice and attend the Annual General Body meeting and the Special General Body meeting.
(2) To contest the election to become the member of the managing Committee. Associate member whose name appears in the share certi?icate second can contest the election by taking the No objection certi?icate in form No.10A from the member.
(3) To Occupy the ?lat
(4) To nominate or make the will
(5) To transfer the ?lat and the shares
(6) To get the Copy of the Bye-laws, Audit Report & Inspection of Books & Records and getting copies thereof.
(7) A Member may resign from Membership, after giving three months notice in the prescribed form to the Secretary of the Society as provided under Rule 21(1) of the MCS Rules, 1961
(8) Members have right to Exchange the Flats.
(9) Members may sub-let or give the ?lat on care taker basis.
C. DUTIES OF THE MEMBER AND THE ASSOCIATE MEMBER:
(1) To pay the entrance fees of Rs.100 and the share capital amount of Rs.500/- towards the 10 shares of Rs.50/- each and also pay any additional contribution towards the share capital as and when decided to raise share capital.
(2) To attend the General body meeting.
(3) Every Member shall keep his ?lat / unit/ tenement in good maintenance.
(4) Pay the maintenance and dues of the society regularly.
(5) Repair the leakage from the ?lat ?lowing to another ?lat.
D. RESTRICTIONS O N THE MEMBERS:
(1) No Member of the Society shall assign, mortgage or create any charge on his occupancy right in the ?lat without the previous permission in writing of the Society.
(2) No Member shall, without the previous permission of the Committee in writing, make any additions to or alterations in his ?lat.
E. A MEMBER MAY BE EXPELLED FROM THE MEMBERSHIP OF THE SOCIETY IF SUCH A MEMBER:
(a) has persistently failed to pay the charges due to the Society,
(b) has willfully deceived the Society by giving false information,
(c) has used his ?lat for immoral purposes or misused it for illegal purposes habitually,
(d) has been in the habit of committing breaches of any of the provisions of the bye-laws of the Society, which, in the opinion of the Committee, are of serious nature,
(e) has furnished false information or omitted to furnish the material information to the Registering Authority at the time of registration of the Society.
(f ) A Non-Active Member who has continued as such non-active member for the period of ten years ormore as provided in the third provison to section 26(2)(b) of the Act.
Vasai Taluka Housing Societies Review 14 March 2017
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Vasai Taluka Housing Societies Review 15 March 2017
WHO DECIDES THE PERIOD OF REGISTRATION OF A PROJECT WITH RERA?Q. Requesting you to please guide us on GST chargeable to buyers, what % is to be charged and can we take input credit from the same?A. You have to charge 12% to the customer or buyer on the entire cost of ?lat including land cost as work contractor.
All input credit on GST paid on cement, steel, professionals etc., even if they are more than 12%, say 18% paid, will be available as input credit.
Q. Considering a scenario where a real estate project has 2 phases. Full Occupation Certi?icate is already obtained for building constructed in phase 1. Building Plans are yet to be approved for Phase 2. When should such a project be registered with the authorities?Is it required to register or disclose such project under RERA immediately or only after approval of Phase 2 or only when developer intends to market/sell units in this phase 2?
A. Since phase 1 is completed with OC prior to 1st May 2017 (before commencement of Real Estate (Regulation and Development) Act, 2016 so the phase 1 is not required to be registered with RERA authority. Only the phase 2 where the building plan is under process for approval can be registered with RERA authorities, only after getting the sanction of the plan for phase 2. Phase 2 would be required to be registered only when the promoter wants to market or sell the ?lats. So long as you do not want to advertise or market or offer for sale any units in phase 2, you need to register with RERA. Thus, the minimum eligibility to register your phase 2 project is approved plan and it requires to be registered only when the promoter wants to market phase 2 ?lats.
Q. What happens if the real estate project is not registered as required under the Act?
A. (1) Cannot Advertise, Market or sell the apartment/ Plot: As per section 3 of the Act, the
promoter cannot in any manner book, advertise, offer for sale or market or sell or Invite in any manner persons to purchase any unit or plot till grant of registration.
