Retaining wall collapse due to heavy rains

This query is : Resolved 
 

(Querist)
08 November 2019

Hi,
I am a flat owner in a gated community.
it's a new community.2 .5 years back we bought this flat.2 months back due to heavy rains our community retaining wall was collapsed.so whom we should involve for the reconstruction of the wall.the thing is builders not ready to reconstruct the wall.bcoz they saying that we already got NOC so now we are not part of this community.
So I need some legal advice.plz help me out


KISHAN DUTT RETD JUDGE (Expert)
08 November 2019

Dear Sir,
You have to get issue legal notice to the builders from whom you have purchased the said Apartment. Thereafter you have to approach consumer forum seeking huge compensation or restoration of such fallen wall because there is deficiency of service by the builders since a portion of building fell down within a span of few years.


Dr J C Vashista (Expert)
09 November 2019

When was the building handed over by the builder to allottee(s)/CHS/RWA?
Whether the builder is still under contractual obligation?
Whether the builder has handed over the premises to the allottee(s)/ CHS/ RWA? If so, the allottee(s) / CHS/ RWA shall have to get it repaired.
It is advisable to consult a local prudent lawyer for better appreciation of facts/ relevant documents, guidance and proceeding.

Hemant Agarwal (Expert)
09 November 2019

!. The Gated Community has to repair /restore the damaged compound wall with its own funds.

2. Builder is legally not bound to repair such compound wall that got damaged due to Act of God/Nature and no cause of action is possible against the Builder.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com



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