DEFECTLIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5(five) years by the Allottee from the date of handing over possession, It shall be the duty of the Promoter to rectify such defects without further charge, within 30 (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 the Act.
DEFECTLIABILITY. It is agreed that in case any structural defector any other defect in workmanship, quality or provision of services or any other obligations of the Developer as per the agreement for sale relating to such development is brought to the notice of the Developer within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Developer to rectify such defects without further charge, within 30 (thirty) days, and in the event of Developer’s failure to rectify such defects within such time, the Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act.
DEFECTLIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Vendors as per the agreement for sale relating to such development is brought to the notice of the Vendors within a period of 5 (five) years by the Purchaser from the date of handing over possession, it shall be the duty of the Vendors to rectify such defects without further charge, within 30 (thirty) days, and in the event of Vendor’s failure to rectify such defects within such time, the aggrieved Purchasers shall be entitled to receive appropriate compensation in the manner as provided under the Act.
DEFECTLIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Vendors/Promoter as per the agreement for sale relating to such development is brought to the notice of the Vendors/Promoter within a period of 5 (five)years by the Allottee(s) from the date of handover of possession, It shall be the duty of the Vendor to rectify such defects without further charge, within 30 (thirty) days, and in the event of Vendors/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 the Act.
DEFECTLIABILITY. It is agreed that in case any structural defector any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee/s from the date of Completion Certificate or handing over possession, whichever is earlier it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’ s failure to rectify such defects within such time, the aggrieved Allottee/s shall been titled to receive appropriate compensation in the manner as provided under the Act. It is clarified that the Promoter shall handover the possession of the Apartment on completion of the Project to the Allottee/s by way of issuance of a letter (“Letter of Handover”) which shall at all times be construed as an integral part of this Agreement. It is expressly agreed and understood that in case the Allottee/s, without first notifying the Promoter and without giving to the Promoter the opportunity to inspect assess and determine the nature of such defect (which inspection Promoter shall be required to complete within 15 days of receipt of the notice from the Allottee),alters the state and condition of such defect ,then the Promoter shall be relieved of its obligations contained in the Clause immediately preceding and the Allottee/s shall not be entitled to any cost or compensation in respect thereof.
DEFECTLIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, qualityorprovisionofservicesoranyotherobligationsofthePromotersasperthis Agreement relating to suchdevelopment is brought tothe notice of the Promoters within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days of being notified of such defect, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the mannerasprovidedundertheActprovidedhowever,thePromotershallnotbeheld liable for any defects or responsible for any rectifications in the circumstances and/or instances detailed in Schedule-N.
DEFECTLIABILITY. It is agreed that incase any structural defector any other defect inworkmanship,qualityorprovisionofservicesoranyotherobligations of the Promoter as per the Agreement relating to suchdevelopmentisbroughttothenoticeofthePromoter within aperiod of 5 (five) years by the Allottee from the date of Completion Certificate or handing overpossession,whichever is earlier itshallbethedutyofthePromoterto rectify suchdefects without further charge, within 30 (thirty) days, and in theevent of Promoter’ s failure to rectify such defects within such time,theaggrievedAllotteeshallbeentitledtoreceiveappropriatecompensationinth emannerasprovidedunderthe Act. It isclarifiedthatthePromotershallhandoverthepossessionoftheApartment on completion of the Project to the Allottee by way ofissuance of a letter (“Letter of Handover”) which shall at all times beconstruedasanintegralpartofthisAgreement. ItisexpresslyagreedandunderstoodthatincasetheAllottee,withoutfirstnotifyingt hePromoterandwithoutgivingtothePromotertheopportunitytoinspectassessand determine thenatureof such defect(whichinspection Promoter shall be requiredtocompletewithin15daysofreceiptofthenotice from theAllottee),altersthestateandconditionofsuchdefect,thenthePromoter shall be relieved of its obligations contained in the Clauseimmediately preceding and the Allottee shall not be entitled to anycostorcompensationinrespectthereof.
DEFECTLIABILITY. It is agreed that in case any structural defect or any other defect inworkmanship, quality or provision of services or any other obligationsof the Promoter as per this Agreement relating to such development isbroughttothenoticeofthePromoterwithinaperiodoffiveyearsbythe allottee from the date ofhanding over possession, it shall be theduty of the Promoter to rectify such defects without further charge,within thirty days, and in the event of Promoter's failure to rectify suchdefects within such time, the aggrieved Allottee(s) shall be entitled toreceive appropriate compensation in the manner as provided under theAct.
DEFECTLIABILITY a. After the Possession Date, the Allottee/s will have no right or claim against the Developer, except for structural defect, defective workmanship, quality or provision of service, if proved to the satisfaction of the Architect during the defect liability period which would be 5 (Five) years from the Possession Date or the Deemed Date of Possession, whichever is applicable (“Defect Liability Period”)During such Defect Liability Period, if any major defect is proved to the satisfaction of the Architect, which makes the Apartment inhabitable, the same will be remedied at no extra cost to the Allottee/s. It is agreed that the decision of the Architect of the Developer will be final and binding on the Allottee/s and the Developer. All defects that are caused due to normal wear and tear, abuse and improper usage/negligence/omission/act/commission on the part of the Allottee/s is excluded from this clause for which the Developer is neither liable nor responsible.
DEFECTLIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter by the Allottee within a period of 5 (five) years from the date of completion certificate and/or partial completion certificate of the building in which the Unit is situated, as the case may be, the parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the parties and the terms and conditions hereof and then it shall be the duty of the Promoter to start rectifying such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That the obligation or liability of the Promoter shall not arise if the defect has arisen owing to any Force Majeure event or owing to act or omission of the Allottee or any other allottees or Association of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees or competent authority. The Allottee is/are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allottee. However any defect in materials, fittings and fixtures purchased from suppliers/manufacturers of these items shall not be the responsibility of the Promoter and shall be governed by the warranty rules of such manufacturers. Be it also mentioned here that any structural and/or material defect or damages resulting due to actions of the Allotteeshall not be the liability of the Promoter and the Allottee shall be solely responsible and liable for rectification of such def...
