Month: October 2007
Look before you leap
How not to trip up while taking a loan.
Applying for a loan is a complicated process where a customer is faced with many bewildering choices. It is important to make the right impression on your loan officer to get the loan you want. However, there are some things that you should just not do. Here are 10 common-enough pitfalls to avoid while applying for a loan.
1. Don’t lie in your application form
All the columns in the application form are meant to provide vital information that the prospective lender uses to evaluate your creditworthiness. Do not leave out any important details about your income, your address (both temporary and permanent) and about your past or existing relationship with the lender. All this information has also to be supported by documents. Lying in the application form amounts to fudging documents.
2. Don’t fudge salary slips and income statements
Don’t ever fudge salary slips or income statements. You loan officer handles hundreds of loan cases. The chances are, he knows ever trick in the book before you could even think of one. Fudging salary slips is a serious offence. It is fraudulence of a high order. Don’t ever do it. Not only will you not get this loan, you can even be blacklisted by not only this lender but by other lenders too (given the amount of information-sharing between companies).
3. Don’t go in for a co-applicant unless it is necessary
Loan officers are notoriously conservative. The greater the pile of documents related to your case in their files, the more comfortable they feel. You should always put your foot down when a loan officer asks for more guarantors or asks you to bring another co-applicant. The loan officer could be convinced of your case but may be merely trying to protect himself from all possible eventualities. If you follow his dictates, you are killing the prospects of the co-applicant to procure a loan for herself in the future.
4. Don’t offer proof of a lavish lifestyle to prove creditworthiness
Your loan officer is only interested in seeing the adequacy of your income. This emerges clearly out of the income documents you submit with your loan application. So, an effort to project a lifestyle merely to impress him is a definite no-no. It could even backfire on you if he feels that you are living beyond your means. Remember, he can reject your loan application on this ground. If you ever blew your month’s salary on your favorite perfume or that gorgeous pashmina shawl, please don’t tell him.
5. Don’t bounce or return cheques
Your bank statement speaks volumes about your spending habits. It mirrors your spending behavior. It provides your loan officer with a comprehensive view of how you manage your money. If there are too many cheques bounced or returned check entries in your bank statement, be prepared with a convincing explanation and papers to prove it. Generally, though, there should not be any cheque returns or bounced cheques. It lowers your creditworthiness and could result in lower or no borrowing.
6. Don’t show a cleaned-out account
Maintain a certain balance and show some savings in your account. Otherwise you will come across as someone who is barely able to meet his expenses. Savings in your account will show the loan officer that you’ll be able to meet the EMI. Otherwise you will have to come up with a convincing plan of lowering your expenses.
7. Don’t hide details about other loans
If there is a recurring payment on an existing loan, make sure you’ve mentioned the existing liability in the form. Since other loan repayments bring down your income-to-instalment ratio and result in a lower loan, this is a vital piece of information. Don’t hide details about the loan. Consider consolidating all your debt before going in for another loan.
8. Don’t fudge details of professional degrees
Loans to self-employed professionals are extended on the strength of the professional degree and the income (especially in case of a personal loan). In such a case, fudging your professional degree or income documents can seriously jeopardise your loan application. Professional qualifications are almost always verified.
9. Don’t ever attempt to bribe the loan officer
You perhaps feel that your loan application is not strong enough to get you the loan amount you are asking for. And you probably think that you can grease the palm of the loan officer to enhance your loan eligibility. Don’t even think about it. Even if you got lucky and your loan officer was the bad apple in the company’s basket (it could happen), your loan is reviewed by two or sometimes three other people. You were not planning to bribe all of them, were you?
10. Don’t take a loan against your FD as collateral. Break it.
A common mistake most borrowers commit is to borrow against their fixed deposit. They prefer taking loan against their own money at a rate higher than the rate they are receiving on their fixed deposit. You should consider this option only when you require funds for a very short term. Otherwise, it makes sense to encash your FDs. This way you’d be able to borrow less.
Borrow only if you must
15 time-tested ideas on how to avoid debt.
You’d think that you don’t really need us to tell you that you should borrow only if you must. But a debt is easy to slip into and hard to get out of. We believe that you should not be spending your hard-earned money contributing to the coffers of a finance company. You should look at a loan if, and only if, all other avenues have been exhausted. And there are more than enough places that you would have likely forgotten to look in. Explore these and, at the very least, you could reduce the amount of loan you’d have to take. Where should you look? Read on to find out…
1. Cut back on non-essential items
If you are overstretched now, the last thing you need is more credit. It was probably some attractive advertisement that made you an easy target for buying one more electronic gadget (at a very low rate of interest, of course). A gadget that you do not need! We suggest you address your spending habits before you inundate yourself with debt and consign yourself to a lifetime of interest payments and late fees. They are the source of the problem. Even small things matter. Try and reduce the number of cigarettes you puff away and you’ll be surprised to learn how much you can save on a long-term basis. The powers of compounding can be an eye-opener.
