38.6c New Delhi, India, Thursday, April 25, 2024
Judiciary

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

By Lakshya Tewari      20 October, 2020 01:59 PM      0 Comments
Formulation 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 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”. 



Share this article:



Leave a feedback about this
TRENDING NEWS

key-changes-in-the-law-of-evidence-bharatiya-sakshya-adhiniyam-2023
Trending Speak Legal
Key changes in the Law of Evidence - Bharatiya Sakshya Adhiniyam, 2023

Explore the Bharatiya Sakshya Adhiniyam 2023, a transformative legal framework designed to modernize, humanize, and decolonize India's evidence law.

24 April, 2024 06:13 PM
plea-in-sc-seeks-sit-probe-into-electoral-bonds-scam
Trending Judiciary
Plea in SC seeks SIT probe into 'Electoral Bonds scam'

NGOs seek SC probe into Electoral Bonds, alleging pay-offs and quid pro quo between corporates and governments, demanding an SIT to investigate and recover proceeds of crime.

25 April, 2024 10:50 AM

TOP STORIES

kejriwal-eating-mangoes-sweets-and-having-tea-with-sugar-ed-tells-court
Trending Judiciary
Kejriwal eating mangoes, sweets and having tea with sugar, ED tells court

Enforcement Directorate alleges Delhi CM Kejriwal consumed mangoes, sweets, and tea with sugar in jail, raising doubts on his diabetes claim for bail plea.

19 April, 2024 11:01 AM
sc-to-consider-forming-guidelines-on-trial-for-deaf-dumb-people
Trending Judiciary
SC to consider forming guidelines on trial for deaf-dumb people [Read Order]

Supreme Court to consider guidelines for trials of deaf-dumb individuals, addressing fairness in cases like rape. Notice issued to Union and Chhattisgarh govt.

19 April, 2024 11:50 AM
big-expose-aryan-khan-drug-case-ncb-gyaneshwar-singh
Trending Interview
Big Expose | Aryan Khan Drug Case | NCB | Gyaneshwar Singh

A news report is going viral regarding the Deputy Director General of the Narcotics Control Bureau (NCB), Gyaneshwar Singh. Tarakant Dwivedi alias Akela, a Mumbai-based crime reporter has made big claims over the senior IPS officer's Gujarat visit.

19 April, 2024 05:10 PM
paralympic-athletes-application-for-license-renewal-raises-questions-on-condition-of-paralympic-sports-administration-in-india
Trending Executive
Paralympic athlete's application for license renewal raises questions on condition of Paralympic sports administration in India

Female paralympic athlete Jeetu Kanwar's application for license renewal has raised questions on the condition of paralympic sportspersons and paralympic sports administration in India.

19 April, 2024 06:06 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email