(2) Levy of Penalty for non registration: As per section 59(1) of the Act, if any promoter contravenes the provisions of section 3, he shall be liable to a penalty which may extend up to ten per cent of the estimated cost of the real estate project as determined by the Authority.
(3) Imprisonment for not complying with orders and decision of the Authority: As per section 59(2) of the Act, if any promoter does not comply with the orders, decisions or directions issued under sub-section (1) or continues to violate the provisions of section 3, he shall be punishable with imprisonment for a term which may extend up to three years or with ?ine which may extend up to a further ten per cent. of the estimated cost of the real estate project, or with both.
(4) Compounding of Offence by paying additional penalty: As per the table under Rule5(1) of Maharashtra Real Estate (Regulation and Development) (Recovery of Interest, Penalty, C om p en s at i on , F in e payab l e , For m s of Complaints and Appeal, etc.) Rules, the court may, for the purposes of compounding of any offence committed under section 59(2) read with section 70 regarding the compounding of offence, accept a sum of money of 5 percent which may extend up to 10 percent of such estimated cost.
Q. What is the period of registration of project? Or who decides the period of registration of the project with RERA ?
A. As per section 4(2)(l), every promoter at the time of application for registration of the project is required to submit a declaration in the
Vasai Taluka Housing Societies Review 16 March 2017
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terms, failing which the developer shall be liable to pay to the allottees, interest on delay, post the end of the said period till the actual date of possession, on the entire amount paid by the allottees.
The said interest shall be at the rate as prescribed under Rule 18 of the Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rate of Interest and Disclosures on Website) Rules, 2017.
I am happy that I bring light on the faces of these
middle class people who have invested their hard earned money in purchasing new �lats.
I appeal to all readers to avail the services rendered by our association right from representing before MahaRERA, representing before Competent Authority for Deemed Conveyance, other issues pertaining to the co-operative societies, mandatory co-operation education and training programme for co-operative societies etc.
With Best Regards,
With Best regardsV. Viswanathan, Secretary
Continued from page No. 06
Website : www.vasaihousingfederation.com I [email protected]
terms, failing which the developer shall be liable to pay to the allottees, interest on delay, post the end of the said period till the actual date of possession, on the entire amount paid by the allottees.
The said interest shall be at the rate as prescribed under Rule 18 of the Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rate of Interest and Disclosures on Website) Rules, 2017.
I am happy that I bring light on the faces of these
middle class people who have invested their hard earned money in purchasing new ?lats.
I appeal to all readers to avail the services rendered by our association right from representing before MahaRERA, representing before Competent Authority for Deemed Conveyance, other issues pertaining to the co-operative societies, mandatory co-operation education and training programme for co-operative societies etc.
With Best Regards,
CA. Ramesh S Prabhu, Chairman, MahaSeWAE-mail : [email protected]
Continued from page No. 06
www.vasaihousingfederation.com � [email protected]
prescribed form. Rule 3(6) of Maharashtra Real E s t a t e ( R e g u l a t i o n a n d D e v e l o p m e n t ) (registration of real estate projects, registration of real estate agents, rate of interest and disclosures on website) Rules, has prescribed form B.
As per section 5(3) of the Act, the registration granted by the Authority under this section, shall be valid for a period declared by the promoter under sub-clause (C) of clause (1) of sub-section (2) of section 4 for completion of the project or phase thereof, as the case may be. Thus, at the time of applying for registration, the promoter need to work out the complete project details as under in consolation with the professionals and the contractors to be involved in the project:
(a) Advocate having an experience of 10 years standing: in consultation with the Architect, the development control rules under which the project will be developed, the approval or permissions required to be obtained before applying for registration of the project, the approvals or permissions or sanctions to be obtained after the registration of the project along with the statutory time within which the sanctions will be received, documents required for getting such sanction, different milestones for the completion of the project, time and funds required to complete each milestones, quarterly fund ?low statements.
