News: Assured return offers by real estate builders to be treated as Ponzi scheme-23.02.2018

Assured return offers by real estate builders to be treated as Ponzi scheme

The proposed law to crack down on Ponzi schemes will bar real estatedevelopers that offer fixed returns till possession as well as schemes from jewellers as the government believes that they are "unregulated deposits".

The clampdown on realtors, jewellers and other deposit-seeking entities is part of the Banning of Unregulated Deposit Schemes Bill, which was cleared by the Cabinet on February 21 and is expected to be introduced in Parliament shortly.

The bill requires all deposit-seekers, including entities that are already regulated, to register with the designated authority provided under the proposed law.

Several unheard-of real estate developers, starved of cash from lenders, offer "assured returns" of 12-14% till possession or even seek investments with the promise of attractive returns.

Similarly, many jewellers, including some renowned names in the business, have schemes that allow consumers to pay 11 instalments with the 12th coming from the company. The money can then be used to buy jewellery during a specified period.

There are others which require consumers to pay installments for at least 10 months and, depending on the duration of the deposits, offer discounts of 50-60% of the monthly contribution.

Senior government officials told TOI that these schemes are nothing but deposits and need to be regulated.

While there have been attempts in the past to curb such offers, they have not just continued but even expanded in the real estate sector.

On many occasions, the investors have complained that developers have paid the instalment during the initial few months after which the payment has stopped.

"Many investors, especially in Bengal, Odisha and Jharkhand, have burned their fingers and they are poor people. We have received several complaints from Noida and nearby towns too about real estate sector. It is important to regulate them," explained an official. Several investors have been duped by Ponzi schemes such as Saradha and Rose Valley, which were unregulated and promised high returns.

The bill has proposed tough penal provisions, including up-to-a-seven-year jail term, for offering unregistered schemes. The schemes being offered by the developers are a grey area with the regulation remaining unclear. Through the new legislation, the government is trying to plug loopholes and protect the interests of depositors.