Paridhi Arya
Published on April 19, 2022 at 13:36 IST
The Petition which was filed by Ashwini Upadhyay heard by the Bench of Supreme Court comprising Justice D Y Chandrachud and Justice Surya Kant.
The Bench is dissatisfied with the responses of the States over National Model ‘Builder Buyer Agreement’.
The Bench ordered all the States to provide the details of ‘Agreement to Sale’ of flats under Real Estate (Regulation and Development) Act, 2016 (RERA) by May 15.
The Petitioner raised the issue that the buyer are exploited by the builders or Realtors and so the Centre should form Uniform Agreement for sale in whole India.
Additional Solicitor General Aishwarya Bhati and Amicus Curiae of the Case Debanish Bharuka submitted in the Court that only six states have submitted the details to scrutinize the provision which are in inconformity with the Central law.
Section 13 of Real Estate (Regulation and Development) Act explains agreement to sale and Prohibit to take advance money before entering in the Agreement to Sale from the allottee.
The Court directed the Centre and Amicus Curiae to cooperate with each other in taking out issues in ‘Agreement to Sale’ and then prepare a Model Agreement on it.
While preparing this Model Agreement views of builders and flat buyers should be considered and the next was decided to be held on third week of July.
The Additional Solicitor General Aishwarya Bhati submitted in the Court that after comparing the Laws it was found that Additional Clauses are added by Maharashtra and Haryana Government in builder- buyer Agreement.