Cutting back on non-essential items does two things. One, it leaves you with more money every month: money that you can use more productively. You can pay back borrowings and invest smartly. Two, it paradoxically increases your borrowing capability. The more your repayment capability, the easier it is to borrow.
2. That forgotten treasure: your PF
Have you transferred your PF corpus from your previous employers? If you haven’t, do it. In every job, you make a contribution every month to your provident fund account. Your employer also makes a similar contribution. When you change jobs, you have the option to transfer the money accumulated in your account to the new provident fund account opened by your new employer. But many neglect to do this. Check whether you have any accumulated money in those PF accounts. The money will still be safe and earning you a nice interest. Set the process in motion to transfer them. The amount lying in them can come as an agreeable surprise to you.
There is another option: of encashing them. But, don’t encash blindly. Compare the compounded annual rate of return against the cost of the loan. If the compounded rate of return is lower, it makes sense for you to encash. Otherwise, stay invested.
3. Hit on your family and friends
Before going to a lender, explore all the options of borrowing from your relatives and friends. Unless you’re the black sheep of the flock (and even that’s not an irremediable state!), chances are you’ll get the money at either a very favourable interest rate or without any interest. They may even tolerate a late payment or two. But if you want to maintain the relationship, it’s best to keep things straight and insist on a written agreement.
4. Recover dues
If you’ve never been borrowed from, you’re a lucky person (or you’re broke always, in which case, we can’t help you). If you form a part of the real world where people rely on advice like the one you’ve just finished reading (Point 3, above), there are surely people who have borrowed from you and… ahem… conveniently forgotten to pay back. Turn enforcer. And get your money back. Remember, it’s your money. The rule: Better my money than borrowing at usurious rates.
5. Encash your savings and fixed deposit holdings
It makes perfect financial sense to cash in your savings and investments and use the proceeds instead of contracting a fresh loan. The reason is simple. It would make sense to remain invested in your fixed deposit or bank savings if the return on these were greater than the cost of your loan. But in today’s low interest rate environment, high-quality fixed deposits earn you between 11 and 12 per cent per annum. Post-tax, the return is even lower. Even a secured loan — a loan backed by an asset like your car will rarely be available below 14 per cent. So the moral is: the higher the interest rate on the fresh loan, the more attractive it is to use your funds for meeting a contingency. And it will always be in your interest to break low-return generating fixed deposits. The caveat: Don’t break your low-generating but long-term retirement funds. Compounding works wonders there. We are recommending that you break only your short-term fixed deposits.
6. Take an advance from your employer
If the employer has a no-loan policy, then explore an advance on your salary. This could be structured in such a way that it would be deducted from your salary over a few months. The amount you could take as an advance will be limited and based on the salary you draw, but it beats borrowing at commercial rates. And every penny raised cheaply counts.
7. Take a low-interest loan from your employer or other sources
Employers and societies have the provision of extending a short-term loan at a highly subsidised rate of interest, especially to longstanding employees. Loan amounts are generally based on the length of service you have put in and your position in the organisational hierarchy.
8. Take advantage of the no-gift-tax rule
Gifts are not to be received only on birthdays and anniversaries. Find someone who is willing to make you a gift of money. That’s money that you don’t have to borrow and pay interest on. You can the put this to good use instead of taking on a loan or a mortgage.
Some things to remember: Keep gifts within the family, so that the authenticity (for the tax authorities) can be established easily. Gifts should be in small amounts, since verification is unlikely in small amounts — say, Rs 20,000. If your yearly income plus the gift exceeds Rs 1.5 lakh, you’ll have to pay tax at the rate of 30 per cent against it. But remember, the entire amount is a gift. So pay tax and use the rest.
9. Sell stocks selectively
Everybody has some junk stocks in their portfolio. This is a good opportunity to, well, junk them. Face it: you’ll never do it otherwise. Not wanting to take a loan can actually be an opportunity to spring-clean your stocks portfolio. Also consider selling other stocks where you can book profits. In short, take a close look at your portfolio and decide what you can sell. Remember, with markets going up and down, you can still enter the stock at a later date. Right now, what matters is that you want your loan amount to be as small as possible. However, don’t distress-sell your best stocks. Selling them might cause serious harm to your long-term portfolio.
