Apartments quality, warranty and builders commitment

gk (Querist) 12 January 2024 This query is : Resolved
Respected Experts,

Happy New Year Wishes ⚘

My query is regarding the subject and I could explain in detail.

Presently I am staying in my own apartment in Kerala, took possession in 2022, we are 39 owners are here in this apartment of 40 flats, in which one owner purchased two adjacent flats and clubbed together - just fyi only.

In all of our registered documents/deeds, the apartment name has been mentioned with a word "premium", as (like ABCDE Tower Premium Apartments) and we are not sure that due to that word "premium", whether we are possessing some premium sort of advantages anywhere including in a legal dispute or complaint against the builder.

My queries are:
1. Whether like all the other products manufacturers guarantee or warrantee, what is the warranty that the builder is providing to us in Keraka or in India?
2. What items or sector /section these warranty is applicable?
(I mean : structural/walls/stairs, electrical wiring/panels, plumbing lines/connection fittings, bathroom/sanitary items and fittings, painting - interior/exterior, lifts, fire fighting eqpt, transformer, interlock tiles of ground, bore wells and tanks, ST Plant and its eqpts, genset, gym eqpts etc.)
3. What kind of a quality the builder should provide to us as a minimum? Whether any standard or reference lines are there specifying the same in general?
I mean, the structure, walls, interior painting, exterior painting, fittings provided, the equipments like lifts, genset, gym eqpts, stp plants, water pumps, electrical panels, fire fight systems .... etc.
Is there any common law is there specifying the minimum quality std required for such Apartments and the items provided in the bldg/premise by the builder?
4. And if we are not satisfied how we could measure such qualities? referring to.... ?
Whether such standards or warranty should be mentioned in registered deeds?
5. If nothing about such warranty is not mentioned in registered deed, is it like that the builder is not having any further commitments with the buyers to provide anything more?

Am surely not in an intention to have all the answers from you for the above, but asked all these wueries to make you understand those points in which most of us are having zero awareness and we do not know whether for any repair or complaint the builder has the commitment to fix it free of cost at least if it happens in a stipulated warranty period in general even though it is mentioned in our documents.

One of my friends just mentioned that any issues within the next five years of period - with effective from the date of the deed registered or date of possetion taken (whichever is the latest), all issues or repair works shall be corrected by the builder's own expense.
I am not sure about this but also wish to know your response on the same very briefly.
NB: He is a prominent builder, in that city fyi.

Thanking you
Yours faithfully
GK

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Quick Summary

This discussion explores the quality, warranty, and builder commitments for new apartments in India, particularly in Kerala. Owners are seeking clarity on the expected quality standards, the existence and scope of builder warranties, and how to address issues when a builder's commitment is lacking. The conversation touches upon the role of sale agreements, deeds, and the Real Estate (Regulation and Development) Act, 2016, in protecting buyers' rights, with a comparison to stricter international construction standards.

kavksatyanarayana (Expert) 12 January 2024
When land is given for the development and construction of an apartment the owner and the builder go for an agreement in which they mention the quality to be used, amenities to be provided, parking place etc. So verify the agreement, if the builder does not follow the terms and conditions (quality etc.), a case may be filed against the builder. But no warranty will be given.

Advocate Bhartesh goyal (Expert) 13 January 2024
Yes, buyer can sue builder if he violates the terms and conditions of contract/agreement. Builder never gives guarantee/warranty but if he makes poor constructions then liable for compensation,

T. Kalaiselvan, Advocate (Expert) 13 January 2024
All your questions have answers in the sale agreement as well as sale deed.
You may visit the builder buyer agreement for knowing the answers.

gk (Querist) 13 January 2024
Dear Satyanarayana Sir,
There is no such signed or specified agreement or contract. All are attracted by his advt and there is no specification provided other than a brochure, in which it indicates about the amenities provided.

Whether PREMIUM apartments are different than apartments? Their advt was as PREMIUM Apartments and in the reg deed itself mentioned as PREMIUM APARTMENTS ......

gk (Querist) 13 January 2024
Respected Goyal Sir,
Thank you for your reply.
The poor quality - it is not poor but they could have provide a better we feel, since they are charging Rs.3800/- per sq.ft,
So whether this rate can be considered as a measuring parameter/unit on the quality std? what ground

gk (Querist) 13 January 2024
Respected Satyanarayana Sir,
Thank you very much

gk (Querist) 16 January 2024
Dear Goyal Sir,
The word "poor" - how can we legally interpret it? Whether we could grade a construction quality as worst, bad, good, best ..... or something like that?
On what basis we could use a builder on quality?

I have been worked in abroad in the construction field including oil and gas sector. There, the contractor/builder can not simply escape. Everything should be with ref to specifications only. Either client has their own specifications or they will refer to the international standards.
I am trying to find out whether such reference or standards available in India to protect and support the customers or owners who put their hard earned income by trusting the builders?

P. Venu (Expert) 18 January 2024
To my knowledge, the Real Estate (Regulation and Development) Act, 2016 provides broad policy guidelines.

In the absence of any realtime issue, there is no scope for any specific suggestion.

gk (Querist) 20 January 2024
Dear Venu Sir,
I have been worked in abroad/gulf in the construction field especially in the QAQC and Safety dept for more than 15 years. No single contractor can simply escape there from their commitments on Quality and Safety due to proper written and client approved specifications with ref to the international standards (ISO, BS, NAVE, ASME API etc. ) which enable the contractor to avoid any malpractice during the projects. A mistake noticed may lead them up to imprisonment and a blacklist of the company - depends on the severity of the nonconfomities.

Am wondering why we are unable to make such norms to the contractors or builders with reference to the legal supports or consumer protection cells? Whether you are thinking that our laws are not strong to support the customer ?

Otherwise why a lot of apartment owners and associations or even individual house owners are struggling and suffering with their builders unethical approach or customer service?
Please share your valuable opinions.

Regards
GK

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