(Ramesh S. Prabhu is Chairman, Maharashtra Societies Welfare Association)
Vasai Taluka Housing Societies Review 18 March 2017
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Vasai Taluka Housing Societies Review 19 March 2017
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ROTARY CLUB OF MUMBAI GREEN CITYTH THSWACHH MUMBAI SEMINAR & EXHIBITION - 16 & 17 FEBRUARY 2018
The Rotary Club of Mumbai Green City held a
second seminar-cum-exhibition, within 15
months, onS wachh Mumbai: Segregation,
Treatment, Recycle and Disposal of Solid
Waste, on 16th-17th February at SNDT Women's
University Campus, Juhu. The target audience,
which comprised about 200, was the citizens of
Mumbai residing in various housing societies.
It was inaugurated by Dy. Commissioner of
MCGM for Solid Waste Management, Shri Vijay
Balamwar. He, along with other speakers from
the Municipality at the seminar, Shri Pundlik
Awate and Shri Subhash Dalvi, appraised the
audience on new policy & regulatory frameworks,
projects in pipeline for cleaning the city and the
challenges at hand, and were appreciative of
Rotary's efforts at spreading awareness.
The seminar addressed multiple thrust areas
ranging from a general purview of the problem, to
the various experiments being conducted in this
?ield by Institutes such as IIT and Institute of
Chemical Technology, to solutions offered by the
corporate sector and NGOs forw aste to energy
conversions, to presentations by several housing
society representatives on thseuicr cessful
endeavors in segregation and composting.
Some of the eminent speakers included Prof.
G.D.Yadav, Vice Chancellor of the Institute of
Chemical Technology, Dr. Rakesh Kumar,
Director NEERI, Prof. Shyam Asolekar of IIT
and Shri Ashwin Shroff, Chairman Excel
Industries.
The second day of the seminar was inaugurated
by Dr. Shashikala Vanjari, Vice Chancellor of
SNDT University, who gave assurance that her
University will coordinate with Rotary to
implement the swachh drives within the campus.
Governor (2018-19) of Rotary District 3141,
which is the apex body of about 90 Rotary
Clubs in Mumbai, Shri Shashi Sharma
committed to take up this mission as a priority
thrust area in his tenure. Program logistics was
enabled by The Indian Environment Association,
Maharashtra Societies Welfare Association &
Depts. of Extension Education and Resource
Management – SNDT University.
The seminar was informative and comprehensive
and highlighted the need for a joint cooperation
between citizen, academia, corporate and
government for achieving a Swachh Mumbai.
Even as the problem was gigantic, the seminar
held out a strong message of hope.
Vasai Taluka Housing Societies Review 20 March 2017
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Vasai Taluka Housing Societies Review 21 March 2017
Builders rapped for failing to provide ?lats on time
n three separate orders, the Maharashtra Real IEstate Regulatory Authority (MahaRERA) has
taken stern action against three builders,
including full refund of ?lat buyers' money along
with interest, who failed to provide possession of
housing projects in Mumbai and Pune on time.
In the ?irst case, Bhalchandra Kapadnis, member,
MahaRERA, directed Firoz Tinwala and his son,
Mustafa, who run a construction ?irm, to pay
interest on money collected from six ?lat buyers in
their Ashra?i Towers project in South Central
Mumbai. Amit Malik, Shankar Kamble, Nasir,
Shakir Patel and Jameruddin Shaikh were assured
possession of ?lats between May 2013 and
September 2014.
However, the Tinwalas revised the possession
date to February 1, 2021 on the MahaRERA portal.
Irked by the delay and subsequent change in
possession date, the buyers approached
MahaRERA seeking interest on investments from
the initial date of possession. Holding that the
home buyers were entitled to interest if they
continued in the project under Section 18 of Real
Estate (Regulation and Development) Act,
Kapadnis directed the developer to pay interest
on amounts ranging from Rs 15 lakh to Rs 35 lakh
already paid by the home buyers.