10. Borrow against your life insurance policy
While we constantly stress the point that insurance is not an investment avenue, the insurance policy does accumulate some value as the years go by. And if you’ve held the insurance policy for a sufficient number of years, you would have accumulated enough surrender value on the policy to borrow against the policy. You can expect to borrow up to 85 per cent of the surrender value accumulated.
Interest rates are typically well below usual commercial rates (about 10-11 per cent), and you can take your time repaying the loan. There is only one downside: the (remote) possibility that you may die before it’s repaid. In that case, the outstanding balance plus interest will be deducted from the face value of the policy payable to your beneficiary. As a negative, that seems a small price to pay to get out of debt now.
11. Take a loan against your provident fund
Explore taking a loan against your public provident fund account. You are eligible for a loan against your PPF after three years and you can take a loan up to 25 per cent of the value accumulated in the fund. Also, this loan is available at a concessional rate of interest of 12 per cent.
12. Borrow/sell jewellery
Indians have a remarkable fetish for gold. Not surprising. We are one of the world’s largest consumers of gold. Consider utilising this unproductive asset. Sell your gold and silver to realise some money. If you’re sentimental about the charm bracelet that your husband gave you on your last wedding anniversary or grandpa’s gold signet ring, then consider borrowing against it. It will cost you lesser than commercial rates.
13. Hold a garage sale
Consider selling your old TV, bicycle, kitchen appliances that you bought and never used, as well as all the wood and other fittings left over from last year’s renovation. You’ll be surprised by the amount you can raise. And as a bonus, your house would have had undergone a bit of spring-cleaning.
14. Faithfully enter contests
You never know when you might get lucky: ask those people who entered “Kaun Banega Crorepati” and won some fabulous prizes. Randomly enter all slogan contests too. And drop your name into every lucky coupon box that you can find.
15. Dig your backyard in the hope of finding a treasure!
Even if you don’t unearth a pot of gold, your backyard will be ready for being planted.
Short, Flexible and Cost-effective
Short-term online management programs come with three handy advantages by Anagh Pal for OUTLOOK MONEY
You might have given fulltime online MBA courses a miss thinking that they were not worth the time or the money. Short-time Management Development Programmes (MDPs), which some e-learning institutes are offering, might be worth a look.
The online advantage
First of all, these are short-term courses and cost relatively less. Second, these courses are aimed at those who don’t want a major degree but just want to brush up their knowledge in an area. If you think you could do with some more education in a particular field, these courses could be the answer. Also, since the courses are being offered in tie-up with reputed management institutes, it won’t harm your CV either. Finally, they offer the benefit of online education, that is, flexibility to learn while you are on a full-time job.
Says Shreesh Chandra, general manager eLearning, Macmillan India, a company offering online MDPs: “These courses attempt to give you an insight into a certain area.” Specialised short-term courses have been received with a lot of interest, unlike courses of longer duration. Though online courses are not something new, “the shift is in the kind of courses on offer and the institutes you partner with”, says Chandra.
How they work
Once you register and enter into the student arena with your user name and password from a broadband-enabled PC, you can download all the study material. In-built interactive vehicles like e-queries help you interact with the faculty at a predetermined time. The one drawback for these courses is that out of the several MDPs that management institutes offer, only a few are available online.
A smooth sail into your new home
Here’s a list of six areas, which, if dealt with carefully, may help you escape problems that you may encounter while buying a house on resale. Seek the right information and ask the right questions
BY Urmila Rao for OUTLOOK MONEY
Buying a home is a cherished dream for most, but the path leading to it is typically fraught with challenges. This was famously imitated in the film Khosla Ka Ghosla (2006), which depicts the travails and eventual triumph of a soon-to-be-retired man duped by an unscrupulous property broker while he was buying a plot of land.
The trials and tribulations of buying a house is not restricted to buyers of plots or new apartments. They also affect those buying property on resale—from an existing owner. In recent years, as the purchases of new properties from builders skyrocketed, purchase of resale properties, too, went up. Rajneesh Gulati, 34, a Gurgaon-based garment exporter, had a reason to buy a bungalow spread over 6,500 sq. ft in 2005 from the secondary market. “The bungalow was well-located, had three independent floors and was suited for my family of eight members,” he says.
Himango Gupta, 33, a regional manager in a Gurgaon-based international firm now residing in Vaishali, Delhi NCR, had another reason. “Builders don’t meet deadlines and I wasn’t prepared to keep paying EMIs for an extended period,” he says.
Vishal Garg, a Delhi-based real estate lawyer, gives four small but important tips.
Establish the property’s autheticity. You can get original documents from the sub-registrar’s office, House Tax Department (check on the arrears and chain of owners), Land and Building Office. The last also has a RTI cell that can be used to check the property’s status and whether the land has been notified.
Take a loan. Even if you can buy from your own resources, opt for a loan as banks’ own due-diligence reinforces yours.
