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  • Real Estate Regulatory Authority (RERA)

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  • RERA or Real Estate (Regulation and Development) Act, 2016 aims at protecting the home purchasers and also boosts the real estate investments. The bill of this Parliament of India Act was passed on 10 March 2016 by the Upper House (Rajya Sabha). The RERA Act was effective on and from 1 May 2016. During this time, Out of 92 sections, 52 were notified. All the other provisions were effective on and from 1 May 2017.

    RERA Full Form: The full form of RERA is Real Estate Regulatory Authority. This Act was introduced by the Indian National Congress Government in 2013.

    RERA Act Rules:

    The Real Estate (Regulation and Development) Act, 2016 under Section 84 envisions that within a period of six months from its commencement date, State Governments will set the rules to carry out the provisions associated with the Act.

    • On 31 October 2016, the centre, through HUPA (Housing & Urban Poverty Alleviation) Ministry, released the general rules of the Real Estate (Regulation and Development) Act, 2016.
    • All these rules are applicable to the Union Territories like Chandigarh, Lakshadweep, Daman & Diu, Dadra & Nagar Haveli and Andaman & Nicobar Islands.

    Some Points Under Real Estate Regulation and Development (RERA)

    • Security: Under the RERA act, a minimum of 70% of the buyers’ and investors’ money will be kept in a separate account. This money will then be allotted to the builders only for construction and land related costs. Developers and builders cannot ask for more than 10% of the property’s cost as an advance payment before the sale agreement is signed.
    • Transparency: Builders are supposed to submit the original documents for all projects they undertake. Builders are not supposed to make any changes to the plans without the consent of the buyer.
    • Fairness: RERA has now instructed developers to sell properties based on carpet area and not super built up area. In the event that the project has been delayed, buyers are entitled to get back the entire money invested or they can choose to be invested and receive monthly investment on their money.
    • Quality: The builder must rectify any issue faced by the buyer within 5 years of purchase. This issue must be rectified within 30 days of the complaint.
    • Authorisation: A regulator cannot advertise, sell, build, invest, or book a plot without registering with the regulator. After registration, all the advertisement for investments should bear a unique project wise registration number provided by RERA.

    Salient Features

    RERA was established to enhance accountability and transparency with respect to housing transactions and real estate. Here are the salient features of this Act:

    • Establishment of Real Estate Regulatory Authority in every Indian state. This authority will monitor as well as adjudicate and arbitrate any disputes with respect to real estate projects in the concerned state.
    • Establishment of a fast-track mechanism for settlement of disputes. This will be done via an appellate tribunal and dedicated adjudicating officers.
    • All real estate projects must be registered with RERA. Moreover, the authority will have jurisdiction over such projects. They can also refuse the registration of a particular project if guidelines have not been adhered to.
    • A project’s registration can be cancelled if RERA receives any complaints that are found to be true after an inquiry has been made.
    • A property cannot be sold if it is not registered with RERA.
    • All promoters need to upload details of the project to the RERA website. These details include the types of apartments or plots, registration information, list of approvals taken and those remaining, the layout plan, sanction plan, and the status of the project.
    • A promoter’s application will be approved or rejected within 30 days. If you do not receive any information regarding this, you can assume that your application has been approved.
    • If a promoter wishes to take an application fee or an advance payment from a buyer for a plot, apartment, or building, it cannot be more than 10% of the cost. Additionally, an advance payment or the application fee can be taken only once the promoter enters into a written agreement with the buyer regarding the sale of the property and this sale has been registered.
    • All promoters will have to obtain insurance on the title of the building, the land, and the construction of each project.
    • 70% of the amount collected from the buyers for a project needs to be deposited in a separate account. This account, ideally, should cover the cost of construction and of the land. It can only be withdrawn after the promoter receives certification from an architect, a chartered accountant, and an engineer.
    • As a promoter, if you wish to transfer or assign a majority of your rights and liabilities in a real estate project to a third party, you will have to get prior written consent from two-thirds of the allottees (not including the promoter). Additionally, you will need the written approval of RERA.
    • If there is any default from the side of the promoter or the buyer, both will be liable to pay an equal rate of interest.
    • If the promoter causes any losses to the buyer due to other people laying claim to property (defective title of land) which is under construction or has been constructed, the promoter will have to compensate the buyer. There is no limitation provided by any law currently with respect to the compensation amount.
    • If a person has any problems regarding violation of the provisions or rules of this Act by a promoter, buyer, or an agent, they can file a complaint with RERA.
    • While an enquiry is taking place, RERA can stop an agent, promoter, or buyer from continuing any activity against which a complaint has been raised.
    • If any of RERA’s decisions regarding a complaint is not satisfactory, the aggrieved party can submit an appeal before the Appellate Tribunal.
    • If the promoter fails to follow RERA’s orders, they will have to pay a penalty. This amount could be up to 5% of the evaluated cost of the property.
    • If the Appellate Tribunal’s orders are not complied with, a penalty will have to be paid. This can either be imprisonment for up to 3 years or a fine (up to 10% of the approximate cost of the project), or both.
    • If a company commits an offence under this ACT, any person who was in charge of the business at the time of the offence being committed and the company will be held guilty and will be punished.
    • No civil court will have any jurisdiction with respect to any matter that comes under RERA or the Appellate Tribunal’s jurisdiction. As such, no court can grant an injunction with regards to any action taken by RERA or the Tribunal.

