Case Studies
Sep 26, 2022

Consumer Centricity as a Delivery Strategy for Assets in the Real Estate Sector: An Analysis of the Framework and Interpretation of Law

Publication: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
Volume 15, Issue 1

Abstract

Consumer centricity (C-C) in the Indian real estate sector has gained prominence since the introduction of the Real Estate (Regulation and Development) Act in 2016. For a growing economy such as India’s, with significant dependence on the construction industry to catalyze economic development, real estate consumerism is of vital importance to spearhead growth in the construction industry. This study critically examined the positioning of consumers in the Indian real estate sector over the years and to date in order to identify areas requiring interventions. Within the framework of the law, key factors defining and contributing to consumer centricity with regard to the delivery of real estate assets were identified. Various real estate sector–specific statutes were traced back along a timeline; they were assessed for the presence of the identified consumer-centric factors. The changes in legislative intent over time were coupled with timely judicial interpretations of laws in courts and regulatory forums. Lastly statutes of significance to real estate asset delivery were probed for inherent loopholes in their frameworks. The growing impetus to consumer centricity both in the making and interpretation of real estate laws was clearly established in the present study. However, existing laws of importance to real estate asset delivery were identified to be contributors to the creation and preservation of an inherent imbalance in the design and power structure of the sector, to the detriment of consumers of real estate assets. The findings undoubtedly indicate that to stimulate growth in the construction industry, the need of the hour is to place consumer centricity at the heart of affairs through the correction of inherent loopholes in the framework of law governing real estate asset delivery.

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Data Availability Statement

All of the data, models, and/ or code that support the findings of this study are available from the corresponding author upon reasonable request.

References

List of Cases

M/s Imperia Structures Ltd. v. Anil Patni. 2020, 10 SCC 783. Supreme Court of India.
Manish Kumar v Union of India & Anr. 2021, 5 SCC 1. Supreme Court of India.
Neelkamal Realtors Suburban Pvt. Ltd. & Anr v. Union of India & Ors. 2018, 1 AIR Bom R 558. High Court of Bombay.
Pioneer Urban Land and Infrastructure Ltd. & Anr v. Union of India & Ors. 2019 SCC OnLine SC 1005. Supreme Court of India.
Pioneer Urban Land and Infrastructure Ltd. v. Govindan Raghavan. 2019, 5 SCC 725. Supreme Court of India.

List of Statutes

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Ministry of Consumer Affairs, Food and Public Distribution, Department of Consumer Affairs. 2019. The Consumer Protection Act, 2019. Vol. 201935. https://egazette.nic.in/WriteReadData/2019/210422.pdf.
Ministry of Corporate Affairs. 2016. The Insolvency and Bankruptcy Code, 2016. Vol. 201631. https://www.indiacode.nic.in/bitstream/123456789/15479/1/the_insolvency_and_bankruptcy_code%2C_2016.pdf.
Ministry of Govt of Maharashtra, Department of Law and Judiciary Department. 1963. The Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management, and Transfer) Act, 1963. Vol. 196345. https://www.indiacode.nic.in/bitstream/123456789/15816/1/the_maharashtra_ownership_flats_act%2C_1963.pdf
Ministry of Housing and Urban Affairs. 2016. Real Estate (Regulation and Development) Act, 2016. Vol. 201616. https://legislative.gov.in/sites/default/files/A2016-16_0.pdf.
Ministry of Law and Justice, Legislative Department. 1872. The Indian Contract Act, 1872. Vol. 187209. https://legislative.gov.in/sites/default/files/A1872-09.pdf
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Ministry of Law and Justice, Legislative Department. 2002. The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Vol. 200254. https://legislative.gov.in/sites/default/files/A2002-54.pdf.

Works Cited

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Go to Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
Volume 15Issue 1February 2023

History

Received: Feb 28, 2022
Accepted: Jul 12, 2022
Published online: Sep 26, 2022
Published in print: Feb 1, 2023
Discussion open until: Feb 26, 2023

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Apoorva Dandinashivara Krishnamurthy [email protected]
Research Scholar, Dept. of Civil Engineering, National Institute of Technology Karnataka, Surathkal, Srinivasnagar, Karnataka 575025, India (corresponding author). Email: [email protected]
Associate Professor, Dept. of Civil Engineering, National Institute of Technology Karnataka, Surathkal, Srinivasnagar, Karnataka 575025, India. ORCID: https://orcid.org/0000-0003-1914-1519. Email: [email protected]

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Cited by

  • Analysis of Sources of Claims in Residential Real Estate Asset Delivery, Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 10.1061/JLADAH.LADR-1025, 16, 1, (2024).
  • Influence of Legal Environment on Housing Delivery, Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 10.1061/JLADAH.LADR-1024, 16, 3, (2024).

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