Don’t forget the frills. Be clear on issues like parking slots and the area allotted to you.
Take permission. Take the permission of other floor owners in case of reconstruction.
There could be a slew of reasons why people prefer the secondary market. Seek the right information and ask the right questions before taking the plunge. Watch out for six problem areas.
Examine the property title papers. You should ensure that the property has a clear title. If the unit has changed many hands, the biggest challenge is tracking down the ownership titles of the past owners. Banks wouldn’t give you a home loan if the ownership can’t be clearly established. Also, the property should be free from any encumbrances. “This is very relevant as the seller could have availed loans from other banks and institutions and deposited the original deeds to them as a security. Therefore, it needs to be verified that the seller is in possession of all the original documents,” says Madhumita Ganguly, senior general manager, HDFC Bank.
For Delhi-based working couple Pallavi and Rahul Narvekar, the process of buying a 3-bedroom house was rather smooth. “All the papers regarding the property were in place, but we still hired a lawyer to validate the documents,” say the Narvekars, who bought their house in 2003. “The purchase was through a distress sale and we got a pretty good deal,” they add.
In cases of leasehold property, prior permission of the lessor—the authority that leased out the land—may be needed for the transfer and mortgage of the property. There could be situations where the properties are being sold on power of attorney. Remember that not all states recognise this transaction, and if they do, the documentation will need to be legally compliant. It is also advisable to keep other documents such as indemnities and advertisements in newspapers so that you are prepared for contingencies such as loss of documents.
Look for the purchase agreement. This is your second step of ownership verification. Get hold of this agreement paper between the seller and the previous owner of the property. It helps in identifying whether the seller is entitled to sell the property.
Appraise the building sanction plan. You wouldn’t want a rude shock of municipal or other authorities knocking at your door and then penalising you for not conforming to structural norms and building plan approvals. “Ensure that the structure has complied with the sanctioned plan and the property has an acceptable, verifiable completion certificate and occupation certificate,” says Ganguly of HDFC. Both completion and occupation certificates are issued by municipal authorities. The completion certificate proves that the building complies with norms such as those related to its height and its distance from the road, and doesn’t flout other norms. The occupation certificate testifies to proper water, sewage and electrical connections.
PALLAVI 34, RAHUL NARVEKAR 33
Delhi-based working couple
For the Narvekars, the process of buying a 3-bedroom house from the secondary market was pretty smooth
“All the papers were in place, but we still hired a lawyer to validate the documents.”
Seek a no-objection certificate (NoC). If you are buying a house in a co-operative housing society, it is important to obtain an NoC from the society’s managing executive. “For resale of properties in co-operative societies, the transfer should be in accordance with the society bye-laws. The society should endorse such a sale,” says Ganguly. Also, do check out for the share certificate. It is a proof of the owner’s membership of the society and should ideally form a part of the ownership deed.
Check for pending dues. Ask the seller to give you a ‘no dues’ certificate that can be procured from the house tax department and check whether all the utility bills have been paid. You will also have to get the electricity and water meter transferred in your name. Banks will typically check the property tax and utilities receipts to establish the seller’s ownership. Further, check whether the property is registered with the local authorities and the seller has the necessary paperwork to prove it. The lending bank will also look out for this.
Estimate renovation costs. An architect can help you assess these. Also, older houses incur higher maintenance cost.
How well you do the due diligence in these six areas can be crucial to the way you buy a property and how smoothly the life in your new house begins. Remember all stories need not have a happy ending like Khosla Ka Ghosla.
Tricks developers play
Builders have a variety of ways of catching the unsuspecting homebuyer on the wrong foot. Here are eight common ones and ways to counter them
by Urmila Rao for OUTLOOK MONEY
Everybody wants a piece of real estate. The sector has been growing at 25-30 per cent a year since 2003, fired primarily by low interest on housing loans and the rising affluence of homebuyers. Those who had bought stocks of real estate companies, whose valuations have gone through the roof, are a happy lot. However, the same cannot necessarily be said of scores of financially and emotionally bleeding homebuyers. The developers play lord and master to middle-income individuals, who often live like monks to fulfil their dream of owning a house. Most sale agreements are heavily loaded in favour of builders in the currently unregulated market.
This disillusionment is reflected in the rise in the number of complaints that has accompanied the growth of the sector. In the first 25 days of August 2007, the Delhi-based National Consumer Helpline, a consumers’ body, received 33 housing-related complaints. The Consumer Guidance Society of India (CGSI), Mumbai, says it gets two-three cases a day. In this scenario, what chance do you have of safeguarding your interests as a buyer?
