Common use of DEFECT LIABILITY Clause in Contracts

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such, time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the Promoter. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained hereinabove in this clause.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottees from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such, time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee Allottees (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the Promoter. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the AllotteeAllottees, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained hereinabove in this clause.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such, such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided It is clarified that the Promoter shall not be liable to compensate if handover the defect is attributable to any acts or omissions or commissions possession of the Allottee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable Plot on completion of the Project to the PromoterAllottee by way of issuance of a letter (“Letter of Handover”) which shall at all times be construed as an integral part of this Agreement. Notwithstanding anything herein contained it It is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter and without giving to the Promoter the reasonable opportunity to inspect, inspect assess and determine the nature of purported such defect in (which inspection Promoter shall be required to complete within 15 days of receipt of the Apartmentnotice from the Allottee), alters the state and condition of the area of the purported such defect, then the Promoter shall be relieved of its obligations contained hereinabove in this clausethe Clause immediately preceding and the Allottee shall not be entitled to any cost or compensation in respect thereof.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter promoter as per the Agreement agreement for sale relating to such development is brought to the notice of the Promoter promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionpossession or the date of issue the completion certificate, whichever is earlier, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such, such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect It is attributable to any acts or omissions or commissions of the Allottee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the Promoter. Notwithstanding anything herein contained it is hereby expressly agreed and understood that the obligation or liability of the Promoter shall not arise if the defect has arisen owing to act or omission of the Allottee or Association of Allottees and in case the Allottee, without first notifying the Promoter and without giving to the Promoter the reasonable opportunity to inspect, inspect assess and determine the nature of purported defect in the Apartmentsuch defect, alters the state and condition of the area of the purported such defect, then the Promoter shall be relieved of its obligations contained hereinabove in this clausethe para immediately preceding and the Allottee shall not be entitled to any cost or compensation in respect thereof.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such, such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided It is clarified that the Promoter shall not be liable to compensate if handover the defect is attributable to any acts or omissions or commissions possession of the Allottee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable Apartment on completion of the Project to the PromoterAllottee by way of issuance of a letter (“Letter of Handover”) which shall at all times be construed as an integral part of this Agreement. Notwithstanding anything herein contained it It is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter and without giving to the Promoter the reasonable opportunity to inspect, inspect assess and determine the nature of purported such defect in (which inspection Promoter shall be required to complete within 15 days of receipt of the Apartmentnotice from the Allottee), alters the state and condition of the area of the purported such defect, then the Promoter shall be relieved of its obligations contained hereinabove in this clause.the Clause immediately preceding and the Allottee shall not be entitled to any cost or compensation in respect thereof. Additionally, the Promoter shall not be liable in case of the following:

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Sub-Lessor as per the Agreement ASL relating to such development is brought to the notice of the Promoter Sub-Lessor within a period of 5 (five) years by the Allottee Sub Lessee from the date of handing over possession, it shall be the duty of the Promoter Sub-Lessor to rectify such defects without further charge, within 30 (thirty) days, and in the event of PromoterSub-Lessor's failure to rectify such defects within such, time, the aggrieved Allottee Sub Lessee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter Sub-Lessor shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee Sub-Lessee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the PromoterSub-Lessor. Notwithstanding anything herein contained it It is hereby expressly agreed and understood that in case the AllotteeSub-Lessee, without first notifying the Promoter Sub-Lessor and without giving to the Promoter Sub-Lessor the reasonable opportunity to inspect, inspect assess and determine the nature of purported such defect in (which inspection Sub-Lessor shall be required to complete within 15 (fifteen) days of receipt of the Apartmentnotice from the Sub-Lessee), alters the state and condition of the area of the purported such defect, then the Promoter Sub-Lessor shall be relieved of its obligations contained hereinabove in this clausethe clause immediately preceding and the Sub- Lessee shall not be entitled to any cost or compensation in respect thereof.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such, time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the PromoterPromoter or if the related annual maintenance contracts and the licenses are not validly maintained by the Association of the Allottees. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained hereinabove in this clause.

