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Showing contexts for: Structural defects in M/S.Ksm Nirman Private Limited vs Olympia Grande Apartments on 20 November, 2024Matching Fragments
7. As per Section 14(3) of RERA Act, the grievance of the buyers/allottee relating to such development, if any, is brought to the notice of the promoter, within a period of five years from the date of handing over possession, it shall be the duty of the promoter to rectify the same. In this provision, the legislature specifically mentioned the period of limitation as ______________ https://www.mhc.tn.gov.in/judis five years. In Section 11 (4) (a) proviso clause, the responsibility of the promoter extended beyond the period of five years as contemplated in section 14(3) and shall continue even after the conveyance deed of all the apartments, plots or buildings, as the case may be, to the allottees are executed. So even after all the apartments were handed over and the sale deeds executed, for the structural defect or any other defect the promoter is liable and the responsibility is fixed without any limitation. The above said provisions are contemplated in this Act since it is a welfare legislation not only for the allottees but also for the promoters. Therefore, the question of maintainability does not arise and the same has been clearly addressed by the Appellate Authority by holding that the complaint raised by the respondent Association is maintainable before the Regulatory Authority since there is no other ways and means for the respondent Association to redress their grievance.