Builders commitment to the owners of aparts in 5 years
Querist :
Anonymous
(Querist) 06 March 2024
This query is : Resolved
Respected Experts,
In the first 5 years after handing over the apartments/building to the owners, what the builder should be provided to the Apartment owners or to the Owners Association in free service point of view.
15/18 months after handed over, we had a main waterline leak repaired by the builders technicians, but they have charged us Rs.3000/- (including the materials).
Whether we should pay this? The 5 year period legally applicable here? Whether any law insists the builder that in this 5 years no repair should come in the apartment?
Please advise on this regard.
Yours faithfully
An owner /Association Rep
T. Kalaiselvan, Advocate
(Expert) 06 March 2024
The builder is bound to maintain the apartments for a period of two years after handing it over.
However the material costs and the labor costs are to be borne by the users for the repair charges which are due to wear and tear
kavksatyanarayana
(Expert) 06 March 2024
The maintenance charges law under the RERA stipulates that the developer must pay all maintenance charges until the day he hands over the possession to the buyers. “Thereafter, he has to ensure that the building remains without any leakages for five years beyond the date of handover to the society.
Querist :
Anonymous
(Querist) 06 March 2024
Thank you very much Kalaiselvan Sir and Satyanarayana Sir.
Whether the RERA Specifications or rules and regulations varies from state to state? If the builder is not willing to attend such leaks or repairs, on what grounds or reference we could take action or make complaint and how it can be done?
Yours faithfully
🙏
T. Kalaiselvan, Advocate
(Expert) 07 March 2024
RERA rules though differ from one state to another, it will not be a very vast difference.
You want to approach RERA or consumer forum, you can decide based on the circumstances prevailing at your end
Querist :
Anonymous
(Querist) 07 March 2024
Thank you very much Kalaiselvan Sir,
I have directly gone to the local consumer protection dept (commission/forum) to have some info on this matter.
But unfortunately none in the dept is aware about RERA norms /specs or such any related matter. They are doing the Adminisration related activities, as they informed. And advised that legal personnel can only guide on such matters but not those working in the dept!
That info really disappointed me.
That is the reason for asking such related matters here.
Thanks a lot for your hearty supports with timely responses always, Sirs and highly appreciated on the same.
Let me go through the RERA Rules if I can google the same.
Regards,
🙏
Regards.