    Benefits of RERA

    RERA has a number of benefits for the buyer, the promoter, and the real estate agent. These include:

    • Standardisation of carpet area: Before RERA the manner by which a builder calculated the price of a project wasn’t defined. However, with RERA there is now a standard formula that is used to calculate carpet area. This way, promoters cannot provide inflated carpet areas to increase prices.
    • Reducing the risk of insolvency of the builder: Most promoters and developers tend to have multiple projects being developed at the same time. Earlier, developers were allowed to move funds raised from one project to that of another. This is not possible with RERA since 70% of the funds raised need to be deposited in a separate bank account. These funds can be withdrawn only after certification by an engineer, a chartered accountant, and an architect.
    • Advance payment: As per the rules, a builder cannot take more than 10% of the cost of the project from the buyer as advance or application fees. This saves the buyer from having to source funds fast and having to pay a large amount.
    • Rights to the buyer in case of any defects: Within 5 years of possession, if there is any structural defects or problems in quality, the builder has to rectify these damages within 30 days at no cost to the buyer.
    • Interest to be paid in case of default: Prior to RERA, if the promoter delayed possession of the property, the interest paid to the buyer was much lower than if the buyer delayed payments to the promoter. This has changed with RERA and both parties have to pay the same amount of interest.
    • Buyer’s rights in case of false promises: If there is a mismatch in terms of what was promised by the builder and what has been delivered, the buyer is entitled to a full refund of the amount that was paid as advance. At times, the builder may have to provide interest on the amount as well.
    • If defect in title: If at the time of possession, the buyer discovers that there is a defect in the title of the property, the buyer can claim compensation from the promotor. There is no limit to this amount.
    • Right to information: The buyer has complete right to information about the project. This includes plans related to layout, execution, and completion status.
    • Grievance Redressal: If the buyer, the promoter, or the agent has any complaints with respect to the project, they can file a complaint with RERA. If they aren’t pleased with RERA’s decision, a complaint can also be filed with the Appellate Tribunal.

    Impact of RERA Act:

    After the Real Estate (Regulation and Development) Act, 2016 enforcement, registration of sale deed of a project unit cannot be done in the office of the sub-registrar without obtaining Occupancy Certificates or Completion Certificates. At present, unit registrations are taking place without checking. It is occurring without obtaining Occupancy Certificates or Completion Certificates. No one is bothered about the legal consequences. The Department of Stamps & Registrations know about the RERA Act implications but they have not taken necessary steps to stop the unlawful sale deed registrations of such properties. Below are the few impacts:

    • Fewer project will be launched as the promoters and builders will spend time to understand the impact of the Real Estate (Regulation and Development) Act, 2016. However, the honest promoters / builders / developers will benefit from this scenario as they will face lesser competition.
    • Dishonest builders will disappear as they will fail to sustain in the market after the RERA Act is implemented.
    • The 32 sections that have been added to the Real Estate (Regulation and Development) Act, 2016 will encourage a financial discipline in this sector.
    • After the Act implementation, the developers will have to follow several formalities if they wish to make certain changes to the project after its commencement. A short-term chaos might break out in the real estate industry but in the long run, it will boost the confidence of the customers and they will invest more.