In another case, Kapadnis directed Marvel Sigma
Homes Pvt Ltd and Runal Developers to refund Rs
2.11 crore, plus 10.15 per cent interest, to Mona
Pande, a home buyer, for failing to give possession
of a ?lat she booked in Marvel Cascada project in
Balewadi, Pune, on time.
In her complaint, she said she was promised
possession by December 31, 2016, and wished to
withdraw from the project.
Kapadnis observed that since she wished to
withdraw from the project, she was entitled to get
her money refunded under section 18 of RERA
Act.
“The respondents have defaulted in delivering
the possession of the ?lat on the agreed date.
Therefore, the complainant cannot be made
liable to sustain this loss,” Kapadnis observed
in the order.
In a third case, Kapadnis awarded refund of
investments made by six home buyers who had
booked ?lats in Darode Jog Homes Pvt Ltd
Padmanabh Phase–I at Dudhalgaon in Pune.
Kavita Rasal, Mangesh Deshpande, Dwarkadas
Mule, Rutuja Deshmukh, Rekha Girne, and Vinod
Choudhary, had booked apartments paying
amounts ranging from Rs17-29 lakh in the
housing project and wished to withdraw from the
project two years after the promised possession
date of December 2016.
During the hearings, the developer blamed global
recession and lack of sales for failing to deliver on
time, and proposed paying compensation of Rs
5,000 per month from January 2017 till the actual
possession.
However, Kapadnis ruled that the developer was
liable to refund their investments along with the
registration charges and taxes at 10.15 per cent
interest.
Source : Mumbai Mirror | 03/03/2018
Vasai Taluka Housing Societies Review 22 March 2017
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Vasai Taluka Housing Societies Review 23 March 2017
ADVISABLE TO FORM AN ASSOCIATION TO FILE A COMPLAINT BEFORE RERA
Tanvi Eminence Owners Welfare Association get justice from MahaRERA
In a landmark order, the Maharashtra Real Estate Re gu la t or y Aut ho ri t y ( M a h a R E R A ) h a s succeeded in negotiating a settlement between the d e v e l o p e r a n d h o m e buyers of Tanvi Eminence housing project in Mira
Road, stalled since 2013 because of a squabble between the four promoters. The project now has a completion deadline of end-2019. This is the ?irst time anywhere in India that a RERA regulatory authority has played an active role in putting a housing project, stalled four years before the RERA Act came into effect, back on track, giving relief to hapless home buyers.
CA Ramesh Prabhu Chairman, Maharashtra Societies Welfare Association has formed Tanvi Eminance Owners Welfare Association and Represented the matter before MahaRERA and after much del iberation the MahaRERA chairperson Gautam Chatterjee took the initiative and personally held deliberations over the last three months to make sure that one of the four bickering promoters took up the responsibility of funding, construction and completion of Phases I and II of the project, which began in 2009, but has been stalled since 2013.
Tanvi Eminence phase –I and Phase –II Project at Mira Road Was started in the year 2009. However the developer have failed to complete the construction and handover the possession to the ?lat purchaser till date. A group of 181 disturbed ?lat purchasers had formed an Association and ?iled complaint before MahaRERA for justice. CA Shri Ramesh Prabhu guide them to form an association of allottees.
Nearly 550 Flats Projects at Mira Road were held from last 10 years due to internal dispute with partners. The disputes are pending before the High Court. In Tanvi Eminence Phase-I and
Phase-II case, CA Ramesh Prabhu represented before MahaRERA and argued that the project registration be revoked as per section 7 of RERA & Association is ready & willing to take over completion of the project & appropriate the Pro?it. This made all the difference and Compelled the partners to settle their difference and enter in to consent terms with association. The project deadline also has been ?ixed. After much deliberation and hearing the arguments from the both sides Hon'ble Shri Gautam Chatterjee, Chairperson, MahaRERA has given his decision as Follow :-
“The Developer shall handover possession of the apartments with Occupancy Certi?icate to the Complainants before the period ending December 31, 2019, with a further grace period of 3 months. Failing which developer shall be liable to pay to the Complainants interest on delay, post the end of said period till the actual date of Possession, on the entire amount paid by the complainants. The said interest rate shall be at the rate as prescribed under rule 18 of the Maharashtra Real Estate Rule 2017.”
