September 27, 2018
RERA Act : Rights & Duties of Allottes
The Real Estate (Regulation and Development) Act, 2016, is enacted for the benefit and security of the Allotees which is the prime over view of the act. So, we can very well say that the interest of the Allotees has been safeguarded by the Act and we here only high light the portion as to the rights and duties of the Allottees so that every individual who is an allottee can get a glance as to his/her/their rights and duties:
Sector 19 provides for the rights and duties of Allottes. The rights of the Allottees are specifically provided under Sub-Section (1) to (5). In addition there are rights, which can be inferred from the other provisions of the Act. A summary of the same can be presented in the following table:
| Sl. No. | Description of Rights of Allottees | Section |
|---|---|---|
| 1. | The allottee shall be entitled to obtain the information relating to sanctioned plans, layout plans along with the specifications. | Section 19(1) |
| 2. | The allottee shall be entitled to know stage-wise time schedule of completion of the project. | Section 19(2) |
| 3. | The allottee shall be entitled to claim the possession of apartment, plot or building. | Section 19(3)
|
| 4. | The allottee shall be entitled to claim the refund of amount paid along with interest and compensation from the promoter, if he fails to comply. | Section 19(4)
|
| 5. | The allottee shall be entitled to have the necessary documents and plans. | Section 19(5) |
| Additional/inferred Rights: | ||
| 6. | The allottee has right to completion of the Project even where the registration of project has lapsed or has been revoked. | Section 8 |
| 7. | The allottee has right against promoter to get rectification of structural defect or any other defects done even after the conveyance deed of all the apartments, plots or buildings. | Section 11(4)(a) |
| 8. | The allottee has right that Promoter shall obtain Completion and Occupancy Certificate of the apartment, plot or building that he has booked. | Section 11(4)(b) |
| 9. | The allottee has right that the Promoters shall obtain the lease certificate. | Section 11(4)(c) |
| 10. | The allottee has against promoter for providing and maintaining the essential services, on reasonable charges. | Section 11(4)(d) |
| 11. | The allottee has right to formation of an association or society or co-operative society. | Section 11(4)€ |
| 12. | The allottee has right to get executed a registered conveyance deed of the apartment, plot or building. | Section 11(4)(f) |
| 13. | The allottee has right payment of pay of all outgoings by promoters until he transfers the physical possession of the real estate project to the allottee. | Section 11(4)(g) |
| 14. | The allottee has right that promoter shall not mortgage or charge the project after execution of agreement for sale. | Section 11(4)(h) |
| 15. | The allottee has right to approach the authority against cancellation of allotment against the agreement for sale. | Section 11(5) |
| 16. | The allottee shall be entitled to refund of investment together with interest and compensation if is affected by incorrect, false statement contained in the notice, advertisement etc. and wants to withdraw from the project. | Section 12 |
| 17. | The allottee is entitled to get Agreement for Sale signed before making any payment in excess of 10%. | Section 13 |
| 18. | The allottee has right that promoter shall develop the project as per the sanctioned plan. | Section 14(1) |
| 19. | The allottee shall have right to give or not to give consent in case of major additions or alterations in the project. | Section 14(2) |
| 20. | The allottee shall be entitled to receive appropriate compensation, if the promoter fails to rectify defects. | Section 14(3) |
| 21. | The allottee shall be entitled to give or not give consent for transfer or assignment of project by promoter to third party. | Section 15 |
| 22. | The allotteeshall be entitled to benefits of Insurance upon transfer of possession. | Section 16(3) |
| 23. | The allottee has right to receive all documents and papers of insurance. | Section 16(4) |
| 24. | The allottee is entitled to get execution of title deed for the apartment, plot or building. | Section 17(1) |
| 25. | The allottee has right to get possession of the apartment, plot or building. | Section 17(2) |
| 26. | The allotteeis entitled to compensation in case promoter fails to comply agreement for sale. | Section 18(1)(a) |
| 27. | The allottee is entitled to compensation in case the promoter discontinues business and allottee wants to withdraw from the project. | Section 18(1)(b) |
| 28. | The allottee is entitled to compensation in case of any loss caused to him due to defective title of the land. | Section 18(2) |
| 29. | The allottee has right to get interest at the same rate at which he is required to pay interest to the Promoter. | Section 18(2) |
| 30. | The allottee has to right to file complaint before adjudicating authority for enforcement of his rights. | Section 31(1) |
| 31. | The allottee has right to make appeal against any order of the Authority or adjudicating officer. | Section 44 |
| 32. | The allottee has right to appeal against the order or tribunal before High Court. | Section 58 |
| Rights through Association | ||
| 33. | The Association of allottees has right to takeover the project in prescribed manner, if the promoter fails to complete or registration lapses or is revoked. | Section 8 |
| 34. | The allottee has right that Promoter shall obtain Completion and Occupancy Certificate, inter alia, for transfer of title and possession of common area to the Association. | Section 11(4)(b) |
| 35. | The allottee has right that the Promoter shall obtain the lease certificate, inter alia, for transfer of title and possession of common area to the Association. | Section 11(4)(c) |
| 36. | The allottee has right to formation of an association or society or co-operative society. | Section 11(4)(c) |
| 37. | The allottee association has right to get benefits of insurance and documents related thereto transferred in its name. | Section 16 |
| 38. | The allottee is entitled to get execution of title deed in favour of the association of allottees for the common area in the apartment, plot or building. | Section 17(1) |
| 39. | The allottee has right to get possession of the common area of the apartment, plot or building in favour of the association of allottees. | Section 17(2) |
