New Delhi: The Supreme Court on Monday issued a notification to the Center looking for framing the buyer-buyer and agent buyer agreements in the real estate sector as expected under the Authority of Real Estate (Rera).
The Apex Court said that it would help protect home / apartment buyers so as not to be exploited by builders.
“Builder-buyer uniform agreements must be framed by the center to protect the interests of the home buyer’s lakh,” the Supreme Court said.
“This is an important problem about the protection of buyers, often wearing back legs by clauses in the agreement made by the builder,” said the backup led by Justice D Y Chandrachud.
Interestingly, Judge Chandrachud said that once the buyer’s buyer agreement model framed by the center, SC will direct the country to follow it.
The court responds to the direction of litigation of public interests (pills) to the center to frame the model for builders and agents buyers to protect customers and bring transparency in the realty sector in harmony with the Rera Law, 2016.
PIL with advocate and leader BJP Ashwini Upadhyay is also looking for directions for All countries to enforce the ‘model buyer buyer agreements’ and ‘agent buyer agreements’ and to take steps to avoid “mental, physical and financial injury” to customers.
The previous Ministry of Housing came out with the model buyer agreement for housing projects, but no country adopted it.
The model agreement is intended to protect the buyer and payment of payments that are delayed and ala for ownership that is delayed uniformly.
“Promoters, builders, and agents use the one-sided agreement that manifests arbitrarily that does not place customers on the same platform as they, who offend Article 14, 15, 21 constitutions.
There are many intentional delays in handing over ownership.
And customers submitted Complaints but the police did not register fir, quoted the arbitrary clause of the agreement.
“The builder issued a revised shipping schedule again and again and adopted an unfair restrictive trade practice.
All of this numbered a criminal conspiracy, fraud, cheating, criminal violations of trust, dishonestly induces property delivery, misuse of property and corporate law violations, “said the application.
Because of excessive delays, real estate customers.
Not only to suffer mental injury and Finance but also violations of the right to their lives and livelihoods, expressed pills that submitted through Ashwani Kumar Dubey’s advocate.
This argues that many developers across the country are still following the project’s pre-launcher practices without securing the necessary agreements from the authorities and Istes “soft launch” or “pre-launch”, so that it openly violates the law, but there is no action taken against the builder to date.
“It is necessary to state that the registration of the project with the Supervisory Authority has been obligatory before being launched for sale and for registration Basic prerequisites adala h that developers must have all the necessary agreements.
“Thus the buyer is protected because the project is fenced from non-approval or delays in agreement which is one of the main causes of project delays,” said the application.
It also looks for directions to compensate for buyers because of losses incurred due to a very large delay in the promoter builder section and recovering their money.