DEFECT LIABILITY. A.(i) It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's Xxxxxxxx’s failure to rectify such defects within such, such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions (of the Allottee (or any person appointed by him or acting under him or under his instructionsinstructions such as change in wiring, plumbing, fitting, cutting, chiseling, making hole, minor defects as per tolerance level (The table of Tolerance level is appended in Part B of SCHEDULE – D) or arising allowed as per IS code will be acceptable to the Allottee. If any defect arises due to any normal wear and tear or due to reasons not solely attributable to the Promoter. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case , will also be acceptable to the Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained hereinabove in this clause.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, charge within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such, such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or of omissions or commissions of the Allottee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the PromoterPromoter or if the related annual maintenance contracts and the licenses are not validly maintained by the Association of the Allottees. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained hereinabove in this clause.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or of any other obligations of the Promoter Developer as per the Agreement agreement for sale relating to such development is brought to the notice of the Promoter Developer within a period of 5 (five) years by the Allottee Purchaser from the date of handing over possession., it shall be the duty of the Promoter Developer to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's Developer’s failure to rectify such defects within such, such time, the aggrieved Allottee Purchaser shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter Developer shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee Purchaser (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the PromoterDeveloper. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the AllotteePurchaser, without first notifying the Promoter Developer and without giving the Promoter Developer the reasonable opportunity to inspect, assess and determine the nature of purported defect in the ApartmentDesignated unit, alters the state and condition of the area of the purported defect, then the Promoter Developer shall be relieved of its obligations contained hereinabove in this clause.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Seller as per the Agreement relating to such development is brought to the notice of the Promoter Seller within a period of 5 (five) years by the Allottee Allottees from the date of handing over possession, it shall be the duty of the Promoter Seller to rectify such defects without further charge, within 30 (thirty) days, and in the event of PromoterSeller's failure to rectify such defects within such, time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter Seller shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee Allottees (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the PromoterSeller. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the AllotteeAllottees, without first notifying the Promoter Seller and without giving the Promoter Seller the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter Seller shall be relieved of its obligations contained hereinabove in this clause.

DEFECT LIABILITY. A.(i) It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such, such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions (of the Allottee (or any person appointed by him or acting under him or under his instructionsinstructions such as change in wiring, plumbing, fitting, cutting, chiseling, making hole, minor defects as per tolerance level (The table of Tolerance level is appended in Part B of SCHEDULE – D) or arising allowed as per IS code will be acceptable to the Allottee. If any defect arises due to any normal wear and tear or due to reasons not solely attributable to the Promoter. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case , will also be acceptable to the Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained hereinabove in this clause.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such, time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the Promoter. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the AllotteeAllottee , without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained hereinabove in this clause.

DEFECT LIABILITY. 14.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such, time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the Promoter. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained hereinabove in this clause.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Purchaser from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such, time, the aggrieved Allottee Purchaser shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee Purchaser (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the Promoter. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the AllotteePurchaser, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained hereinabove in this clause.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of dateof handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such, such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the inthe manner as provided under the Act. Provided It is clarified that the Promoter shall not be liable to compensate if handover the defect is attributable to any acts or omissions or commissions possession of the Allottee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable Apartment on completion ofthe Project to the PromoterAllottee by way of issuance ofa letter (“Letter of Handover”)which shall at all times be construed as an integral part of this Agreement. Notwithstanding anything herein contained it It is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter and without giving to the Promoter the reasonable opportunity to inspect, inspect assess and determine the nature of purported such defect in (which inspection Promoter shall be required to complete within 15 days of receipt of the Apartmentnotice from the Allottee), alters the state and condition of the area of the purported such defect, then the Promoter shall be relieved of its obligations contained hereinabove in this clausethe Clause immediately preceding and the Allottee shall not be entitled to any cost or compensation in respect thereof.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottees from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such, time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee Allottees (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the Promoter. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained hereinabove in this clause.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Purchaser from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such, time, the aggrieved Allottee Purchaser shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee Purchaser (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the Promoter. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the AllotteePurchaser, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained hereinabove in this clause.. SCHEDULE-A

