Empowering Homebuyers: Unveiling Your Rights and Duties Under MAHARERA | Nikhil Pattani
The Maharashtra Real Estate Regulatory Authority (MAHARERA) was established under the RERA Act to regulate and promote the real estate sector in Maharashtra. It provides a framework for protecting the rights of allottees and ensuring their interests are safeguarded. Here is an overview of the rights and duties of allottees under MAHARERA:
Rights of Allottees
1. Right to Information:
Allottees have the right to obtain complete information about the project. This includes sanctioned plans, layout plans, stage-wise completion status, and the details of the promoters. They can also access the RERA registration number and other relevant approvals obtained by the promoter.
2. Right to Know Project Timeline:
Allottees are entitled to know the timeline of the project's completion as mentioned in the agreement for sale. This includes the date of possession and any updates on delays.
3. Right to Possession:
Upon completion of the project and obtaining the Occupancy Certificate, allottees have the right to receive possession of the apartment, plot, or building as per the agreed terms and within the stipulated time frame.
4. Right to Refund:
In case the promoter fails to deliver the project on time, allottees have the right to claim a refund along with interest. They can also seek compensation for any losses incurred due to delays or breaches of agreement by the promoter.
5. Right to File Complaints:
Allottees have the right to file complaints with MAHARERA against the promoter for any violation of the provisions of the Act or the terms and conditions of the agreement for sale.
6. Right to Attend Meetings:
Allottees have the right to participate in meetings conducted by the association or society of allottees. They can express their views and concerns regarding the project and its development.
7. Right to Form an Association:
Allottees have the right to form an association or society within a specified period (usually within three months) of the majority of allottees having booked their apartments.
8. Right to Defect Liability:
Allottees can demand rectification of structural defects, workmanship, quality, or provision of services within five years from the date of possession without any further charge.
Duties of Allottees
1. Payment Obligations:
Allottees are required to make timely payments towards the cost of the apartment, plot, or building, including any additional charges as per the agreement for sale. This includes payments for maintenance, electricity, water, and other services.
2. Adherence to Agreement:
Allottees must comply with the terms and conditions stipulated in the agreement for sale. They should respect the timelines and schedules for payments and other commitments as mentioned in the agreement.
3. Participation in Formation of Association:
Allottees are expected to actively participate in the formation of an association or society as per the Act. They should attend meetings and contribute to the decision-making process for the benefit of the community.
4. Non-Alteration of Property:
Allottees must not make any structural changes or alterations to their apartment or unit without prior consent from the promoter or the association, if formed. Any unauthorized changes can lead to penalties.
5. Possession Formalities:
Allottees should take possession of their unit within two months of receiving the Occupancy Certificate or possession notice from the promoter. Failing to do so may attract additional charges or penalties as specified in the agreement.
6. Complaints and Disputes:
While allottees have the right to file complaints, they should ensure that any grievance is genuine and backed by valid reasons. Frivolous or baseless complaints can lead to unnecessary disputes and legal complications.
7. Maintenance of Property:
Allottees should maintain their property in good condition and comply with the norms set by the association or society. They should also contribute to the maintenance of common areas and facilities.
MAHARERA aims to balance the rights and duties of allottees and promoters, ensuring a fair and transparent real estate market. By adhering to these rights and duties, allottees can safeguard their interests and contribute to the overall well-being of the real estate sector in Maharashtra.
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