The magical word “Allottee” used by RERA has saved the interest of many buyers and purchasers

Mumbai :-The word “Allottee” is the boon for most of the buyers in real estate sector which defines the boundary and resolve many conflict and complexity which may arise if words like Buyers or purchases would have been used in the Real Estate (Regulation and Development ) Act, 2016.

Let’s understand the real life situation people face in the real estate deals. Suppose you are a first buyer and directly purchased flat from the Promotors and within a Defect Liability Period you executed the Gift Deed and transferd that flat to your beloved one. Your beloved one found some structural defect or any other defect in workmanship and brought to the notice of the promoter for rectification. Viewing the quantum of construction and rectification work involved promoters said NO to the rectification work by simply giving the reason that he had not carried out the Gift Deed with the second buyers and therefor he is not answerable to the complaint.

In other similar situation where first buyer sold out this flat within a Defect Liability Period to second buyer after executing the Sale Deed and the second buyer has noticed defect in quality or provision of services or any other obligations as per agreement to sale.

In this case again promoters or builders acted in the same manner and denied to take any action as the buyer is not the direct purchaser from the builder. In all the above cases promotors or builders just denied to recognise the second buyers and did not bother to listen to them.

The Real Estate (Regulation and Development) Act 2016 is a significant piece of legislation that regulates the real estate sector and promotes the development of the industry. RERA might be aware about this conflict and used the world “Allottee” in place of buyers or purchaser.

According to the Real Estate (Regulation and Development) Act 2016, an Allotee is a person to whom, a plot, an apartment or a building has been allotted, sold or transferred by the promoter. In common language we term them as Home buyer or purchaser. It also includes person who subsequently acquires the said allotment through sale, transfer or otherwise.

So according to the Real Estate (Regulation and Development) Act 2016, the second person in both the situation is the allottee and they acquired the said allotment through gift deed and sale deed and promoters and builders cannot ignore their complaints. it shall be the duty of the promoter to rectify such defects without further charge, within thirty days, and in the event of promoter’s failure to rectify such defects within such time, the aggrieved allottees shall be entitled to receive appropriate compensation in the manner as provided under this Act.

In order to overcome these challenges, the Central Government brought in the Real Estate (Regulation and Development) Act, 2016, (RERA) to be made fully operational with effect from May, 2017.

Common people shall know the RERA and its rules and regulation before dealing in real estate as real estate sector has been changed after the advent of Real Estate (Regulation and Development) Act, 2016. Government of Maharashtra established Maharashtra Real Estate Regulatory Authority (MahaRERA), vide Notification No. 23 dated 8 March 2017, for regulation and promotion of real estate sector in the State.

For more information Kindly visit the MahaRERA portal at: https://maharerait.mahaonline.gov.in

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