SC Calls for Uniformity in Builder-Buyer Agreements Amid Nationwide Fraud Concerns

SC Calls for Uniformity in Builder-Buyer Agreements Amid Nationwide Fraud Concerns

The Supreme Court emphasized the necessity of achieving uniformity in builder-buyer agreements, noting widespread instances of property buyers being defrauded by builders across India.

Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra made this observation during the hearing of a public interest litigation filed by Bharatiya Janata Party (BJP) leader and advocate Ashwini Upadhyay, advocating for the formulation of uniform builder-buyer agreements.

Senior Advocate Devashish Bharuka, serving as Amicus Curiae in the case, informed the Court that a final status report, along with draft builder-buyer agreements, has been submitted and placed on record.

It was further noted that suggestions from State governments on this matter have been received and incorporated into the submissions.

"We need to see the amicus report and we will (see) objections of CREDAI. We have to take it on record and say that all States need to implement it ... It needs uniformity," the Court said before posting the matter for further hearing on July 19.

During earlier hearings, the Court had been informed that the following items have been placed on record:

  • Part ‘A’: Proposed clauses of builder-buyer agreements aimed at achieving uniformity nationwide.
  • Part ‘B’: Additional clauses proposed by States, with the condition that they must not contradict or weaken Part ‘A’ clauses and must comply with the provisions of the Real Estate (Regulation and Development) Act 2016.

The Court had also allowed stakeholders, including industry associations, to submit their suggestions on these model agreements to the Union Ministry of Housing and Urban Affairs.

 

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