Meena Deshmukh (Home maker) 20 July 2017

Constructing metal shed awning in double height terrace

Hi,

Our apartment has double height terraces for each flat. One of the owners has constructed permanent structure using iron bars, grills, sliding windows and has covered the area with metal sheet roofing. This terrace adjoins his master bedroom. In other words, he has closed the terrace to create a room.

This terrace shed has become a big nuisance to the owner staying one floor up. When it rains, the metal roof causes quite a loud noise due to which the neighbor on next floor up can't sleep in his master bedroom even after closing windows.

So,
1. Is it legal to construct such metal shed in double height terrace?
2. Even after telling the owner multiple times, he is not taking action so that the other member is not disturbed. Also other members have an indifferent attitude because they are not disturbed by the sound. So what can be done in this case?
3. The builder handover society. Our contract agreements say that nothing can be modified without builders consent, and apartment dwellers cannot form a group or union until formal agreement for the apartment. In light of this can the builder be served notice for negligence?
4. Which KDMC department does one approach if one has to register complaint against the builder and the erring owner?

Appreciate advise.

Thanks in advance.
- OwnHome

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2 Replies

(Guest)

You need to form aparmental association or Co-operative society and get conveyance to it , it is mandatory by law. Anything written and registered does not make it valid , it has to be within frame work of law.

Your problem for rainy season ---- Municipal corporation /Planing authority under MRTP act allows person to put shade on terrace to avoid leakage now in your case he may have shown it but after rain stops it has to be removed , contact anti-encrochment cell of municiapal corporation. Actually before puting shade he has to take proper permission from town planing authorities too.

Anti - encrochment cell of municipal corporaiton only knows to fill their own pocket they prefer to come do some show and remove money from either party and go , this is what they are doing all over Maharashtra.

See if you feel you can go and complain to town planing dept and they will show that they stand to their own integrity but this all govt. officer when anyone complaint goes their only with mind that they got opportunity to earn money for themself and their higher ups and share it with local politican and their officer staff.

If you try to take court injunction then opp. side will take shadow of rain and you won't get relief too . Even if you get it will be costly affairs because you need to prove that leakage don't take place at all .

Solution -- form apartment association /society get conveyance 2) Settle personally problem 3) You need to prove in Hon. Court no lekage is taking place or same to municipal corproation

Mayuresh Tople 21 July 2017

I have exactly the same problem in PCMC (Pimpri Chinchwad) however I have lodged a complaint against the owner to my society commitee however they say that they cannot take any strict action as the society has not been formed and currently we are at a stage where the builder has not given formal handover and the ADhoc commitee is running the show . Can someone guide me in this regard ?

Regards,