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 there has been no action taken place against it to date. The petitioner was stipulating the objectives and salient features of the RERA act through this. The plea further said that Supreme Court has the power and jurisdiction and is also obligated to protect the fundamental rights of the people under Article 21 and also if the Supreme Court orders then according to Article 144 all authorities civil or judicial in the territory of India has to act in aid of the order passed by the apex court.
The prayer stipulates the direction of the Supreme Court for enforcing the ‘Model Builder Buyer Agreement’ and ‘Model Agent Buyer Agreement” and also to take steps for avoiding mental and financial injury, ensuring accountability, making a mechanism for curbing the criminal activities associated with it, etc. The plea in the SC also said that “Petitioner is seeking directions to all States to enforce ‘Model Builder Buyer Agreement’ & ‘Model Agent Buyer Agreement’ & to take steps to avoid physical and financial injury; ensure accountability, develop mechanisms to weed-out criminal conspiracy for wrongful gain, criminal breach of trust and dishonest misappropriation of buyers’ money, committed by Promoters Builders and Agents”.