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Showing contexts for: Structural defects in Kalpana Sahoo vs Metro Builders Limited & on 7 August, 2025Matching Fragments
section 4(b) of Section 11 of the Act is that the promoter shall be responsible to obtain the completion certificate or certificate of occupancy or both as applicable from the competent authority as per the rule or law or such other law in place and to make it available to the allottee individually or to the association of the allottees, as the case may be. On a reading of the above provisions, it is understood that no any deviation is permissible to a sanctioned plan under the Act unless there is consent of the allottees. In fact, Section 14(3) of the Act stipulates that in case of a structural defect or any other defect in the 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 five years by the allottee from the date of handing over possession, it shall be the duty of such promoter to rectify such defects without further charge within thirty days and in the event of failure to rectify the same within such time, the aggrieved allottees shall be entitled to receive compensation in the manner provided under the Act. So, therefore, all such compliances are to be made by a promoter, while dealing with a project provided the same is ongoing one as on the date of commencement of the Act.