It is the only duty of the promoter to execute Agreement to Sale, not the duty of the allottee to seek the Agreement to Sale executed | Interest on refund cannot be denied on the ground that no Agreement to Sale was executed between the Allottee and Promoter – Renu Singhal Vs. Indian Railway Welfare Organisation – Rajasthan REAT
Hon’ble Rajasthan REAT held that a bare perusal of Section 13 read with Section 19 of the RERA Act, 2016, it is the only duty of the promoter to execute “Agreement to Sale”, if more than 10% cost of the apartment has been accepted. Section 19(1) provides that the allottee shall be entitled to obtain the information relating to sanctioned plans etc. including the information as per the “Agreement to Sale” signed with the promoter. It is not the duty of the allottee to seek the “Agreement to Sale” executed, rather allottee has right to obtain information as desired under Section 13 of the Act of 2016, regarding the “Agreement”, and the promoter is duty bound to get the “Agreement to Sale” executed in compliance of Section 13 of the Act of 2016.