This is historical judgment that bring light on the face of the Tanvi Eminence Owners Welfare Association and others who have invested hard earned money for getting their own shelter. It is advisable to all affected ?lat purchasers that before applying for justice before MahaRERA, it would be better to form an association of the affected ?lat purchasers. Apply as a group before RERA. Stay United, No one can dare to broke you.
CA. Ramesh S PrabhuMob.: 9820106766
Vasai Taluka Housing Societies Review 24 March 2017
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Vasai Taluka Housing Societies Review 25 March 2017
UNDERSTANDING RIGHT OF CHILDREN OVER DECEASED MOTHER'S PROPERTYQ. A ?lat is in the name of son (1st holder) and Mother (2nd holder). 2nd holder dies and there is no nominee to ?lat. After deleting 2 n d h o l d e r ' s n a m e , i s i t compulsory to add name of daughter as legal heir in the ?lat?
A. When the ?lats are purchased in two names. In the absence of any record of the payment made by the parties or each person's shares in the property is not mentioned in the document, it is assumed that both the owners have equal rights, title and interest in the property. In the present case, since son and mother had purchased the property in the joint name, both become equal owners. On the death of mother, assuming that father has already expired and there are only two surviving legal heirs i.e one son and one daughter, then mother's share will go to both son and daughter equally as per the Hindu succession Act.
Now, son will have earlier right of 50% and gets 50% of deceased mother's share, making his total right in the property at 75% and daughter will inherit balance 50% of mothers right which is nothing but 25% of the right, title and interest in the property. In case, brother gives his share of 50% of mother's right to sister by executing and registering the release deed, then sister can have 50% of the right over the property and 100% of the mother's right can be inherited. Accordingly, the applications may be made to the society to include sister's name in the share certi?icate after completing all the required formalities as required under the Bye-laws of the society.
Q. Can you explain 'tit-?it' areas used in MHADA land?
A. When MHADA gives the lease of the land to the society, they give only the plinth area of the building with approximately 3 feet surrounding the building.
Between two buildings, a port of the land remains with the MHADA and is not conveyed to any society. Such portion of the land title remains with the MHADA and is not conveyed to any of the societies are called 'tit-?it' land. When one of the societies goes for redevelopment, the land adjacent to the particular society, will be offered by MHADA to acquire as 'tit-?it' land which entitles the society to get additional FSI (Floor space index) or the society in order to get additional area, any area near its plot remains with the society may request the MHADA to give them for amalgamating with its already leased land.
Q. A Co-op Society is going for Redevelopment. Land Area: 3L sq.ft. Current used Area: 1,77,000 sq.ft. Addional Area @ 50% offered by the developer to the society over and above the existing area. What will be total Built up Area? And whether we can expect more than 50% area?
A. The total potential of a land in suburban is FSI, TDR and fungible FSI all together is 2.7. Therefore for a land area of 3 Lakh sq. feet, we can expect the total built up area as 8,10,000 sq. feet.
The society needs to work out the feasibility report by engaging Project Management Consultant or the Architect. The offer of 50% extra area seems to be little less as the use of present area is less than one FSI.
Q. If ?lat is given on Leave & License and ?lat owner wants to sell the ?lat, does the new
Vasai Taluka Housing Societies Review 26 March 2017
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Vasai Taluka Housing Societies Review 27 March 2017
purchaser need to enter in Leave & License if he wants to continue with the same tenant?
A. Since only the owner of the property can give their property on leave and license basis, it is very much advisable that if a person has purchased the property where there is a tenant and the new owner wants to continue with the same tenant, the new purchaser should execute a new leave
and license agreement and register the same. If such new leave and license agreement is not executed, the new purchaser will not be able to proceed against the tenant, if he does not vacate the same on the expiry of the license period.
