Monitoring everyday progress of real estate projects not our job: Supreme Court
New Delhi: The everyday progress of real estate projects is not rhe job of Supreme Court and the homebuyers must go to consumer court if the builder is not keeping promises, the Apex Court has said.
The decision of the Supreme Court comes as rude shock to those homebuyers who have been contemplating to file petitions directly in the Apex court under Article 32 for either completion of a stalled real estate project or for getting refunds from the builder.
Article 32 guarantees countrymen the right to fie petition in the Supreme Court for defending or enforcing fundamental rights.
The decision oif the top court came in petition filed by buyers of property in a commercial project in Sector 62 of Noida in Delhi NCR.
The Supreme Court bench hearing the case said, “Managing a construction project is not within the jurisdiction of the court... This will inevitably draw the court into the day to day supervision of the project..something which lies beyond the ken of judicial review and the competence of the court.”
The buyers of the property had moved an application I the top court against builder Premia Structures Ltd which had come up with the project and allegedly took an amount of Rs 49 crore from them. The properties were booked way back in 2014 and the possession was to be given 2018-19.
The Supreme Court disposed off the petition under Article 32 and allowed the petitioners to avail remedies under IBC or Consumer Protection Act, Real Estate (Regulation and Development) Act.