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Bhawan Nirman Agreement in Hindi

4. The owner pays the builders a sum of Rs………. from which the owner pays the builders on a weekly basis the amount sufficient to cover the costs incurred by the builders in relation to the materials used in the works, which have been tested and certified by the architect, Rs …… on the architect`s certificate that the work is completed up to the first floor, the additional sum of Rs ………. on the architect`s certificate attesting that the work is completed up to the second floor, and the balance is paid on the architect`s certificate attesting that the said works have been completed in all respects in accordance with the agreement and that the builders have removed and cleaned all scaffolding, fences, unused materials and waste from the premises at their own expense and have returned and prepared the bungalow suitable for the use and living space, and immediately profession. However, an amount equal to 5% of the total contract amount to be paid by the owner under this agreement will be retained by the owner as a withholding fee payable after a period of 12 months from the date of delivery of the bungalow, which is complete and ready to be occupied in all respects. Manufacturers accept and undertake to remedy all defects that may be detected or detected during the 12-month period. If the customer does not remedy the defects detected by the manufacturer or refuses to remedy the defects detected by the owner within fifteen days of the date of notification to the manufacturers, the owner has the right to have these defects remedied by other bodies he deems appropriate at the expense and risk of the manufacturer and to use the retention costs; Provided that, in the event that the money withheld is not sufficient to cover these costs, expenses and expenses incurred by the owner to remedy the defects of the structure, the builders must remedy the defect within 7 days of the written request of the owner, otherwise the builders are required to pay them with the interest of 15% per year. 11. Any dispute or difference regarding specifications, drafts, drawings and the quality of the workmanship or material used in the work, or any other matter arising out of or in connection with the contract, project, drawings, specifications, orders or otherwise in connection with the agreement or performance of the work, whether during the progress of construction or after the completion or abandonment of demen, the single arbitration shall be referred by two arbitrators, one of whom shall be appointed by each party. Arbitrators shall appoint an arbitrator before granting the request. The parties would cooperate with the arbitrators and provide evidence, etc., and if one of the parties does not cooperate or remains absent from the referral, the arbitrators or arbitrator would be free to proceed with the ex parte referral. The arbitrator or arbitrator shall keep a register of the oral evidence presented by the parties and submit it to the court at the time of presentation of the award, together with the documentary evidence presented by the parties or their witnesses.

The proceedings of the arbitrators or arbitrators will be recorded in English and a copy will be given to each party. The arbitrator or arbitrator shall have the right to appoint a stenographer to consult an expert for the registration of the arbitration proceedings, after prior notification to the reference parties, the costs being borne equally by the parties. The fees of the arbitrator appointed by a party shall be borne by the party, so that the appointment and fees of the arbitrator and other arbitration costs shall be borne equally by the parties. The arbitrators shall render their award, indicating the decision, within six months of the date on which the application was made. If the arbitrators have allowed their time to expire without making an arbitral award, or if they have sent written notice to a party or the arbitrator stating that they cannot reach an agreement, the arbitrator shall immediately seize the claim. The arbitrator must pay his price within months of his inclusion in the reference or within a longer period than the parties may agree. The arbitral award of the arbitrators or arbitrators is final, conclusive and binding on the parties and may not be challenged for any reason, except collusion, fraud or an obvious error at the beginning of the award. This reference to arbitration shall be construed as a reference within the meaning of the Arbitration and Conciliation Act 1996 or any amendment thereto. No action may be taken under this Agreement to enforce any right without recourse to arbitration under this clause. 5. The owner must allow the attendants, employees, subcontractors and all other persons necessary to carry out the work under the agreement to enter and leave the premises freely. 3.

If the builders do not complete the said works within the period specified in the preceding provision, the builders, at the option of the owner, but without prejudice to other rights under the law of the owner and other provisions hereof, will pay a lump sum compensation in the amount of Rs……. is calculated. . . .

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