For More Details Contact : 022 4255 1414
( Maharashtra Societies Welfare Association)
As per RERA, what is a real estate project?Q. If a promoter builds godowns to give to individual purchaser on long term lease basis for say 30-99 years, then will it come under Real Estate (Regulation and Development) Act, 2016 (RERA)?
A. In order to answer the question let us study the de?inition given in the section 2(d) of the Act which is as under:
“allottee” in relation to a real estate project, means the person to whom a plot , apartment or buildings, as the case may be, has been allotted, sold (whether as freehold or leasehold) or otherwise transferred by the promoter, and includes the person who subsequently acquires the said allotment through sale, transfer or otherwise, but does not include a person to whom such plot, apartment or building, as the case may be, is given on rent;’
Thus, if a promoter develops a real estate project and sells or allots or transfers the apartment on leasehold basis or If the promoter enters into a long term lease for godowns and a consideration/ lump sum lease premium is involved to create a leasehold interest in favour of the Lessee, then RERA would be applicable.The leasehold interest created is also a transfer of property and RERA would be applicable. However, when apartment is fully ready and gives on leave and license basis, RERA is not applicable.
Law on MHADA: The objective for the payment of lease premium during such lease is to acquire of leasehold rights. Hence, it is implicit to enter into
lease to acquire such leasehold rights. That leasehold rights which comprise of bundle of rights including but not limited to right of possession, right of long term enjoyment, but also right of transfer and succession.
Thus, by implication transferor would forego all such rights in favour of transferee for a term only if such lease deed is executed. Thus even when Mhada sells plot on lease basis, RERA is applicable.
Q. Is RERA applicable to the Housing Society who themselves appointed the developer to build ?lats for the members? And the land has already been transferred in the name of Housing Society. Construction of building and allotment of ?lats has not yet started.
A. Since the society has appointed a developer, it is the duty of the developer to register the project before RERA, before selling or marketing a single ?lat. Society need not register with RERA as a co-promoter as the society is not selling a single ?lat.
Vasai Taluka Housing Societies Review 28 March 2017
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Vasai Taluka Housing Societies Review 29 March 2017
The developer can register before RERA only after
getting the plan's sanction and on receiving the
IOD.
Q.What is real estate Project ?
A. As per section 2(zn) of Real Estate (Regulation
and Development) Act, 2016, "real estate project"
means the following :
(i) the development of a building or
(ii) a building consisting of apartments, or
(iii) converting an existing building or a part
thereof into apartments, or
(iv) the development of land into plots or
apartment, as the case may be,
(v) for the purpose of selling all or some of the
said apartments or plots or building, as the
case may be, and
(vi) i n c l u d e s t h e c o m m o n a r e a s , t h e
development works, all improvements and
structures thereon, and all easement, rights
and appurtenances belonging thereto.
Q. What is phase wise development and when
do the phase wise projects require to be
registered with the authority?
A. Explanation to section 3 of the Act, provides
that where the real estate project is to be
developed in phases, every such phase shall be
considered a standalone real estate project, and
the promoter shall obtain registration under this
Act for each phase separately.
As per Rule 2(p) of Maharashtra Real Estate
(Regulation and Development)(Registration of
real estate projects, Registration of real estate
agents, rates of interest and disclosures on
website) Rules, 2017, it provides that “Phase of a
Real Estate Project” may consist of a building or a
wing of the building in case of building with
multiple wings or de?ined number of ?loors in a
multistoried building/wing.
As per section 3(2) of the Act, no registration of
the real estate project shall be required—
(e) where the area of land proposed to be
developed does not exceed ?ive hundred square
meters inclusive of all phases or(f ) the number of apartments proposed to be
developed does not exceed eight inclusive of all
phases:
As per ?irst proviso to section 3(2) of the Act,
provides that, if the appropriate Government
considers it necessary, it may, reduce the
threshold below ?ive hundred square meters or
eight apartments, as the case may be, inclusive of
all phases, for exemption from registration under
this Act; Maharashtra government has not issued
any noti?ication to reduce the number of units or
lesser area for registration of the real estate
projects.
