The rights of Allottees under Section 18 of RERA are unconditional and absolute, regardless of unforeseen events including the factors beyond the control of the Promoters | Section 18 does not restrict any time limit for the allottee to claim accrued rights – Mr. Kirankumar Jathar and Anr. Vs. Bharat Infrastructure and Engineering Pvt. Ltd. – Maharashtra REAT
Hon’ble Maharashtra REAT held that:
(i) Promoter is the repository of information, is expected to be fully conversant with such information about the project undertaken for development.
(ii) The rights of Allottees under Section 18 of the Act are unconditional and absolute, regardless of unforeseen events including the factors propounded by the learned counsel for Promoter herein that the project got delayed due to factors beyond their control. Accordingly, Complainants, continue to be entitled for their rights under Section 18 of the Act, accrued due to delay in project completion beyond agreed timelines irrespective of such factors beyond the control of the promoter. Moreover, the delay is not attributable to allottees complainants.
(iii) Careful perusal of Section 18 further reveals that it does not restrict any time limit for the allottee to claim accrued rights under Section 18 as has also been observed and concluded by MahaRERA itself in the impugned order itself.