    Carpet Area Defined Under RERA Act:

    The Real Estate (Regulation and Development) Act, 2016 has mandated the developers on how to sell their apartments depending on the carpet area.

    • According to the Act, carpet area is the total area of the floor that can be used within the walls of the apartment. This does not include areas like open terrace, shafts, balconies, etc.
    • This normalization of the carpet area definition will ensure that buyers are not mislead by the unlawful promoters.

    As the loading factor is high, the saleable area can be inflated by the developer. This will allow the developer to reduce rate per square feet on the saleable area that is inflated. This is extremely misleading as the home purchasers get happy assuming that they are getting amazing rates. However, the flat size never changes, only the loading factor does.

    Using the standard for carpet area will ensure that there is a certainty on the usable area. This also helps in the analysis of cost per square feet. Comparison between the different projects also becomes easier.

    How Can You Ensure that the Property is RERA Compliant?

    Things that must be considered to understand if a property is RERA compliant are mentioned below:

    • If the area of the property is more than 500 square meters, the builders should register it under RERA Act before launching or advertising a project on that particular property.
    • Builders must provide proof that 70% of the total payment has been deposited by them into a discrete escrow account instead of using it for some other investment.
    • Builders must get all the necessary consents before advertising a new project. Discounts for early bird bookings and pre-launch offers will not be there anymore.

    Penalties Under RERA

    If you fail to follow any of RERA’s rules, the following penalties will be applicable:

    Offence Penalty
    For Promoters
    Non-registration 10% of the project’s estimated cost
    Giving false information 5% of the project’s estimated cost
    Violation of laws Up to 3 years’ imprisonment or a fine of 10% of the estimated cost of the property, or both
    For Buyers
    Non-compliance with RERA Daily penalty up to 5% of the approximate cost of the project
    Non-compliance with the Appellate Tribunal Imprisonment up to 1 year or 10% of the approximate cost of the project, or both
    For Agents
    Non-registration of projects Rs.10,000 per day up to 5% of the approximate cost of the project
    Non-compliance with RERA Daily penalty up to 5% of the project’s estimated value
    Non-compliance with the Appellate Tribunal Imprisonment up to 1 year or 10% of the project’s estimated cost, or both

    List of States that have Enforced RERA ACT:

    Name of the State Date of Implementation
    Himachal Pradesh 28 Sept 2017
    Telangana 4 Aug 2017
    Haryana 28 Jul 2017
    Chattisgarh 26 Apr 2017
    Punjab 8 Jun 2017
    Karnataka 10 Jul 2017
    Tamil Nadu 22 Jun 2017
    Uttarakhand 28 Apr 2017
    Jharkhand 18 May 2017
    Rajasthan 1 May 2017
    Bihar 1 May 2017
    Odisha 25 Feb 2017
    Andhra Pradesh 28 Mar 2017
    Maharashtra 19 Apr 2017
    Delhi 24 Nov 2016
    Madhya Pradesh 22 Oct 2016
    Daman & Diu 31 Oct 2016
    Lakshadweep 31 Oct 2016
    Andaman & Nicobar Islands 31 Oct 2016
    Dadra & Nagar Haveli 31 Oct 2016
    Chandigarh 31 Oct 2016
    Uttar Pradesh 11 Oct 2016
    Gujarat 20 Oct 2016

    How to Register Projects Under RERA

    For Promoters
    1. Prepare a checklist and collect all the documents required for registration.
    2. Obtain the number of the bank account opened as per Section 4 (2) (I) (D) the Act.
    3. Complete and submit Form A. This is the application form for registration.
    4. Complete and submit Form B. This is a declaration made by the promoter in accordance with Section 4 of RERA.
    5. Complete and submit Form G. This is the draft agreement of allotment or sale of the project.
    6. Submit an affidavit stating that the details entered in Form G aren’t contrary to the rules set out by RERA.
    7. Submit an affidavit stating that no booking amount has been taken from prospective buyers and is in accordance with Section 3 of the Act.
    8. Pay the fees required for registration which varies from state to state.
    9. Dispatch a duly-signed hard copy of all of these documents by registered post to the relevant RERA authority.
    10. Complete and submit Form C which then lets you obtain the registration certificate.
    For Real Estate Agents
    1. Complete the application form and submit it along with the required documents and fee to RERA.
    2. A registration number will be provided to you. This number needs to be mentioned for every property sale.
    3. You are required to maintain books of accounts, documents, and records related to all transactions on a quarterly basis.
    4. All information and documents regarding any project must be shared with the buyer.
    5. You could be suspended if you misrepresent yourself or commit any fraud during the registration process.

