Satya Prakash
Tribune News Service
New Delhi, 4 October
The Supreme Court on Monday issued notice to the Center on a PIL seeking a uniform model builder-buyer agreement under the Real Estate Regulatory Authority (RERA) Act, 2016 to protect the interests of home buyers. Often cheated by Realtors.
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“It is very important for consumer protection as builders try to put any number of clauses in the agreement which the common people may not be aware of. There should be some uniformity in the agreement. It is important that this (same model builder-buyer agreement) is achieved,” said a bench headed by Justice DY Chandrachud.
The bench issued the notice after it was submitted by senior advocate Vikas Singh, representing the petitioner Ashwini Upadhyay, that some states have such a model agreement, while some others do not. He said the Center should enter into a model builder-buyer agreement to ensure uniformity in such agreements.
Complaining that the builders tried to influence the terms to be included in the agreement, Singh demanded that the Center should prepare a model agreement and direct all states and union territories to implement it.
Senior advocate Menaka Guruswamy, appearing for a group of home buyers, supported the petitioner and sought a model builder-buyer agreement to protect the interest of consumers.
In his petition filed last year, Upadhyay, a lawyer and Delhi BJP leader, urged all states and union territories to take steps to implement “model builder-buyer agreement” and “model agent-buyer agreement” and avoid “mental” directions. was requested. . Physical and financial loss to home buyers.
He urged the apex court to issue necessary directions to the home buyers to compensate the loss due to excessive delay on the part of the promoters-builders and recover their money. Upadhyay submitted that due to willful excessive delay, real estate customers are not only suffering mental and financial loss, but their right to life and livelihood is also violated.