In 1993, the Supreme Court ruled in favour of M.K. Gupta in his case against the Lucknow Development Authority for not delivering his flat on time. This landmark judgment brought housing construction under the purview of the Consumer Protection Act, 1986.
This, however, hasn’t done much to change the unscrupulous ways of builders. Owing to the bonhomie between developers, the authorities and the contractors, projects get sanctioned easily but the quality of construction goes unquestioned. Supreme Court advocate C.M. Srikumar says: “Even in cooperative societies, the contractor, the architect and the office-bearers of the society dupe the public.”
Rahul Todi, managing director, Bengal Shrachi Housing Development, says: “Unlike other consumer products, here we sell a concept first. If there is a gap between expectation and reality, then we are not doing our job properly.”
What are the most common games that developers play? Here are eight common tricks and ways in which you can guard against them.
I. When do I get my house?
Most agreements do not clearly specify the date of delivery. For instance, one says: “Completion of the building is expected to be delivered by the date mentioned in the covering letter of this allotment. The delivery of the possession is subject to force majeure.” What this means is that you cannot hold the developer responsible if he does not stick to the promised delivery date.
There have been cases when the delivery has been delayed by 12 months or more. Typically, the buyer would have paid 95 per cent of the price by the time he reaches the expected delivery date. If he is living in a rented house, delays will drive his calculations awry as he would not have factored in this additional rent (see Double Bite). Mumbai stockbroker Bhupendra M. Pitroda, 58, fought a legal battle against Megha Property Developers for five years. Reason: delayed possession.
Pitroda was promised delivery of the flat he booked in 1998 in Navi Mumbai’s Madhuri Cooperative Society Housing Project within 18 months. The builder later said that delivery would take another six months. When Pitroda visited the site six months later, he felt that the delivery would not happen soon. So, he instructed his bank to stop payment of the balance 37.5 per cent of the apartment’s cost to Megha Developers.
The developer promptly sold off the flat. An aggrieved Pitroda then moved the State Commission in July 2000. Three years later, the commission asked Megha Developers to refund Pitroda the money he had paid with 15 per cent interest. Pitroda was also awarded a compensation of Rs 15,000 for the mental agony caused and Rs 5,000 for legal costs.
The developer appealed in the National Commission, which upheld the State Commission order but cut the interest to 9 per cent. The developer then moved the Supreme Court. “The Supreme Court judge flung the papers in the face of the builder’s lawyer and asked the builder to compensate me immediately. The judgment was over in a minute,” says Pitroda. Through the legal battle, Pitroda made 25 appearances in the State Commission, three in the National Commission and one in the Supreme Court.
Many agreements have penalty clauses for delayed delivery, but they are without bite. For example: “If the company fails to complete the construction of the said building/apartment within the period as aforesaid, then the company shall pay to the allottee compensation at the rate of Rs 5 per sq. ft of the super area per month for the period of such delay.” What this means is that for a 1,000-sq. ft flat, you would get a compensation of Rs 5,000 per month—a pittance (see Double Bite).
In most cases, buyers put up with the delay quietly rather than ‘antagonise’ the builder. Most fear retribution, harassment and further delays in delivery. This is not entirely baseless. For one, agreement papers are designed to protect the builder. Two, your intention to fight the builder may look like a joke given your handicap in terms of financial prowess and influence. Three, there is no industry regulator you can turn to for redressal. Suresh Virmani of National Consumer Helpline says: “We generally encourage a dialogue between buyers and sellers to settle disputes. If that fails, the matter is taken to the regulatory body. But we can’t even suggest this in real estate because there is no regulatory body.”
What to do. Don’t just take the builder’s word on the progress of construction. Check it out from time to time, as Pitroda did. If you feel a delay is likely, start building up pressure on the developer. The best way to do this is to form a society, says Virmani. Usually, builders have many projects running at the same time and they push the ones where the pressure is higher. “The more the number of buyers, the greater is the pressure,” says Bharath Jairaj of Consumer Action Group, Chennai.
II. Where are my papers?
A lot of builders are evasive about giving the completion certificate at the time of handing over the flat. A completion certificate is issued by municipal authorities and establishes that the building complies with the approved plan. A developer would not get the certificate if he deviates from the plan.
You cannot prove ownership over your house if you don’t have the certificate as you would not be able to get the house registered. Also, you may not be able to get utility connections. You will have problems selling, mortgaging or reverse mortgaging the house as it will not be in your name. In the worst case,the unapproved parts of your house would be demolished by the municipal authorities. Not a happy state of affairs.
