Thursday, December 30, 2010

After plans and specifications are disclosed no alterations

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v  7. After plans and specifications are disclosed no alterations or additions without consent who have agreed to take the flats; and defects  noticed within  1[three years] to be rectified.- (1) After the plans and specifications of the building as approved by the local authority as aforesaid, are disclosed or furnished   to the person who agrees to take one or more flats, the promoter shall not make-


(i)                 any alteration in the structures described therein in respect of the flat or flats                                                                                               which are agreed to be taken, without the previous consent of that person; or

   
  2[(ii) any other alteration or additions in the structure of the buildings without the previous consent of all the persons who have agreed to take the flats in such building].
         (2)Subject to sub-section (1), the building shall be constructed and completed in accordance with the plans and specifications aforesaid; and if any defect in the building or material used, or if any unauthorised change in the construction is brought to the notice of the promoter within a period of 1[three years] from the date of handing over possession, it shall wherever possible to be rectified by the promoter without forte charge to the persons who have agreed to take the flat, and in other cases such persons shall be entitled to reasonable for such defects or change. Where there is a dispute as regards any defect in the building or material used, or any unauthorised change in the construction, 2[or as to whether it is reasonably possibly for the promoter to rectify any such defect or change, or as regards the amount of reasonable compensation payable in respect of  any such defect or change which cannot be, or is not the promoter], the matter shall, on payment of such fee my be prescribed, 3[ and within a period of three year from the date of handing over possession, be referred for decision ,-   
(i)     in an urban agglomeration as defined in clause (n) of section 2 of the Urban land (Ceiling and Regulation Act, 1976(33of 1976.), to such competent authority by the State Government under clause (d)of section 2of that Act, and

(ii)               in any other area, to such Deputy Chief Engineer, or to such other officer of the rank equivalent to that of superintending Engineer in the Maharashtra Service of Engineer, of a Board established under section 18 of the Maharashtra  Housing and Development Act, 1976(Mah.XXVIII of 1977.).
As the Sate Government may, by general or special order, specify in that behalf, such competent authority, Deputy Chief Engineer or, as the case may be, the other officer of a Board shall, after inquiry his decision, which shall be final].

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