Guwahati: The Assam Real Estate Appellate Tribunal (REAT) through an order on Monday ruled that promoters of the real estate projects have the onus to draw up and enter into the agreement for sale with an allottee, which it observed, is strictly in accordance with the regulations.
“The onus is on the promoter to draw up and enter into the agreement for sale with an allottee strictly in accordance with the prescribed form given at Annexure ‘A’ of the Assam Real Estate (Regulation and Development) Rules, 2017,” the Tribunal stated, while disposing of an appeal filed by a Guwahati-based promoter against an order, passed by the Real Estate Regulatory Authority (RERA), Assam.
In this case, a couple had entered into a registered agreement for sale with the promoter on October 31, 2017 to purchase a residential flat in an RCC building at Chatribari, Guwahati.
The allottees approached RERA Assam with a number of grievances against the promoter.
A final order passed on December 7, 2022, had as many 29 directions passed by RERA for due compliance by the builder.
One of the directions was imposition of a penalty of Rs 50,000 on the builder for not signing the sale agreement in accordance with the prescribed format. The builder filed an appeal before the Assam REAT against this order.
On Monday, the Tribunal rejected the contention of the builder that although the agreement for sale did not conform to the prescribed form, no malafide was intended and that both parties had entered into the agreement with open eyes.
The Tribunal also rejected the contention that any shortcomings in the agreement could always be rectified at the time when the conveyance deed is executed by the parties.
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Giving reasons in support of its order, the Tribunal stated that “Sub-section (2) of Section 13 of Chapter III of the Real Estate (Regulation and Development) Act, 2016, under the heading “Functions and Duties of Promoter” provides that the agreement for sale shall be in such form as may be prescribed. Sub-rule (1) of Rule 9 of the Assam Real Estate (Regulation and Development) Rules, 2017 accordingly prescribes the form in Annexure ‘A’. On a harmonious reading of both the provisions, the onus is upon the promoter to draw up and enter into the Agreement for Sale with an allottee strictly as per the form given at Annexure ‘A’.”
The order was passed by Justice (retd) Manojit Bhuyan, chairperson, Assam REAT, and Onkar Kedia, member, Assam REAT.
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