I have a farmhouse at Karjat. For the last few months, my energy consumption has increased multifold due to installation of air conditioners and other electric appliances. I am getting exorbitant electricity bills. Will it be legal If I install solar panels? Can Mahavitaran raise an objection or take legal action against me for installation of solar panels?
Sanjay Kakirde, Ambarnath
You can surely opt for solar energy, which is clean and cheap and reduces dependence on resources such as water and coal. After obtaining permission from MSEDCL, you can install solar panels. In fact, the government is promoting the use of green energy. For installing solar panels, you need to get permission from MSEDCL. They will check the feasibility for giving you such permission, and replace your existing electricity meter with a net meter. There are basically two types of solar systems – solar on-grid (solar net metering system) and solar off-grid system. Solar on-grid system is a grid-tied system where your solar system is installed parallel to your existing electricity grid. Hence after going solar you will be having two sources of electricity. During the day time, you can use electricity from your solar panels and the surplus energy will be fed into the utility grid (export), and during night or monsoon, you can pull electricity from the utility grid (import). After installing a solar on-grid system you will get an electricity bill only for the excess units that you borrow from the grid. At the end of the month you will get electricity bill only for the surplus units that you have imported (import – export). This type of billing is called ‘Solar Net Metering’. There are many advantages of installing solar panels. You can also earn some amount as a generation-based incentive. Government gives subsidies to install such solar panels, which reduce financial burden on you. Under the Solar Rooftop Subsidy Yojana, the government provides a subsidy of 30% of the cost of installation of solar PV (photovoltaic) systems. You can claim @80% depreciation under the income tax for solar power generation units. In a solar off-grid system (conventional solar system), electricity produced by panels is stored in the batteries, which you can use for your appliances. But the problems with this system are: a) batteries have limited storage. b) increase in the number of batteries to power all your appliances will increase the cost and maintenance cost. and c) you will not get generation-based incentive.
I had booked a flat inVirar in 2016. I paid the full amount to the builder in September 2018 because I was told that I would be getting possession as per the agreement. As per our registered agreement for sale, he had promised me possession on or before December 31, 2018. Till today, I have not got possession of my flat. About 20% of construction is yet to be completed. I had filed a complaint against the builder with MahaRERA, praying for payment of interest towards the period of delay. On April 12, 2022, an order was passed in my favour and the builder was directed to pay me the interest from January, 2019. Till date he has not complied with the order. How should I proceed?
Ashwin Jaiswar, Mira Road
For non-compliance of the order, you will have to file an execution proceeding. You have not mentioned whether the builder has preferred an appeal against the order of MahaRERA. If the builder has not filed any appeal till date, the order of MahaRERA has become final and hence enforceable. In such a case, you will have to file an execution proceeding. (log on to the website of MahaRERA https://maharerait.mahaonline.gov.in/Home and click on the ‘Non-Execution of Order’). As provided under Section 40 of the Real Estate (Regulation and Development) Act, 2016 (RERA), the interest as per the order shall be recoverable from the builder as arrears of land revenue. Further, under Section 63, RERA provides for the penalty to be imposed on such erring builders. This penalty is imposed every day during which the builder fails to comply with the orders of the authority, which may cumulatively extend up to 5% of the estimated cost of the real estate project as determined by the authority. If the builder has filed an appeal and if it is not decided yet, you will have to fight your case before the appellate authority (MREAT). Only when the order of the appellate authority is passed in your favour attains finality, you can file an execution proceedings for compliance of the order. Section 64 of RERA Act provides for imprisonment up to three years or fine or both, for failure to comply with orders of appellate authority. The fine is imposed for every day during which the builder fails to comply with the order. This may extend up to 10% of the estimated cost of the real estate project.
Can a builder sell an open parking space?
Rafiq Engineer, Mumbai
No, a builder cannot sell open parking space. As per the provisions of RERA, 2016, open parking spaces are part of the common areas of the project. Once the society is formed, these open parking spaces must be transferred in the name of the society and must be embedded in the conveyance deed. Circular No 36/2021 dated 30/07/2021 issued by the MahaRERA Authority has specified that the promoters cannot sell / allot open parking spaces.
(Dr Archana Sabnis is an expert on consumer laws who is practising at consumer disputes redressal fora at district, state and national levels since 2000. She is on the panel of conciliators of Maha RERA and is associated with the Mumbai Grahak Panchayat)
