Homebuyers’ body urges PM to stop proposed amendment to IBC in favour of builders

Team Udayavani, Nov 21, 2019, 1:02 PM IST

New Delhi: Homebuyers’ body FPCE has written to Prime Minister Narendra Modi to intervene and stop any proposed amendments in the Insolvency and Bankruptcy Code (IBC) to dilute rights of flat owners, who have been declared as financial creditors under the law.

With individual homebuyers taking builders to bankruptcy court, rattled real-estate developers from Delhi-NCR are demanding that all consumer complaints first be heard by regulator RERA before insolvency proceedings are initiated.

Forum for People’s Collective Efforts (FPCE) President Abhay Upadhyay has written a letter to the Prime Minister, appealing him to intervene and “stop the proposed amendment to the Insolvency and Bankruptcy Code (IBC) being demanded by builders”.

He alleged that real estate developers are making every attempt to thwart all steps taken by the government to empower home-buyers and bring reforms in the sector.

“We strongly oppose any such proposed amendment to IBC,” Upadhyay said.

Opposing the proposed move, the association said an accused developer can not be allowed to decide in which court they should be dragged by his victim just to suit his comfort.

“We would like to apprise your government that any amendment to dilute the rights of home-buyer under IBC (Insolvency and Bankruptcy Code) will send a wrong message and derail the whole process of reforming the real estate sector,” he said.

Under the IBC, a single creditor (operational/financial) whose due is rupees one lakh or more can drag a corporate entity to the NCLT, then how can a single homebuyer be barred whose financial stake will be many times more than this amount, Upadhyay added.

“It is absurd to demand that the accused should not be dragged to a court of law till his victim finds other victims and joins hands to become eligible to approach a court of law. It is akin to saying that no one should approach a police station against a person who is guilty of murder till he finds other victims of murder by the accused and joins hands,” he said in the letter.

The association hoped that the Prime Minister will continue efforts to empower the home-buyers, who have immensely suffered at the hands of real estate developers since decades.

It urged the PM to ensure that “no amendment is undertaken which dilutes IBC in favour of developers and/or weakens the right of home-buyers”.