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https://www.gs-student.com/
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Sl noKey PointRERA guidelineReference
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1Cost of the apartmentCost of the apartment to be legible in agreement with break up and milestone payment may be in annexureRERA agreement model, Point no 2
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2Mode of PaymentShould by thru RTGS/DD/Cheque, NRI Foreign payment should be as per act FEM 1999. More than 10%, no payment must be made without any agreementRERA agreement model, Point no 3
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3Payment delay, penalty & compensationNormally there will be hefty interest charges for the delayed payment from your side but at the same time, compensation for builder project delay will be meager which is unfair trade practiceIt should be equal for both parties and should not be unfair trade practice. Consumer Protection act 2019, sl no 46, point ii, page 8
Also read sl no 24 of NCDRC judgment- https://indiankanoon.org/doc/57711963/?type=print
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4Agreement- Sale deed of UDSConveyeance deed must be registred along with UDS Must be completed within 3 months of the issuance of occupancy certificate
RERA act, chapter II,17
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5Period of completionCompletion period to be legible in agreement with grace period which is maximum upto six months
Normally completion period may vary from 18 to 48 months, subjective
RERA agreement model, Point no 4
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6Force Majeure Force Majeure if any must be informed by the builder in written to the allottee along with extension of time.
If allottee doesn’t agree extension of time, the refund must be done within stipulated time and that time must be indicated in agreement
RERA agreement model, Point no 4
RERA act, chapter II,6
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7PossessionBuilder to inform the allottee about the completion of the project with completion & occupancy certificate and allotte must take over within 2 months, failure of which , promoter is not responsibleRERA agreement model, Point no 4
RERA act, chapter IV, 19.10
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8Amenities & prospectsMust be as per commitment in brochure, notices, marketing material, model apartment and advertisementsRERA act chapter III, 12
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9AssociationBuilder must enable formation of association within a period of three months of the majority of allottees having booked their plot or apartment or building & Every allottee of the apartment, plot or building as the case may be, shall participate towards the formation of an association or society or cooperative society of the allottees, or a federation of the sameRERA agreement model, Point no 6
RERA act chapter III, 11.4.e
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10Maintenance costAllottee & Builder agrees for maintenance of amenities for specific period till handing over to association and statement of accounts to be submitted to association while handing overRERA agreement model, Point no 6
RERA act chapter III, 11.4.d
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11Defects LiabilityBuilder should rectify the problem arising from manufacturing, design failures, workmanship till 5 years on the complaint of alottee and the complaint must be addressed by the builder within 30 days of reciept without any chargesRERA agreement model, Point no 6
RERA act chapter III, 14.3
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12Construction quality specificationsThe builder, at the time of the booking and issue of allotment letter has to provide sactioned approval drawing, plans & specificationsRERA act chapter III, 11.3
This is mandatory for future reference
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13Hidden points like service apartment, lease, buyer consentMost of the unfair trade practices will be included here in the "Consent". Builder will indicate all his legal consent in his Builder consent, however, he will include all unfair trade practices in Buyer consent like
1. he will retain some flats and use it as service apartment,
2. will lease his unsold flats (it may be intentional to lease to commercial facilities like hotel, company lodge, oyo, hostel..etc)
3. blanket approval to access his property inside the project (intentional to capitalize his property, to whom he will sell, you dont know)
Here you have to take a legal opinion from an attorney or do your own research in web. (Once you go in this apartment, you have to cost your time, money,peace, safety of family)
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14Progress statusThe builder should submit the progress status to RERA by every quarter. If you, as a purchaser didn’t get any status, you can visit respective RERA site and refer statusRERA act chapter III, 11.1.e
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