Second owner remedy

Adv. Yogesh Pawar (Querist) 29 December 2016 This query is : Resolved
Hi
This is Yogesh, I have purchased flat from first owner which is in warranty still now.
But now leakage and others problems are occurred. Builder is saying you are second owner we can't do anything. Estimated repair expenses of flat is about 4 lakh rupees. The site is still under construction we are paying maintenance to builder.
What remedy I have ?
Can second owner file consumer complaint before district forum ?

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Kishor Mehta (Expert) 30 December 2016
Sir,

On the registration of a sale deed all the rights, remedies and obligations pass onto the purchaser. The builder, if liable under a valid contract/obligation for the repairs, to the original owner is also liable to the purchaser.
Good luck,
Kishor Mehta

Ms.Usha Kapoor (Expert) 30 December 2016
The builder is under obligation till he gives OCCUPANCY certificate to repair the house/flat. ALSO THE OWNER.

Sri Vijayan.A (Expert) 30 December 2016
The builder cannot wash his hands on the ground that you are second owner.

The first owner is responsible to make the builder to rectify the repairs otherwise he has to rectify it on his own.

So, send a legal notice to both of them.
Contact a local lawyer.

Guest (Expert) 30 December 2016
As per the Bill passed in Rajya sabha on 10th March 2016 the developer's/Builders liability for Structural defects has been fixed up to 5 years from the date of Possession

Rajendra K Goyal (Expert) 30 December 2016
If the builder is not hearing, lodge consumer complaint.

Adv. Yogesh Pawar (Querist) 30 December 2016
Thank you very much experts. I visited district consumer forum but they told you cannot lodge complaint because I'm second owner.

Rajendra K Goyal (Expert) 30 December 2016
Discuss in detail with local lawyer, if you are registered owner you can approach consumer forum provided nothing mentioned otherwise in the documents.

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