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].
7.
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