Thus, if all phases together, exceeds 8 units or area
exceeds 500 sq. meters of the land, each such
phase needs to be registered within three months,
if they are ongoing projects and new projects
before advertisement for sale of apartments,
building or plots in the said real estate project
after the commencement of the Act.
(Ramesh S. Prabhu is Chairman, Maharashtra
Societies Welfare Association)
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Vasai Taluka Housing Societies Review 30 March 2017
APPLICATION FORM FOR SUBSCRIPTION FORVASAI TALUKA HOUSING SOCIETIES REVIEW MAGAZINE.
VASAI TALUKA CO-OPERATIVE HOUSING FEDERATION LTD.,
VASAI - 401202th
Regd. No. TNA/VSI/GNL/(O)/1453/2011 dated 25 August 2011.
=========================================================================
Date- / / 2015To,The Hon.Secretary,Vasai Taluka Co-op. Housing Federation Ltd.Swagat Bhavan, Near Indian Oil, Opp. MSEB Colony,Station Road, Vasai Road (E) 401 202.
Sir,
I/We hereby apply for the subscription for the VASAI TALUKA HOUSING SOCIETIES REVIEW MAGAZINE which is published by your Federation.
I/We furnish my/our particulars as below :-
1. Name of the subscriber : ----------------------------------------------------------
2. Address in full details of the subscriber : ---------------------------------------------------------- ---------------------------------------------------------- Pin code -----------------------------------------------3. Land mark to reach up to society/house : ---------------------------------------------------------- ---------------------------------------------------------- 4. E-mail ID : ---------------------------------------------------------- 5. Contact no.: - Mob. No ----------------------- Resident---------------------------- Office-----------------
I/We do apply for the above said magazine for one year at Rs. 199/-for 12 monthly issue. The cheque of Rs. 199/- vide cheque no.-------------dated-----------drawn on ---------------------towards magazine subscription starting from-------,2015 to------,2015 is enclosed herewith in the name of Vasai Taluka Co-op.housing Federation Ltd. Kindly deliver the magazine at the above address. Yours faithfully, Name of the subscriber
====================================================================ACKNOWLEDGEMENT
Received the subscription for VTHF Magazine for one year, starting from ------------, 2015 to ------------, 2015. Reference no. ----------------------
Secretary /Authoritory Vasai Taluka Co-op.Housing Federation Ltd.
Vasai Taluka Housing Societies Review 31 March 2017
FORM OF APPLICATION FOR MEMBERSHIP/And Allotment of the
VASAI TALUKA CO-OPERATIVE HOUSING FEDERATION LTD., VASAI - 401202
th Regd. No. TNA/VSI/GNL/(O)/1453/2011 dated 25 August 2011.
Date: ________________________The Hon. Secretary,Vasai Taluka Co-op Housing Federation Ltd.Vasai. Dist : Thane 401 202.
Sir,
We hereby apply for the membership of the THE VASAI TALUKA COOP. HOUSING FEDERATION LTD.,
and for allotment of Ten shares of Rs. 100/- each. We furnish below following particulars in respects
of our society.
1. Name of the society (in Block Letters) : _______________________________________________________________
_______________________________________________________________
2. Registered Address : _______________________________________________________________
_______________________________________________________________
_______________________________________________________________
3. Registration No. and Date if Registration : _______________________________________________________________
4. Location of Land of building of the Society : _______________________________________________________________
5. Total No. of member in a society : _______________________________________________________________
The Bye-Laws of the Federation have been read by us and agreed to be binding on our society.
A copy of the resolution of the managing Committee of the society in this connection and a cheque of
Rs.1600/- being the value of ten shares of Rs.100/- and Entrance Fee Rs.100/- and annual subscription of
Rs 500/- is enclosed herewith.
Yours faithfully
Chairman / Secretary / Treasurer
Co-op. Housing Society Ltd.
