The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted to address long-standing issues of consumer exploitation, lack of transparency, and weak accountability in the Indian real estate sector. Prior to its implementation, homebuyers often faced unfair contractual terms, delayed possession, and limited legal remedies against developers and promoters. This research paper critically examines the concept of personal and joint liability under the RERA Act, with special emphasis on the legal responsibilities of promoters, developers, landowners, agents, and other stakeholders involved in real estate projects. The Paper analyses various forms of liability recognized under RERA, including personal liability, professional liability, vicarious liability, strict liability, contractual liability, and joint liability. It highlights how RERA adopts a consumer-centric approach by imposing strict and joint responsibility on promoters, irrespective of internal agreements or receipt of consideration. The paper also discusses important judicial interpretations, particularly landmark decisions of the Bombay High Court and the Supreme Court, which affirm that all promoters in joint development projects are jointly liable to refund amounts and pay compensation to aggrieved allottee.
Article DOI: 10.62823/IJEMMASSS/7.4(III).8565