Responsibility of builder does not end with handing over property: Assam REAT, ET RealEstate

June 28, 2023

GUWAHATI: Assam Real Estate Appellate Tribunal (AREAT) stated that the responsibility of a builder does not end merely with handing over possession of a property to the buyer after receipt of the consideration amount. There has to be an absolute transfer of title of the property through execution of a Conveyance Deed between the necessary parties.

The order was passed by Justice (Retd.) Manojit Bhuyan, Chairperson and Onkar Kedia, Member, Assam REAT. The Assam Real Estate Appellate Tribunal(REAT) made this observation while dismissing two appeals filed against a judgement, delivered by the Real Estate Regulatory Authority(RERA), Assam.

In August, 2013, an allottee and a builder had entered into a registered Agreement for Sale for purchase and sale of an apartment in a project. On payment of the total consideration amount of Rs.18,00,000/-, the builder handed over the apartment to the allottee in November, 2015.

The landowners, however, refused to hand over possession of the flat to the buyer, stating that they had taken over the responsibility to complete the construction of the project, as the Builder had been facing financial constraints.

Both the Land Owners and the Builder had entered into a Deed of Agreement in January, 2016 under which it was agreed upon by both the parties that the Flats already sold by the Builder would be transferred by the Land Owners by executing Deeds, subject to receipt of the entire sale consideration amount.

Due to some dispute between the landowners and the builder, the land owners refused to give possession of the apartment to the buyer.

  • Published On Jun 28, 2023 at 06:00 PM IST

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