Businessman Mohammed Haroon, 45, got his flat in Tulip Garden, Gurgaon, six years ago, but he has not got the completion certificate yet. The same goes for the other 59-odd flat owners there. Together, they took Sarvapriya Developers, which built Tulip Garden, to the consumer court. “After four years, in mid-August this year, the court directed the builder to hand over the completion certificates within a month, or pay Rs 5,000 each as compensation to all the flat owners,” says Haroon. “But we know that none of the two will come our way and are prepared to approach the Delhi High Court in this matter.”
What to do. Sale agreements often don’t mention the completion certificate. If yours doesn’t and you notice it before signing the papers, insist on the inclusion of a clause that you will be given the completion certificate when the flat is handed over to you. Ask the builder for it as soon as he announces that the house is ready for possession. If, like Haroon, you move into the house without it, the court will probably be your last resort.
III. What’s the guarantee of quality?
Within a month of moving into his apartment in Mahagun Manor, Noida, Rajiv Raghunath, 41, got trapped inside the house as the door lock failed. In six months, the plaster started peeling off and the fans stopped working. In another few months, water started seeping in as the pipes had corroded. “I felt cheated. This wasn’t worth my money,” says Raghunath.
As of now, there is no way for a buyer to check the building materials used or the quality of construction. Says advocate Anupam Srivastava, who is with law firm Chambers of Law: “Quality is a subjective matter. Buyers should enter into an agreement on the kind of material that the builder will use.”
In October 2005, Pune’s Gera Developments started a trend by providing a 5-year warranty on its buildings. The warranty, however, is subject to the conditions that no structural changes be made to the house and that there be no misuse.
What to do. Don’t fall for the builder’s glib talk. Insist on including the sanctioned plan of the building and the specifications of the raw materials to be used for construction in the purchase agreement. If you are already facing quality problems, you can go to the consumer court. Says Anand Patwardhan, a consumer activist and lawyer: “If you want to approach the consumer court, move it within two years from the day you take possession.” Alternatively, flat owners can form a Residents’ Welfare Association (RWA) and get the builder to fix the problems, as Raghunath, an RWA member, did.
IV. What is the price really?
Nishit Babyloni, 38, mech-anical engineer in BHEL, Bhopal, had booked bungalow No. 105 with Ansal Housing and Constructions (AHC) in Pradhan Enclave, Bhopal, in 2004. On a visit to the site five months later, he found that his bungalow was not being built. He asked AHC to give him bungalow No. 120 instead, as construction was in full swing on that. AHC formally changed the allotment in February 2005, but sent him a letter eight months later asking for Rs 3.15 lakh more.
Atit Arora, general manager (marketing) and project head, Ansals Pradhan Enclave, Bhopal, says: “The bungalow’s specifications were changed. Babyloni was required to deposit the amount if he wanted the new specifications.” Babyloni retorts that AHC did not tell him about the additional work and the changes in specifications. “We were not told that we would have to pay 25 per cent more for the new bungalow till 18 October 2005.” He is thinking of moving the consumer court. But, it is not unusual for an agreement to say that a builder can ask for additional payments if specifications are changed or there are cost overruns.
There are legal loopholes as well. The Maharashtra Ownership of Flats Act, 1963, protects buyers against malpractices in the sale and transfer of flats. It gives homebuyers the right to inspect the builder’s documents such as the specifications that he has obtained from the authorities. The Delhi Apartment Ownership Act, 1986, however, is a different story. Although it was published in the Gazette of India over a decade ago, brought on the statute book by Parliament and given the President’s assent, it is yet to be notified.
What to do. The last stop is the consumer court. Says Srikumar, “Many malpractices are offences under the Indian Penal Code, for which the responsible party can be prosecuted.” Keep checking with the builder if any changes are being made to the specifications mentioned in the agreement and the allotment letter.
Also, try to get it mentioned in the contract that if a sum higher than the original price has to be paid by you, the builder would give you additional time for that. You must also ask for a copy of the sanctions that the builder has taken from the authorities to carry out the alterations.
V. What else do i pay for?
To make your house liveable, you will need electricity, water and sewage connections. You will also need electrical wiring, appliances like fans, lights and a water pump, which are unlikely to be part of the package and generally won’t be mentioned in the agreement. These will be additional costs that you will have to bear. You might also have to keep some speed money aside for registration so that it gets done in a decent timeframe. In some cases, the builder may make a verbal promise to get it done for you.
What to do. Builders generally have a take-it-or-leave-it attitude with conscientious buyers while striking a deal. Even so, it pays to be scrupulous and to read the agreement and its fine print. “Get a lawyer, an architect or an evaluator to determine the correctness of the purchase,” says Srivastava. Finally, do some quick math and keep aside some funds to get your house up and running.
