Homebuyers’ Constitutional Rights: Know Your Protections

CONSTITUTIONAL
RIGHTS OF HOMEBUYER THAT MUST KNOW OF

 

1.      Importance of Constitution with regards to safeguarding of citizen’s rights?

A.  A Constitution
safeguards citizens’ rights by serving as the supreme legal framework that guarantees fundamental freedoms, protects against arbitrary or oppressive Government actions, and upholds the rule of law. It ensures basic rights like equality, freedom of speech, and religion, which can be enforced only through the judiciary.

B.  One of the primary functions of a Constitution is to enshrine the fundamental rights of citizens, such as equality, freedom of speech, freedom of religion, and the right to life and personal liberty. These rights form the base of human dignity and ensure that every individual has an equal opportunity to thrive in society. By codifying these rights, the Constitution provides a clear and binding standard that protects individuals from discrimination, exploitation, or unjust treatment
by the state or other entities.

C.  Constitutions often empower courts to act as guardians of individual freedoms by allowing citizens to seek legal recourse when their rights are infringed upon. This judicial oversight not only provides a mechanism for redress but also deters potential violations of rights by holding violators accountable. The judiciary’s role in interpreting the Constitution ensures that its provisions remain relevant and adaptive to changing societal needs.

D.  Furthermore, the Constitution fosters a culture of inclusivity and tolerance by guaranteeing minority rights. In diverse societies, it plays a crucial role in protecting the rights of marginalized groups, ensuring their participation in governance,
and preventing majoritarianism. By doing so, it promotes social harmony.

E.  In conclusion, the Constitution is indispensable for safeguarding citizens’ rights. Its role in fostering inclusivity and enabling democratic participation underscores its enduring significance in modern societies. Without a Constitution, the rights of citizens would remain vulnerable to erosion, undermining the foundation of democracy and justice.

 

2.      List the Constitutional rights that every Indian homebuyer must know of. Explain what each right ensures and what is it’s relevance of this for homebuyer.

I.      Indian homebuyers should be aware of their constitutional rights and other legal protections that safeguard their interests in property transactions. By understanding the rights and laws, the buyers can protect themselves from fraudulent practices and ensure fair treatment.

A.       Right to
equality (Article 14):

What it ensures: This Article ensures that all citizens are treated equally under the law without any discrimination.

Relevance: Homebuyers are entitled to equal treatment under the law, ensuring they are not discriminated against by builders, developers, or authorities and equal protection against any form of discrimination in property dealings, such as biased treatment based on gender, religion, caste, or any other factors. For instance, sometimes a minority community is not allowed to reside in a particular society since they belong to a certain community which they not approve of. A similar difficulty is faced by individuals who consume non-vegetarian food in purchasing residential properties.

Remedy: A homebuyer in such circumstances may approach the High Court or Supreme Court under Article 226 or Article 32 respectively; file a complaint with the Consumer Forum under the Consumer Protection Act, 2019 or
lodge a grievance with local housing regulatory authorities or real estate regulatory bodies under Real Estate (Regulation and Development) Act, 2016 if discrimination relates to property dealings.

B.       Right to Information
(Article 19(1)(a)):

What it ensures: This Article ensures that every citizen has freedom of speech and expression and has the right to know the working of the Government, what role it plays, etc.

Relevance: Homebuyers have the right to access all information regarding a property, including its approvals, land title, completion certificate, and other legal documents. A builder must disclose all the information regarding the project. Therefore, a homebuyer can always resort to this relief regarding the information.

Remedy: A homebuyer in such circumstances may file a complaint with Consumer Commissions (District, State, or National) for deficiencies in services or misrepresentation by developers under Consumer Protection Act,
2019; file complaints with the Real Estate Regulatory Authority or the Appellate Tribunal for violations under Real Estate (Regulation and Development) Act, 2016; file an application with the relevant public authority under Right to Information Act, 2005 or lodge a formal complaint with the appropriate government department or authority overseeing Maharashtra Ownership Flats Act compliance to address the violation of obligations to disclose requisite details under Maharashtra Ownership Flats Act, 1963.

 

C.       Right to Life and
Personal Liberty (Article 21):

What it ensures: This guarantees the right to live with dignity, which includes owning a safe and secure home as well.

Relevance: The Article also implies protection from fraud, substandard construction, and exploitation. It ensures that the promised amenities and proper conditions are received. A homebuyer can always legal recourse if the builder provides unsafe or inferior-quality housing that compromises safety.

Remedy: A homebuyer in such circumstances may approach the High Court or Supreme Court under Article 226 or Article 32 respectively; claim compensation for delays, false representations, or poor quality of housing that compromises the dignity and safety of residents under Consumer Protection Act, 2019; or file complaint in Real Estate Regulatory Authority if developers fail to comply with agreed terms, including quality, safety, and timely delivery of
housing projects under Real Estate (Regulation and Development) Act, 2016.

 

D.  Right against
Exploitation (Article 23):

What it ensures: The right protects the individuals from exploitative practices of any form, viz, forced labour, subjugating individuals, etc.

Relevance: This protects homebuyers from forced exploitation by developers, such as coercion into unfair agreements or unreasonable charges. A builder cannot force any buyer to pay charges or make them agree to arbitrary terms.

Remedy: A homebuyer in such circumstances have similar remedies pertaining to remedies of Article 21.

 

E.  Right to Property
(Article 300A):

What it ensures: While no longer a fundamental right, it remains a constitutional right that protects individuals from being deprived of their property without due legal process.

Relevance: This right protects the buyers from fraud and unnecessary actions. This helps resolves disputes regarding the same. For instance, a government or builder cannot acquire property without proper compensation and adherence to legal procedures. For instance, during the construction of expressway, the individuals were left homeless with no roof and their right to property was violated in this circumstance.

In Property Owners Association v. State of Maharashtra (2024), the Apex Court held that the Government cannot simply take over private properties by declaring them ‘community resources’, upholding the right of property owners against arbitrary government action.

In Bikram Chatterjee and Others V. Union of India (2019), more than 40,000 homebuyers booked their flats and paid 40-50% of their pays 5-10 years ago but they did not receive possession due to under construction houses. The Apex Court upheld the claims of home-buyers and cancelled the registration of the Group of companies under RERA.

Remedy: A homebuyer may seek restitution or cancellation of fraudulent transactions under Transfer of Property Act, 1882; seek court orders to prevent illegal dispossession or ensure compliance with property agreements under Specific Relief Act, 1963; file a Writ Petition under Article 226 (High Court) or Article 32 (Supreme Court) as well as can file
Public Interest Litigation involving a broader public interest related to property rights.

 

 

 

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