Right and Duties Of Allottee under RERA
The enactment of the Real Estate (Regulation and Development) Act, 2016 which came to be enacted on 25th May, 2016 has been passed with the objective of promoting the interest of the home buyers. The act has come to the rescue of the homebuyers who had to face multifarious problems due to the dominance of real estate promoter and developers in the real estate sector. The Act provides for different safeguards and protection to the homebuyers. The preamble of the Act itself provides that the act has been passed with the object of the Act is protect the interest of consumers in the real estate sector and establish an adjudicating authority for speedy dispute redressal and also to establish the Appellate Tribunal to hear appeals from the decisions, directions or orders of the Real Estate Regulatory Authority.
They have been entrusted with various rights. Some the rights to which a consumer in a real estate sector is entitled to are given below:-
• The allottee is entitled to obtain the information relating to sanctioned plans, layout plans along with the specifications, approved by the competent authority or the agreement for sale signed with the promoter.
• The allottee is entitled to know stage-wise time schedule of completion of the project, including the provisions for water, sanitation, electricity and other amenities and services as agreed to between the promoter and the allottee in accordance with the terms and conditions of the agreement for sale.
• He is entitled to claim the possession of apartment, plot or building, as the case may be, and the association of allottees shall be entitled to claim the possession of the common areas, as per the declaration given by the promoter.
• He is also entitled to claim the refund of amount paid along with interest at such rate as may be prescribed and compensation in the manner as provided under this Act, from the promoter, if the promoter fails to comply or is unable to give possession of the apartment, plot or building, in accordance with the terms of agreement for sale or due to discontinuance of his business as a developer on account of suspension or revocation of his registration under the provisions of this Act.
• The allottee shall be entitled to have the necessary documents and plans, including that of common areas, after handing over the physical possession of the apartment or plot or building as the case may be, by the promoter.
However along with enjoyment of these rights an allottee is also supposed to fulfill certain duties. Some the duties of the allottee of the plot or flat are as follows :-
• Every allottee, who has entered into an agreement for sale to take an apartment, plot or building, shall be responsible to make necessary payments in the manner and within the time as specified in the said agreement for sale and shall pay at the proper time and place, the share of the registration charges, municipal taxes, water and electricity charges, maintenance charges, ground rent, and other charges, if any.
• The allottee shall be liable to pay interest, at such rate as may be prescribed, for any delay in payment towards any amount or charges to be paid.
• Every allottee of the apartment, plot or building as the case may be, shall participate towards the formation of an association or society or cooperative society of the allottees, or a federation of the same.
• Every allottee shall take physical possession of the apartment, plot or building as the case may be, within a period of two months of the occupancy certificate issued for the said apartment, plot or building, as the case may be.
• Every allottee has to participate towards registration of the conveyance deed of the apartment, plot or building.
Thus, the Real Estate (Regulation and Development) Act, 2016 seeks to provide protection to the allottee of any plot, flat, or apartment in the real estate project. It provides a well established adjudicating mechanism wherein the aggrieved homebuyer may file a complaint before the Real Estate Authority and seek redressal of their disputes.
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