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RERA Act 2016

Section 19

Rights and Duties of Allottees

THE STATUTE

Original Text

The allottee shall be entitled to obtain 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. (2) The allottee shall be entitled to know 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 apartment, plot or building, as the case may be, and the promoter shall be liable to give possession in accordance with the time as agreed to in the agreement for sale. (4) The allottees 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 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 the registration under this Act or for any other reason as may be specified. (5) The allottees 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 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, shall be responsible to make 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 outgoings including ground rent, 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 charge to be paid under sub-section (6). (8) Every allottee of the apartment shall participate in the formation of an association or society or co-operative society, as the case may be, of the allottees, or a federation of the same.

Legal Commentary

Section 19 creates a balanced framework — homebuyer rights on one side, homebuyer duties on the other. This reflects RERA's philosophy that it is not simply a consumer protection law but a comprehensive regulation of the real estate transaction, imposing obligations on both parties. **Rights of Allottees:** *Right to information (Sections 19(1), (2)):* Allottees have the right to access all sanctioned plans, layout plans, approvals, and stage-wise completion schedules. The RERA website (updated by the promoter quarterly) operationalises this right — allottees can check the project's status online at any time. *Right to possession on agreed date (Section 19(3)):* This is the primary right — possession of the unit on the date agreed in the agreement for sale. This right is enforceable through Section 18 (compensation for delay). *Right to refund and compensation (Section 19(4)):* On builder failure, the allottee can demand refund with interest. This mirrors Section 18. *Right to documents on possession (Section 19(5)):* At handover, the allottee is entitled to all relevant plans and documents — including common area plans — enabling the allottees' association to independently manage the building. **Duties of Allottees:** *Pay on time (Section 19(6)):* Allottees must make instalments and other payments (taxes, maintenance, utility charges) on time and in the manner specified in the agreement. *Interest on late payment (Section 19(7)):* Allottees who delay payment must pay interest at the same prescribed rate (SBI MCLR+2%) that the builder must pay for delayed possession. The reciprocal rate reflects RERA's mutual obligation framework — neither party can exploit delay. *Participate in association (Section 19(8)):* Allottees must participate in forming their allottees' association — they cannot remain passive and then complain that no society has been formed.

Questions & Answers

Section 19 gives you: the right to see all approved plans and approvals; the right to know the stage-wise construction schedule; the right to possession on the agreed date; the right to refund with interest if the builder fails; the right to all documents on possession; and the right to get an executed conveyance deed.
Yes. Section 19 also imposes duties — pay instalments and maintenance charges on time, pay utility bills, and participate in forming the allottees' association. If you delay payment, you owe interest at the same rate (SBI MCLR+2%) that the builder owes you for possession delay.
Yes — Section 19(7) allows the builder to charge interest on delayed allottee payments at the same rate prescribed under the Act (SBI MCLR+2%). This reciprocal interest rate ensures that delays by either party are equally costly.