3. General liabilities of
promoter.- (1)
Notwithstanding anything in any other law, a promoter who intends to construct
or constructs a block or building of flats, all or some of which are to be
taken or are taken on ownership basis; shall in all transactions with persons
intending to take or taking one or more of such flats, be liable to give or
produce, or cause to be given or produced, the information and the documents
hereinafter in this section mentioned.
(2)
A promoter, who constructs or intends to construct such block or building of
flats, shall-
(a) Make
full and true disclosure of the nature of his title to the land on which the
flats are constructed, or are to be constructed; such title to the land as
aforesaid having been duty certified by an Attorney-at-Law, or by an Advocate
of not less than three years standing, 1[and having been duty entered in the
Property card or extract of Village Forms VI or VII and XII or any other
relevant revenue record;]
(b)
make full and true
disclosure of all encumbrances on such land including any right, title,
interest or claim of any party in or over such land;
(c)
give inspection on seven
days notice or demand, of the plans and specifications of the building built or
to be built or to be built on the land such plans and specifications having
been approved by the local authority which he is required so to do under any
law for the time being in force;
(d)
disclose the nature of
fixtures, fittings and amenities (including the provision for one or more
lifts) provided or to be provided;
(e)
disclose on reasonable
notice or demand if the promoter is himself the builder, the prescribed particulars
as respects the design and the materials to be used in the construction of the
building, and if the promoter is not himself the builder disclose, on such
notice or demand, all agreements (and where there is no written agreement, the
details of all agreements) entered into by him with the architects and
contractors regarding the design, materials and construction of the building;
(f)
specify in writing the date
by which possession of the flat is to be handed over (and he shall hand over
such possession accordingly);’
(g)
prepare and maintain a list
of flats with their numbers already taken or agreed to be taken, and the names
and addresses of the parties, and the price charged or agreed to be charged
therefore, and the terms and conditions if any on which the flats are taken or
agreed to be taken;
(h)
state in writing, the
precise nature of the organization of persons to be constituted and to which
title is to be passed, and the terms and conditions governing such organization
of persons who have taken or are to take the flats;
(i)
not allow persons to enter
into possession until a completion certificate, where such certificate is
required to be given under any law, is duly given by the local authority (and
no person shall take possession of a flat until such completion certificate has
been duly given by the local authority);
(j)
make a full and true
disclosure of all outgoings (including ground rent if any, municipal or other
local taxes, taxes on income, water charges and electricity charges, revenue
assessment, interest on any mortgage or other encumbrances if any);
(k)
make a full and true
disclosure of such other information and document in such manner as may be
prescribed; and give on demand true copies of such of the documents referred to
in any of the clauses of this sub-section as may be prescribed at a reasonable
charges therefore.
(l)
display or keep all the
documents, plans and specifications (or copies thereof) referred to in clauses
(a), (b) and (c), at the site and permit inspection thereof to intending to
take or taking one or more flats;
(m)
when the flats are
advertised for sale, disclose inter alia in the advertisement the following
particulars, namely:-
(1) the extent of the carpet area of the
flat including the area of the balconies which should be shown separately;
(2) the price of the flat including the
proportionate price of the common areas and facilities which should be shown
separately, to be paid by the purchaser of flat; and the intervals at which the
installments thereof may be paid;
(3) the nature, extent and description of
the common areas and facilities; and
(4) the nature, extent and description of
limited common areas and facilities, if any].
(n)
sell flat on the basis of
the carpet area only:
Provided that, the promoter may separately charge for the common areas
and facilities in proportion of the carpet area of the flat.
Explanation – For the purpose of this clause, the carpet area of the
flat shall include the area of the balcony of such flat]
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