VI. How big is house?
A typical home purchase agreement states: “The plans, designs, and specifications are tentative and the developer reserves the right to make variations and modifications…” Simply put, in most cases, you won’t know the final area of the house till you get it. The agreement will further state, “In case of change in area, the difference in cost of area shall be adjusted at the time of making final payment.”
Shikhar Saxena, partner, Ace Equity Solutions, a leading housing finance franchisee of ICICI Bank, had booked a fully-furnished, air-conditioned service apartment measuring 650 sq. ft (super area) in Cabana Service Apartments in Indirapuram, Ghaziabad, which was being built by Assotech Realty. He got an allotment letter mentioning this area. However, when the builder offered possession, the super area of the flat had increased to 671 sq. ft. “Once the authorities approve of the floor space index, how can the builder change it?” he asks. After holding out for over 18 months, the choice before him now is to either accept all the terms of the builder or seek cancellation of his allotment. Further, he was informed that the maintenance charge, which was to be Rs 1.50 per sq. ft per month, has been increased to Rs 7 per sq. ft per month. The agreement shields the builder. It says “the monthly maintenance charges will be subject to revision from time to time”.
Assotech’s Elegante project, also in Indi-rapuram, was to have terrace gardens on the seventh and thirteenth floors. “There is only a patch of green; the developer has built units on these floors too,” says a buyer. Srikumar says there is nothing one can do unless the size of the garden is specified in the agreement.
What to do. Builders usually follow the same practices through all their projects. So, before buying, check out the builder’s earlier projects to see if he plays fair. Start a blog or join one to share your experiences with others, though this doesn’t guarantee redressal. You can read about the mistakes and experiences of other people on websites like mouthshut.com.
VII. What’s the carpet area?
Most residential units in India are sold on the basis of the super built-up area, which includes open spaces like space for lifts, staircases and parking, among other things. But, what you really get is the carpet area, which literally means the area that you can carpet. This can be 15-35 per cent less than the super built-up area. In 2005, HDFC chairman Deepak Parekh had said the company would provide loans at cheaper rates to developers who sell their flats on the basis of carpet area. But, there has been little headway on this front. Some developers, especially in Bangalore, sell on the basis of carpet area. In Pune, too, the builders’ association has decided to increase the carpet area by 25 per cent to arrive at the saleable built-up area charged to the buyer. In both these cases, buyers are aware of the area they will get. Though there is still a long way to go, experts believe that soon properties all over India would be sold on the basis of carpet area.
What to do. Buy property on the basis of carpet area, although the builder will not like the idea. Argue with him that if the super built-up area is mentioned on the basis of the approvals and sanctions, the carpet area can be quantified. Says Srikumar: “There should be a provision for termination of the contract and resumption of the property so that builders don’t have an upper hand. However, in the absence of rules, buyers should be vigilant.”
VIII. Will I get a well-managed property?
The developer may promise to maintain the building or complex in the initial years. The service, however, may not be satisfactory. Residents of Mahagun Manor in Noida have taken over its maintenance. “The homebuyers cannot even use the Right to Information Act, 2005, to their advantage because it doesn’t apply to private builders or even group cooperative housing societies,” says Srivastava.
What to do. You are unlikely to get relief through correspondence and phone calls. You can go the e-way to attract the builder’s attention. For months, Delhi-based developer Unitech ignored the complaints of the residents of one of their premier offerings, Uniworld City. Then, a resident shot a nine-minute video that captured the visible flaws of the project, and posted it on YouTube.com, a broadcast site. Their grievances were soon attended to. You can use websites like http://www.consumerhelpline.in and http://www.cgsiindia.org to seek further guidance.
Though the dice is clearly in favour of the builder, the buyers can still fight back and many of them are doing so. Now, the government urgently needs to put a regulator in place to ensure proper disclosures and protect the buyers.
It pays to have time on your side
Your portfolio should reflect your needs. Your asset allocation strategy should take into account the goals you want to reach with your funds, your investment horizon and your age
Sunita Abraham for Outlook Money
V Ravindran, a 56-year-old retired businessman, is planning to invest Rs 20 lakh in equity funds. Investment advisors may balk at this, as traditional wisdom suggests that the older you are, the lower should be your equity exposure. However, with the stockmarkets soaring and the benchmark indices more than tripling in the last three years, this wisdom has rendered many older investors mute spectators while equity investors ring in unanticipated profits.
Secular bull markets, like the one we are riding currently, warrant a relook at asset allocation. Maybe, your investments would be optimised if you moved from using age as a fulcrum to determine your equity exposure to using holding period to determine how much risk you should take. That is Ravindran’s logic too. The money he is investing in equity funds now is meant as a gift for his granddaughter when she turns 18. He reasons: “She will not need the money for the next 15 years at least. Risk cannot be totally eliminated if you want to earn good returns. You can only try to reduce it to acceptable levels.”