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in 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 5 (five) years by the Allottee Purchaser from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such, such time, the aggrieved Allottee Purchaser shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee Purchaser (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the Promoter. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the AllotteePurchaser, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained hereinabove in this clauseclause 12 of the Agreement for Sale.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement relating to such development is brought to the notice of the Promoter Developer within a period of 5 (five) years by the Allottee Purchaser from the date of handing over possession, it shall be the duty of the Promoter Developer to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's Developer’s failure to rectify such defects within such, such time, the aggrieved Allottee Purchaser shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided It is clarified that the Promoter Developer shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions handing over possession of the Allottee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable Apartment on completion of the Project to the PromoterPurchaser by way of issuance of a letter (“Letter of Handover”) which shall at all times be construed as an integral part of this Agreement. Notwithstanding anything herein contained it It is hereby expressly agreed and understood that in case the AllotteePurchaser, without first notifying the Promoter Developer and without giving to the Promoter Developer the reasonable opportunity to inspect, inspect assess and determine the nature of purported such defect in (which inspection Developer shall be required to complete within 15 days of receipt of the Apartmentnotice from the Purchaser), alters the state and condition of the area of the purported such defect, then the Promoter Developer shall be relieved of its obligations contained hereinabove in this clause.the Clause immediately preceding and the Purchaser shall not be entitled to any cost or compensation in respect thereof. Additionally, the Promoter shall not be liable in case of the following:

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Assignee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such, time, the aggrieved Allottee Assignee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee Assignee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the Promoter. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the AllotteeAssignee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained hereinabove in this clause.

DEFECT LIABILITY. A.(i) It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionpossession (deemed Possession), it shall be the duty of the Promoter to rectify such defects without further withoutfurther charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such, such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions (of the Allottee (or any person appointed by him or acting under him or under his instructionsinstructions such as change in wiring, plumbing, fitting, cutting, chiseling, making hole, minor defects as per tolerance level (The table of Tolerance level is appended in Part B of SCHEDULE – D) or arising allowed as per IS code will be acceptable to the Allottee. If any defect arises due to any normal wear and tear or due to reasons not solely attributable to the Promoter. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case , will also be acceptable to the Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained hereinabove in this clause.

DEFECT LIABILITY. 15.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter promoter as per the Agreement agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over obtaining completion certificate and Notice of possession, it shall be the duty of the Promoter to rectify such defects through the structural engineer without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such, such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the Promoter. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained hereinabove in this clauseclause 14 hereinabove.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such, time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the PromoterPromoter or if the related annual maintenance contracts and the licenses are not validly maintained by the Association of the Allottees. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained hereinabove in this clause.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Owner as per the Agreement relating to such development is brought to the notice of the Promoter Owner within a period of 5 1 (fiveone) years year by the Allottee from the date of handing over possession, it shall be the duty of the Promoter Owner to rectify such defects without further charge, within 30 (thirty) days, and in the event of PromoterOwner's failure to rectify such defects within such, time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter Owner shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the PromoterOwner. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter Owner and without giving the Promoter Owner the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter Owner shall be relieved of its obligations contained hereinabove in this clause.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottees from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such, time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee Allottees (or any person appointed by him them or acting under him them or under his their instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the Promoter. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the AllotteeAllottees, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained hereinabove in this clause.

DEFECT LIABILITY. A.(i) It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's Xxxxxxxx’s failure to rectify such defects within such, such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee (or any person appointed by him or acting under him or under his instructions) (such as change in wiring, plumbing, fitting, cutting, chiseling, making hole etc, minor defects as per tolerance level allowed as per IS code will be acceptable to the Allottee) or arising due to any normal wear and tear or due to reasons not solely attributable to the Promoter. Notwithstanding anything herein contained it The table of Tolerance level is hereby expressly agreed and understood that appended in case the Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature Part II of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained hereinabove in this clause.SCHEDULE - D

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in 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 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such, such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the Promoter. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained hereinabove in this clauseclause 12 hereinabove.

DEFECT LIABILITY. 14.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottees from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such, time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Actper applicable law. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee Allottees (or any person appointed by him them or acting under him them or under his their instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the Promoter. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the AllotteeAllottees, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained hereinabove in this clause.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such, such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the PromoterPromoter or if the related annual maintenance contracts and the licenses are not validly maintained by the Association of the Allottees. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained hereinabove in this clause.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in 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 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such, such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions Omissions or commissions of the Allottee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the Promoter. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition Condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained hereinabove Contained in this clauseclause 12 hereinabove.