    How to File a Complaint

    Under Section 31 of RERA, complaints can be filed against promoters, buyers, or agents. Here are the steps to follow while filing a complaint are:

    1. Find a RERA lawyer and file a complaint under the appropriate jurisdiction.
    2. Fill the complaint as per the rules prescribed by the concerned state in which the project is situated.
    3. Include the following details:
      • Details of the applicant and the respondent.
      • Address and registration number of the project.
      • A brief statement of the facts as well as the grounds of the claim.
      • If any relief is sought, then details of the relief and interim reliefs (if any).
    4. Pay the fee. Keep in mind that this amount differs from state to state. For example, the fee in Maharashtra is Rs.5,000, while it is Rs.1,000 in Karnataka.
    5. Alternatively, you can file a complaint online by visiting your state’s RERA website.
    6. If you aren’t satisfied with the decision made by RERA, you can file a complaint with the RERA Appellate Tribunal within 60 days.
    7. You can also approach the High Court within 60 days if you aren’t satisfied with the Appellate Tribunal’s decision.

    Documents Required

    In order to register a project under RERA, keep the following documents ready:

    • Income tax returns of the promoter for the last 3 years.
    • Audited balance sheet, profit and loss account, and auditor report of the promoter.
    • Promoter’s PAN Card and a copy of their Aadhaar Card. If there is more than one promoter, then PAN Card and Aadhar Card copies of all the promoters must be provided.
    • Passport size photograph of the promoter. If the promoter is a firm or a company, then photos of all the members including the director and chairman need to be attached.
    • The legal title deed and any other relevant document which has been authenticated. These documents should reflect all legal rights that the promoter has over the land. If this is not available, the promoter should provide a non-encumbrance certificate. This needs to be procured from a revenue authority who is not below the rank of a Tehsildar.
    • If the promoter is not the owner of the land on which the project is being developed, a copy of the collaboration agreement along with the consent of the owner needs to be provided.
    • The layout plan and sanctioned plan of the project which has been approved.
    • A plan of all the facilities to be provided. This includes drinking water facilities, fire-fighting facilities, usage of renewable energy, and evacuation facilities.
    • All location details regarding the project. This should include boundaries of the proposed project down to the latitude and the longitude.
    • An estimated invoice with details which include the sale agreement and conveyance deed proposed.
    • The carpet area, number of apartments, open terrace area, and balcony area, if any.
    • Details of the number of garages for sale and open parking areas available.
    • Names and addresses of real estate agents (if any).
    • Names and addresses of structural engineers, architects, contractors, and any other person involved with the development of the project.
    • Declaration under Form B. This declaration states that the promoter or anyone authorised by the promoter cannot discriminate during allotment of the project.
    • Any other document required by the state in which you are registering the project.

