Rights and Duties of Allottees

Rights of allottees

  • Have the right to obtain all information about the project such as copies of sanctioned plans, layout approvals, and specifications approved by the Competent Authority and copies of all documents such as Title Deeds.

  • Need not give the promoter an advance exceeding 10% of the cost of the apartment, plot, or villa without entering into a written, registered agreement for sale in the prescribed format. 

  • If the promoter fails to give possession of the apartment, plot, or building, as per the terms of the agreement, or discontinues the business due to suspension or revocation of registration under this Act or related Rules and Regulations, then the allottee can claim the refund of the amount paid along with interest at a prescribed rate and compensation, as provided by this Act. In case the allottee wants to continue with the allotment, he can claim interest for delay. The interest rate prescribed in both cases is the Benchmark Prime Lending Rate (BPLR) of State Bank of India plus two percent. 

  • Have the right to take possession of the apartment, plot or building and execute the Conveyance Deed within two months of receiving the Occupancy Certificate. 

  • If the developer fails to provide possession of the completed project on the agreed date, the buyer can claim interest for delay or receive a refund of the paid amount along with interest by filing a complaint with K-RERA.

 

Duties of allottees

  • Every allottee is responsible for paying monthly instalments to the promoter in the manner and within the time as specified in the registered agreement for sale, the share of the registration charges, municipal taxes, water and electricity charges, maintenance charges, ground rent, and other charges if any. He/ She shall be liable to pay interest for any delay to the promoter in payment towards any amount or charges to be paid as specified in the registered agreement for sale. The interest rate prescribed is the Benchmark Prime Lending Rate of State Bank of India plus two percent.  

  • Shall join as a member of the Association of Allottees. 

  • Shall pay common area maintenance charges to the Association.

  • Shall take possession of the apartment within two months of receiving the Occupancy Certificate for the project and execute the Conveyance Deed within three months of receipt of Occupancy Certificate.

Section 19: Rights and Duties of Allottees - The Real Estate (Regulation and Development) Act, 2016

What are the Rights and duties of allottees under section 19 of The Real Estate (Regulation and Development Act, 2016). The rights and duties of allottees are defined under Section 19 of the Act. Provisions under Section 19 are:

Section 19 "Rights and duties of allottees" - The Real Estate (Regulation and Development Act, 2016)

(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 information as provided in this Act or the rules and regulations made thereunder or the agreement for sale signed with the promoter.

(2) The allottee shall be entitled to know the 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.

(3) The allottee shall be entitled to claim the possession of the 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 under sub-clause (C) of clause (I) of sub-section (2) of section 4.

(4) The allottee shall be entitled to claim the refund of the 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, 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 or revocation of his registration under the provisions 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 or plot or building as the case may be, by the promoter.

(6) 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 for making 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.

(7) 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 sub-section (6).

(8) The obligations of the allottee under sub-section (6) and the liability towards
interest under sub-section (7) may be reduced when mutually agreed to between the promoter and such allottee.

(9) Every allottee of the apartment, plot or building as the case may be, shall participate in the formation of an association or society or cooperative society of the allottees, or a federation of the same.

(10) 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.

(11) Every allottee shall participate towards registration of the conveyance deed of the apartment, plot or building, as the case may be, as provided under sub-section (1) of section 17 of this Act.