Lawstreet Journal

Plea Filed in Apex Court Seeking Direction for Formulation of Model Builder-Buyer & Agent-Buyer Agreement

Lawstreet Journal 20 Oct 2020 7:29pm

Image courtesy: Lawstreet Journal Judiciary Plea Filed in Apex Court Seeking Direction for Formulation of Model Builder-Buyer & Agent-Buyer Agreement

In order to infuse transparency, reduce fraud, fair play, and to protect the consumers a plea has been filed on behalf of Advocate Ashwini Kumar Upadhyay in the apex court which seeks direction to the Center for the formulation of a model Builder-Buyer and an Agent-Buyer Agreement. The plea states that the model agreement mentioned above will check and restrain the builders, promoters, and agents from indulging in unfair practices in order to protect the rights of the customers and also the objective of the Real Estate Regulation Act, 2016. 

The plea states that the cause of action has accumulated over time when states failed to enforce RERA within two given deadlines. The plea said that the builder's agents and promoters use one-sided agreements which violate the Article 14, 15 & 21 of the Constitution of India and also there are many instances where there has been a delay in handing over the possession to the customers and when the customers go to police there is no FIR registered as the police cite the arbitrary clause of the agreements. The pleas stated “It is impossible to achieve the golden goals of Preamble without curbing corruption, black money generation and Benami transaction, the biggest menaces to our democracy and development. Therefore, the Center must frame a Builder Buyer Agreement and Agent Buyer Agreement”. 

The petitioner further said that the pre-launch of the project which takes place is without securing requisite approvals for the project from authorities and it openly violates the Law and… Continue Reading...


Tagged: Public Interest litigation   Public Interest Litigations  
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