Vasai Taluka Housing Societies Review 32 March 2017
Copy of the Resolution of the Meeting of the Managing Committee of the _____________________________________
Co-op. Housing Society Ltd. ___________________________________ held on______________ .____________________________
_______________________________________________ Resolved that the _________________________________Co-op Housing
Society Ltd ________________________________________________________________________
Do apply to THE VASAI TALUKA CO-OP. HOUSING FEDERATION LTD., VASAI and for allotment of TEN
shares of the Federation of the Value of Rs. 100/- each, in the name of the society.
Further resolved that the Chairman / Secretary of the society be and is hereby authorized to sign the
application for membership of the Federation on behalf of the society and to pay the amount of Rs. 1600/-
towards ten shares of Rs. 100/- each. Entrance Fee of Rs. 100/- and Annul Subscription Expenses of Rs.
500/-..
Proposed By : Shri _____________________________________________________________________________________________
Seconded By : Shri _____________________________________________________________________________________________
Carried Unanimously.
TRUE COPY
Chairman / Secretary Society
DATA SHEET
Name of the Society : ________________________________________________________________________________
Address of the Society : ________________________________________________________________________________ ________________________________________________________________________________
Land Mark to reach Society : ________________________________________________________________________________
Registration No. : ________________________________________________________________________________
No. of Flat : ____________________ No. of Shops : _____________________________________
Name of the Committee Members :
NameDesignation
Chairman
Secretary
Treasurer
Other
Mobile E-mail-ID
Vasai Taluka Housing Societies Review 33 March 2017
AVAILABILITY OF BOOKS -0250- 6457596 BOOK NO.
COSTPRICE
DIS.PRICETITLE OF THE BOOKS
MARK( )
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Deemed Conveyance - Marathi
Recovery of Dues
Practical guide on Stamp Duty
Registration of Documents
Registration of Housing Society
Statutory Obligation of Society
Transfer of Flat
Parking Rules & Regulations
Nomination & Will
Burning Issues
Leave & License
Redevelopment - Preparation
Redevelopment - Tender Process
Redevelopment - Documentation
Associate Member - Rights, Duties
Circular of Housing Societies
Rights and Duties of Members
Managers Manual
Election Rules
Minutes Writing
Secretarial Manual
Sinking Funds
Deemed Conveyance - FAQ
Redevelopment - FAQ
Permanent Alternate Acco. Agreement
Bye - Laws English
Bye - Laws Marathi
Housing Manual - Marathi / English
HSG. Societies FAQ - Marathi / English
BS - 02
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BS - 15A
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Vasai Taluka Housing Societies Review 34 March 2017
H. O. : A - 2/301, LARAM CENTRE, S.V.ROAD, OPP. RAILWAY STATION, ANDHERI (W), MUMBAI- 58, Tel.: 022 -42551448/1414
B.O.: Swagat Bhavan, Near Indian Oil, Opp. M. S. E. B. Colony, Vasai (E), Thane - 400 208.
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c) From 2yrs. To 3yrs. Interest payable @ 8% p.a.
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MSWA METROPOLITAN CO-OPERATIVE CREDIT SOCIETY LTD.
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CON -A OT PI L CO RP EDOR ITT E SOM C
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Vasai Taluka Housing Societies Review 35 March 2017
RNI NO. MAHBIL/ 2012/ 48012 Postal Registration No. THW/163/2016-18
Posting At : Mumbai Patrika Channel, GPO, Mumbai.
Date of Publication : 16th of Every Month
Posting Date : 17th & 18th of Every Month
VASAI TALUKA CO-OPERATIVE HOUSING FEDERATION LTD.
Swagat Bhavan, Near Indian Oil, Opp. MSEB Colony, Station Road, Vasai (E) 401202 Tel.: 0250-6457585-95 • 0250-2390171/ 2393773/ 74
Editor, Printed, Published & Owned By.: Mr. V. Viswanathan
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Vasai Taluka Housing Societies Review 36 March 2017