Section 8(3) in West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters), Act, 1993
(3)Where there is a dispute as respects any defect in the construction of the building or in the material used or any unauthorised change in the construction of the building or the amount of reasonable compensation payable in respect of such defect or change which is not rectified by the promoter or is incapable of being rectified, or where there is a dispute as to whether it is reasonably possible for the promoter to rectify such defect or change [notwithstanding anything contained in any other Act, the matter shall, on payment of such fee by the purchaser in such manner as may be prescribed, be referred forthwith for an enquiry, to the Chief Engineer in the Housing Directorate under the Housing Department of the State Government or to such other officer of the State Government not below the rank of Executive Engineer, as the State Government may appoint or to the concerned local body or to any other experts as may be prescribed, who, after necessary investigation into the matter, shall submit a report with specific views to the authorised officer within a period of six months from the date of payment of the fee referred to above and the authorised officer shall, on the basis of the enquiry reports received from any of the authorities as aforesaid, dispose of such dispute within three months thereafter:Provided that such dispute is to be brought to the notice of the authorised officer within a period of two years from the date of taking possession of the building, and the decision of the authorised officer thereof shall be final.] [Substituted by Act 35 of 2002, w.e.f. 01.09.2003.]