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    RERA Act Reviews

    • SBI Home Loan
      "Best Loan service"
      0.5 4.0/5 "Great!"
      Home Loan services was fine from State bank of Travancore since i got the offer. Once i applied the loan, they approved the loan on the spot. I purchased the loan amount of Rs. 7 lakhs and the provided me a interest rate of 7.2% at the time of purchase in the year of 2008. But when i am closing the loan in the year of 2015, the interest rate was 8.5%. I have done the pre-closure and there is no additional charges for that.
      Was this review helpful? 0
      , tirunelveli
      Reviewed on Oct 23, 2019
    • Canara Bank
      Canara Bank Home Loan
      0.5 3.0/5 "Satisfactory"
      I have taken a home loan with CANARA bank on 1 year before, with the good amount for the tenure period of 20 years. The rate of interest 8.9% was okay. More than 3 months to get a card. EMI payment is nominal. I use to get remainder message on time. But their service is not good and no prompt.
      Was this review helpful? 0
      , thane
      Reviewed on Oct 21, 2019
    • HDFC Limited Home Loan
      "Worst service"
      0.5 2.0/5 "Expected more"
      They won't allow any customer to pay the partial payment and they will keep on increasing the interest rate. To attract the customers, they will say its a low interest. Even RBI has reduce the interest rate they will reduce upto 0.5% hence i won't recommend this HDFC Limited Home loan. The service is not good. Even i sent a mail, the will ask me to contact the branch.
      Was this review helpful? 0
      , chennai
      Reviewed on Oct 20, 2019
    • Indiabulls Home Loan
      "Good Loan Service"
      0.5 5.0/5 "Blown Away!"
      The rate of interest are very high in India bulls, if they are not reducing the interest obviously the customers will move to different banks. India bulls will provide 99% loan to the customer which is a catchy things which other banks don't. They offered me a rate of interest is 14%. It was a pre-approved loan. I have taken the loan amount of Rs. 26 lakhs for the tenure period of 20 years.
      Was this review helpful? 0
      , thane
      Reviewed on Oct 20, 2019
    • IDBI Home Loan
      "Need improvement"
      0.5 3.5/5 "Pretty good"
      I took a home loan in IDBI before 6years because I got an approval from Nationalized bank so proceeded further. In Bangalore, they split up the property into A & B and my property belongs to Btype, the chances are less for loan and that time IDBI came forward to provide a loan which I have utilized. They did not inform me about MCLR which is interest type can be changed to floating from fixed but after one year it got converted which I came to know my neighbor and there was no intimation from IDBI bank.
      Was this review helpful? 0
      , bangalore
      Reviewed on Oct 19, 2019
    • IIFL Home Loan
      "Good Service"
      0.5 4.0/5 "Great!"
      From IIFL, i have taken the home loan and the process was not lengthy and the follow up was good. IIFL people approach was prompt and they offered me a low interest rate of 8.35% and the loan amount also they have increased what I'm looking for. Earlier they offered me only Rs. 15 lakhs after that they have sanctioned more than 16 lakhs.
      Was this review helpful? 1
      , mumbai
      Reviewed on Oct 17, 2019
    • HDFC Limited Home Loan
      "Hassle Free Loan"
      0.5 5.0/5 "Blown Away!"
      HDFC is a hassle free and quick loan services. Everything was done through online so no paper work required. I had applied the loan amount of Rs. 30 lakhs. They have sanctioned the loan in 5 days. Its floating interest rates and there was no hidden charges. I have chosen the tenure period of 15 years. If the RBI is reducing the interest rate but they decreased the same after 1 year but increment is happening immediately.
      Was this review helpful? 1
      , thane
      Reviewed on Oct 17, 2019
    • LIC Housing Home Loan
      "Good Loan service"
      0.5 4.0/5 "Great!"
      I got the good interest rate of 8.5% from the LIC housing with minimal documents. Overall process also very fast and good so i have chosen this bank. I had applied the loan amount of Rs. 17 lakhs and i have chosen the tenure period of 10 years. Totally, i'm satisfied with the loan service provided by LIC.
      Was this review helpful? 0
      , mumbai
      Reviewed on Oct 17, 2019
    • SBI Home Loan
      "It's okay"
      0.5 4.0/5 "Great!"
      I had a home loan with State Bank of India and it was closed without any issues. They took longer time for the verification and lot of paper works. The interest rate is flexible and fine. There are charges for processing fee and plus insurance fee.
      Was this review helpful? 2
      , thiruvananthapuram
      Reviewed on Oct 17, 2019
    • Corporation Bank Home Loan
      "Best Service"
      0.5 4.0/5 "Great!"
      I have taken Home loan directly through Corporation Bank .I have applied for the loan amount of 12 lakhs for the tenure of 18years .More documents collected for this home loan and got the loan amount on time and it was really sufficient .There was no drawbacks faced so far .I am satisfied with the service .
