Rights and Duties of Allottees
An Allottee is a person to whom any plot, apartment or building is allotted, sold or otherwise transferred by the Promoter. Thus, a person accommodating on rental basis is not an Allottee under RERA. The Act provides the Allottees with rights and certain duties towards the Promoter as under: -
Right to obtain information –
As per provisions of RERA, allottees of the real estate project has a right to information with respect to the Sanctioned Plans, Layout Plans along with specifications approved by the Competent Authorities and any other information related to the real estate project.
Stage-wise Schedule –
An Allottee is entitled to know stage-wise schedule of the real estate project including the utilities such as water, sanitation, electricity and other services and amenities as agreed by the Promoter and an Allottee under an Agreement for Sale.
Right to claim possession –
An Allottee shall have right to claim possession of the apartment, plot or buildings as the case may be and the association of allottees shall be entitled to claim possession of common areas from the Promoter as per the terms of declaration submitted by Promoter on RERA website.
Right to refund –
In case the Promoter fails to handover possession of the apartment, plot or building on the date agreed by the Promoter due to delay in completion of project or discontinuation of his business on account of suspension or revocation of registration of project under RERA and rules or regulations made thereunder, an allottee is entitled to claim refund of the amount paid by him / her to the Promoter.
To hold necessary documents –
An allottee after taking possession of the apartment, plot or building from the Promoter, is entitled to have all the necessary documents and plans including that of common areas with respect to the real estate project.
Timely payments –
An allottee is under obligation to make timely payment to the Promoter towards the sale consideration of the apartment, plot or building as the case may be in accordance with the Payment Schedule agreed between the Promoter and an allottee under an Agreement for Sale executed between them.
Interest –
If an allottee fails to make timely payment as per the terms of Agreement for Sale executed between the Promoter and an allottee then an allottee shall be liable to pay interest to the Promoter for delayed payment at the rate prescribed under the RERA rules and regulations.
Participation –
An allottee of the apartment, plot or building is under obligation to participate and co-operate in the formation of association or society or co-operative society as the case may be and towards the registration of Conveyance Deed of apartment, plot or building as the case may be.
Possession –
An allottee is under obligation to take physical possession of his/her apartment, plot or building within two months from the date of Occupancy Certificate issued for the said apartment, plot, or building.