What are rights of Allottees of a Flat ?

The Real Estate (Regulation and Development) Act, 2016 (referred hereinafter for brevity as “Act”) has enumerated the Right and Duties of allottees which general public hardly know, S.19 of the Act gives some basic right to consumers/allottee of a flat who intend to buy a property from a promoter (builder) and also cast some duties upon the consumers/allottee so as good healthy business environment could be maintained in the real estate sector.

The Rights of Allottees are as following:

1. The allottee shall be entitled to obtain the information relating to sanctioned plans, layout plans along with the specifications, approved by the competent authority and such other informations as provided in the Act or the rues and regulations made thereunder or the agreement for sale signed with promoter
2. The allottee shall be entitled to know stage-wise time schedule of completion of the project, including the provision 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
3. The allottee shall be 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 while applying for registration before the appropriate authority under the Act.
4. Allottee shall be 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 the Act, from the promoter, if the promoter fails to comply or is unable to give possession of the apartment, plot or building, as the case may be, in accordance with the terms of agreement for sale or due to discontinuance of his business as a developer on account of suspension of revocation of his registration under the provision of this Act or the rules or regulations made thereunder.
5. 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 of plot or building as the case may be, by the promoter

Duties and Responsibilities of Allottees:

1. Every allottee, who has entered into an agreement for sale to take an apartment, plot or building as the case may be, under section 13, shall be responsible to make necessary payment in the manner 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.
2. 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 under as agreed by the allottees and promoter in booking agreement/agreement to sale (Banakhath).
3. The obligations of the allottee to pay such interest on delayed payment may be reduced when mutually agreed to between the promoter and the allottee.
4. Every allottee of the apartment, plot or building as the case may be, shall participate towards the formation of an association or service society or cooperative society of the allottees, or a federation of the same
5. 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/Building Use (B.U.) Permission issued for the said apartment, plot or building, as the case may be.
6. Every allottee shall participate towards registration of the conveyance deed of the apartment, plot or building, as the case may be, for the transfer of title of the property and the promoter shall execute conveyance of title with registered convenayance deed in such a manner in favour of the allottee that the undivided proportionate title in common areas is also transferred to the association of the allottees.