      Was this review helpful? 2
      , mumbai
      Reviewed on Oct 16, 2019
    • HDFC Limited Home Loan
      "Good Service"
      0.5 4.0/5 "Great!"
      I had applied for home loan with HDFC limited on few months before, they have sanctioned a loan for 22 lakhs but due to some problem of my builder from my end I kept on hold for the loan process. They have detected for the processing fee of 11 thousands but they refunded 9 thousands rupees. The tenure of 15 years. Interest rate was nominal of 8.55%.
      Was this review helpful? 0
      , kanchipuram
      Reviewed on Oct 15, 2019
    • HDFC Limited Home Loan
      0.5 4.0/5 "Great!"
      With HDFC limited I have taken home loan on 8 months before which was processed through them directly. They have approved for 8 lakhs but as of now I have taken only for 5 lakhs remaining 3 lakhs I will get later from their end. Due to shop will come in commercial loan so I have split the loan amount to get it. For the tenure of 15 years. The processing fee for 5000 rupees. The rate of interest 8.8%, they have sanctioned the loan within one month.
      Was this review helpful? 0
      , coimbatore
      Reviewed on Oct 15, 2019
    • Punjab National Bank Home Loan
      "Average service"
      0.5 3.0/5 "Satisfactory"
      I have availed Home loan directly through Punjab National Bank .The rate of interest and the processing fee was very high ,I have got the loan amount on delay basis and i have applied for 26 lakhs for the tenure of 15 years.I have not faced any difficulties until i have received the loan .
      Was this review helpful? 0
      , new delhi
      Reviewed on Oct 14, 2019
    • SBI Home Loan
      "Excellent Loan Service"
      0.5 5.0/5 "Blown Away!"
      SBI Home Loan is excellent because I've a salary account with them. They offered me a interest rate of 9.5% approximately. I took the loan amount of Rs. 23 lakhs so far i have got only Rs. 16 lakhs since my building is under construction. My EMI is not yet started. They sanctioned the loan in 2 working days.
      Was this review helpful? 1
      , dindigul
      Reviewed on Oct 14, 2019
    • SBI Home Loan
      "Easy and best loan"
      0.5 5.0/5 "Blown Away!"
      SBI is a best bank and they had a better option. There is only simple documentation required and executive came to my place for collecting all the documents. I got the loan within 7 days. SBI did not taken any processing charges and they gave better and cheap interest. They take minimal time and better response from the customer care so i had chosen SBI for my home loan.
      Was this review helpful? 1
      , agra
      Reviewed on Oct 11, 2019
    • Central Bank of India Home Loan
      "Highly recommendable bank"
      0.5 5.0/5 "Blown Away!"
      My home loan was purchased from Central bank of India. The branch offer was approved the loan immediately and they had a good behavior with the customer. I got the better clarity about the loan process as well as the rate of interest in central bank of India is less than compared to others so i have chosen this bank and the Branch Manager helped me in a better way.
      Was this review helpful? 3
      , bhubaneshwar
      Reviewed on Oct 05, 2019
    • DHFL Home Loan
      "Need to decrease interest charges"
      0.5 5.0/5 "Blown Away!"
      From DHFL I have taken a home loan almost more than a year. One of my cousin's friend working there he recommend to apply for a home loan. The process was smooth and sanctioned a loan within 6 days with sufficient amount of 20 years. The rate of interest was high.
      Was this review helpful? 4
      , vijayawada
      Reviewed on Oct 05, 2019
    • ICICI Bank Home Loan
      "Average Loan service"
      0.5 3.0/5 "Satisfactory"
      ICICI bank has provided me a home loan at the time of i want on a immediate basis. Since the necessity is over they have provided me a timeliness loan. I taken the loan amount of Rs. 10 lakhs and the have charged me a higher interest rates which i'm not comfortable with.
      Was this review helpful? 1
      , mumbai
      Reviewed on Oct 05, 2019
    • HDFC Limited Home Loan
      0.5 5.0/5 "Blown Away!"
      I have balance transfer for a home loan with existing finance to HDFC LIMITED. One month before only I have a transfer of a loan. They have outstanding amount of 10 lakhs for the tenure period of 10 years. The rate of interest is 8.6% only for mortgage charges for 8 thousands need to pay for it.
      Was this review helpful? 1
      , goa
      Reviewed on Oct 04, 2019
    • review Home Loan
      "Need to decrease charges & improve customer service "
      0.5 1.0/5 "Really Bad"
      I have taken a home loan with SUNDARAM FINANCE on 10 years before which was processed through them directly. The amount which was given for 13 lakhs for the tenure period of 20 years. There was lot of issues I faced with them customer service is not good response. The rate of interest was high of 14% compare to other.
      Was this review helpful? 1
      , goa
      Reviewed on Oct 04, 2019
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