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Terrace leakage

(Querist) 28 May 2020 This query is : Resolved 
I stay in 3rd floor of apartment in Bangalore. The day we entered to the flat, it started leaking from terrace. After complain to builder, he temperory applied some leak solution to the terrace. Every time it rains, it leaks and same story, vendor simply comes to apply some leak proof. But, it's been 2years builder is missing and not answering calls. No permanent solution is provided till now. Ceiling is almost damaged and it may fall anytime during this coming monsoon. In this case, please help me, how to proceed legally.
Raj Kumar Makkad (Expert) 28 May 2020
You are required to obtain a detailed report of a civil engineer confirming the cause of damage and cost required for eradication of such damage along-with the effect of the said damage to the structure of the building/your flat and thereafter file a complaint before RERA in Bangluru. You can engage a local lawyer and even can yourself contest/persue the complaint.
Rajendra K Goyal (Expert) 28 May 2020
How much time has passed after taking possession from the builder?
As per Clause 14 (3) of the Real Estate Act, a builder is liable to repair or fix any damages brought to his notice by a homebuyer within five years from the date of possession, without demanding any further charges from the homebuyer.
Send legal notice to builder, if no response lodge complaint with RERA.
Rajendra K Goyal (Expert) 28 May 2020
You can approach Consumer Disputes Redressal Forum with a complaint against builder for the damages, cost of repairs and other charges.
Raj Kumar Makkad (Expert) 28 May 2020
Though consumer complaints are not barred but when special act RERA deals with the specific issues then why to opt for the general law. You should go to RERA wherein the disputes get settled within a very short span of time.
Rajendra K Goyal (Expert) 29 May 2020
RERA is specially attending the consumer complaints in the Real Estate Sector. It can be bit fast being specialized authority.

Yet the Consumer forum is well established, attending, and redressing consumer disputes effectively. I consider Consumer forum preferred platform for such disputes.

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