



Tackle injustice: Act decisively to protect homebuyers stranded by insolvent real estate companies
In a recent judgement in the Supertech case, the Supreme Court held that the focus of insolvency resolution in real estate cases should be on home completion rather than liquidation. We had argued for such an approach in our article in Mint on 7 October (shorturl.at/mTftF). This judgement should fundamentally alter the real estate insolvency process and bring relief to thousands of tormented homebuyers.
Its philosophical underpinnings must now permeate the legislative and regulatory regime governing the sector. It should include preventive and curative measures to straighten out kinks realtors exploit for their misdeeds. We discuss some important changes required.The Supreme Court, in the Mansi Brar case, has directed the Insolvency and Bankruptcy Board of India (IBBI) to frame specific guidelines for real estate insolvencies.
To have legal force, these should be issued as sector-specific regulations that must establish a legal framework for the completion and handover of housing units to homebuyers. A workable option is to appoint turnaround specialists of proven integrity with experience in executing real estate projects as Resolution Professionals (RPs). They should have legal powers to arrange working capital, disgorge stolen funds, complete projects within an agreed timeframe and issue completion certificates.
Read on livemint.com