(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 alterations 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
(ii) any other alterations in the structure of the building, or construct any additional structures, without the previous consent of all the persons who have agreed to take the flats.
(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 one year from the date of handing over possession, it shall wherever possible be rectified by the promoter without further charge to the persons who have agreed to take the flats, and in other cases such persons shall be entitled to receive reasonable compensation for such defect or change. Where there is a dispute as regards any defect in the building or materials used, or any unauthorised change in the construction, the matter shall, within a period of two years from the date of handing over possession and on payment of such fee as may be prescribed, be referred for dicision to the Housing Commissioner or to any officer not lower in rank than that of a Superintending Engineer as the State Government may by general or special order specify in this behalf. The Housing Commissioner or such officer shall after inquiry record his decision, which shall be final.
Explanation.-In this section "Housing Commissioner" means the Housing Commissioner Promoter before accepting advance payment or deposit, to enter into agreement and agreement to be registered.
XVI of 1908.
Promoter to maintain separate account of sums taken as advance or deposit and to be trustee therefor and disburse them for purposes for which given.
Responsibilities for payment of outgoings till property is transferred.
After plans and specifications are disclosed no alterations or additions to be made without consent of persons who have agreed to take the flats;
and defects noticed within a year to be rectified.
Guj. XX VIII of
1961.
1973 : Guj . 13 ] Gujarat Ownership Flats Act, 1973 7 of 20 appointed under the Gujarat Housing Board Act, 1961 or, as the case may be, the Rural Housing Commissioner appointed under the Gujarat Rural Housing board Act, 1972 having jurisdiction in the area in which the building is constructed.
8. If-
(a) the promoter fails to give possession, in accordance with the terms of his agreement, of a flat duly completed by the date specified, or any further date or dates agreed to by the parties, or
(b) the promoter for reasons beyond his control and of his agents is unable to give possession of the flat by the date specified , or the further agreed date and a period of three months thereafter, or a further period of three months if those reasons still exist, then, in any such case, the promoter shall be liable on demand (but without prejudice to any other remedies which may be available against him) to refund the amounts already received by him in respect of the flat (with simple interest at nine per cent. per annum from the date he received the sums till the date the amounts and interest thereon are refunded), and the amounts and the interest shall be a charge on the land and construction if any thereon, in which the flat is or was to be constructed, to the extent of the amount due, but subject to any prior encumbrances.
9. No promoter shall, after he executes an agreement to sell any flat, mortgage or create a charge on the flat or the land, without the previous consent of the persons who take or agree to take the flats, and if any such mortgage or charge is made or created without such previous consent after the agreement referred to in section 4 is registered, it shall not affect the rights and interests of such persons.