Analysis of the returns from the Sensex show that in the 13 blocks of 15-year holding periods since 1979, there was no period when the Sensex gave negative returns. For a holding period of 10 years, there is a only a 5.5 per cent chance of making a loss and in case of five-year holdings, there is a 13 per cent chance of losing money. This builds a strong case for using holding period as a basis of allocation of resources between various asset classes.
Business executive, Gurgaon
He is just a few years away from the goals he has been investing for—his daughter’s MBA and marriage—and wants to move away from equity to fixed income securities to avoid volatility in the period that is left.
“I’m moving from equities to safer products since my goals are now short term.”
Goals and holding periods. Holding period is the length of time for which you stay invested to achieve a goal. Longer holding periods reduce and even eliminate risk in equity. This can be the case when somebody plans for his retirement when it is more than 15 years away, new parents save for the college education of their child, someone saves to buy a holiday home, or elderly people manage wealth for inter-generational transfer of wealth. In all these scenarios, the money that is being saved and invested is for an event in the distant future and gives the equity investment sufficient time to ride out short-term volatility. Since mutual funds are the most efficient way for individual investors to participate in the stockmarkets, equity funds must form the core of the portfolios of such investors. On the other hand, investors who have a short holding period must look at fixed income securities that exhibit lower volatility in the short run.
Sourirajan, a 44-year-old general manager of Becton Dickinson India, is looking forward to his younger daughter Gopthri completing her MBA and subsequently getting married. He estimates Rs 25 lakh will be needed to meet both targets and has money invested in direct equity holdings, mutual funds and bank fixed deposits. However, even though he is fairly young, Sourirajan is looking to move away from equity and invest more in fixed income securities. He has accumulated and invested over the years to meet his goals and now that the event is just a few years away, he wants an investment avenue that will not exhibit volatility in the period that is left.
Does this mean that the age of the investor loses relevance in the asset allocation process? Not quite. Age would define the investor’s risk tolerance and should be used to identify fund categories for him. A matrix can be created to help you identify your investing profile using the concept of “payout period”, the time interval after which the funds must be available for the investor to meet his goals, as the pivot of the asset allocation process and the age of the investor as the barometer of the risk that he can take (see Holding Period Matrix).
Investors with long holding periods, but a low risk tolerance level must invest in the market through index and exchange traded funds that eliminate fund managers’ risk from the investing process. Diversified equity funds concentrating on large-cap stocks and having some exposure to well-established mid-cap schemes are also a good option. Investors willing to take greater risk can invest in aggressive equity funds such as Franklin Templeton’s Flexi Cap Fund and Prudential ICICI’s Dynamic Fund, both of which look for investing opportunities across market capitalisations. Thematic and sectoral funds can also be considered since there is sufficient time for the stories to show results. But, if your holding period is shorter, it is best to invest in the index, diversified equity funds and balanced funds. You could include mid- and small-cap funds if you are willing to take more risk.
A look at the returns from diversified equity funds which have been in existence in India for at least five years bolsters the case for long-term equity investing. These schemes have consistently beaten their benchmarks and have exhibited low volatility. The presence of a scheme in the markets for at least five years means that it has managed funds in bull and bear markets. Such schemes pass the holding time test and can form the core of any portfolio.
Strategies for asset allocation and portfolio construction are as unique as thumbprints. Time frame, income needs and tolerance for short-term volatility define the asset mix that each investor will adopt. If you have taken care of short-term cash needs and want to save for goals that have a long holding period, your investments should go into equity. You should invest in fund categories according to your risk and return parameters. Building a portfolio in this manner will ensure that it reflects the actual risk associated with an asset class and you do not lose out on returns merely because of your age. Time, not age is the key here!
IGNOU to offer new professional courses
28 Oct, 2007, 1245 hrs IST, PTI
NEW DELHI: In an effort to further broadbase its educational programmes, IGNOU will soon launch post graduate and degree courses in various professional fields, including Computational Sciences, Advanced Informatics.
As per the plan, the Indira Gandhi National Open University will offer post graduate, diploma and degree courses in Computational Chemistry, Scientific Computing, Computational Sciences, Advanced Informatics and Technology Enhanced Education.
A Memorandum of Understanding was signed between IGNOU Vice Chancellor V N Rajasekharan Pillai and Indian Institute of Information Technology and Management, Kerala, to explore ways to offer open learning programmes in these areas, IGNOU’s chief PRO Ravi Mohan
The goal is to offer quality education using emerging open learning system, he said.
IGNOU is collaborating with IIITM to offer educational opportunities to the students across the country in these areas, he said.