gk
12 February 2024 at 22:19
Dear Sirs,
Greetings.
On behalf of the Apartment Owners Association, we have asked our builder the following docs associated with our apartments building
1. All the electrical drawing/diagram submitted by the builder to the elec board and their approval
2. All the structural drawings submitted to the municipal authority and their approval
3. All the water piping/ connections drawings submitted and the approvals
4. All the interior and exterior painting details of the building in which Asian Paints provided a 10 yrs warranty for the painting as we understand from the manufacturers rep.
5. Relevant drawing and approval of Sewage Treatment Plant.
6. All the submitted and approved drawing/diagram of the Fire & Rescue eqpt system installed and approval docs
7. All the relevant diagram drawings and docs of Rituculated Piping system installed for LPG supply to the entire flats
etc.
But the builder is not interested to handover most of the docs. They have informed us that the drawings and diagram of electrical connections, gas connections, structural premise diagrams/drwgs, water piping etc. are not available and so can not handover!!!
Among the other docs, painting has been done by subcontractor and so the details are not available. If reqd some of the Bill's or invoices can be arranged but not all the full details. On Warranty part, the builder is not aware of that and informed no warranty on painting or paint products. ...........
Their response is in such a style as mentioned above.
So, our query is whether as Owners Asdociation we do not have rights to ask and have those important docs mentioned here s above? If they are denying, what sort of step we can take to have thos docs? RTI will help us ? Or on legal point of view, what can we do here? From which Govt. authority, we will get supports on this regard?
Anticipating your valuable suggestions/advice.
Thanjs
Regards
gk (from Kerala, our Association is regd under 1861 Society Act)
gk
12 January 2024 at 09:25
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
gk
16 October 2023 at 11:23
Respected Expers,
Good Morning.
We have decided to install a water purifying treatment unit for our Borewell water used for domestic purposes in our residential apartments in Kerala. We have contacted some of the local contractors through some references as well as google search. We are very new as an apartment Association who are planning to award this project to one of the contractors based on their quality or previous projects exp etc.
Now, what sort of legal formalities to be done while awarding this project to a contractor? I mean, whether it should be through a legal advisor, on stamp paper, with authorized attestation etc?
whether witnesses required to sign in such agreement? OR simply any specified format is there we need to follow? In future, in case of a dispute on their(contractor) service or materials with ref to quality or safety or such any aspects - whether due to lack of some clauses or terms and conditions in the agreement paper, "to be faced such a situation like, we are not able to go ahead legally against the contractor?
Or the consumer court or forum is unable to support us due to "lack of proper agreement?"
Simply what we should care while making such contract award agreement for any such project to safeguard ourselves
Please advise.
gk
NB: In a similar project in our town, around six lakhs rupees invested by another apartmrnts and the unit become nonfunctional soon after the installation but the Apartments were unable to take any action against the contractor...... I understand due to such some lack of proper agreements or lack of proper clauses in the agreements. This is the reason for the query since we are in need of such plant to be installed in our complex - but wish to make such agreements in proper legal way.
🙏
gk
16 October 2023 at 11:19
Dear Sirs
While trying to post a topic I am getting an error as above " message thread contain mobile number" - but there is no such any number in the message?
Please help me.
gk
gk
13 July 2023 at 13:08
Dear Peers,
Pranam.
Regarding the subject, whether various Acts are available as a Legal reference /documents to form an Apartment Association in Kerala State?
OR Compulsorily we should follow some specific Acts in Kerala?
Please advise.
Thanking you
Regards
Gopalakrishnan
Anonymous
10 February 2023 at 19:24
Dear Peers,
Good Evening
We are facing an issue on the painting quality of the building in our newly built apartments. The painting quality noted as not up to the minimum standard with ref. to the visual appearance, we feel.
Whether we could file a complaint in consumer forum or court ? Whether we will able to get support from the legal authorities against the contractor malpractices if anything done?
How we could make this since we are 40 flat owners in total but presently less than 50% of them are taken the possession and started stay in the same.
Please advise us whether we could make such complaint as mentioned above if so what are the procedures, in general? And what are the obstacles we may face here on this regard.
Anticipating your response please.
gk
01 June 2018 at 13:44
Respected Sirs/Madam,s,
I am in need of a Relationship Certificate (which should indicate the relationship of myself and my daughter) to produce the same for the admission to medical college in Kerala during the admission to MBBS since myself and my daughter are NRI - and the above document is the proof to re-confirm the relationships. This document is mandatory in Kerala but not sure about the case in Tamilnadu. But since I am a resident of Tamilnadu and my wife and children are of Kerala, I need to get the Relationship Certificate from Tamilnadu Revenue Authority as I understand. But unfortunately, the concerned VAO / Village officer is not willing to issue this certificate and his justification is that he has never been issued such any certificate so far to anyone !
I am helpless here to proceed further and not aware to whom I should approach. I would please be requested you to help on this regard, with your kind advice.
Thanking you in advance,
with regaqrds
Gopalakrishnan
gk
29 July 2017 at 01:37
Respected Peers,
Pranam!
Is it mandatory to transfer the Patta to my name, after buying that property / registering the property in my name. Or registration sale deed is enough for further any future reference? Please be requested to be clarified.
Thanks
Regards
Krishnan.
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Builders commitment to the owners of aparts in 5 years
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