Leakage in flat

This query is : Resolved 

Querist : Anonymous (Querist)
13 August 2020

I have received possession of my flat in Oct 2018, earlier it scheduled in Sept.18 but they postponed possession to October due dampness in the bedroom ceiling.
we are facing leakage issue in my flat since july 19. We raised this complaint to the facility management appointed by the builder. They have resolved this issue in 2019 after rainy season (after 122 days from the date of complaint raised) and informed us that issue is resolved but I had doubt on their work, So We have clearly mentioned on their complaint closure report that we can not check the effectiveness of the work done by you but they have closed our complained in their system.
Now this year also we are facing leakage issue in the same areas and some other areas as well and we have raised this complaint before 30 days but we have not received any response. We are also sending emails to the customer service portal of the builder but they are saying that you need to contact contact to facility management appointed by builder. So no one is resolving the issue.
In fact my possession of flat was postponed by builder from sept 18 to Oct 18 by given reason of dampness in sealing. Now I have doubt that they have handed over me this flat (in winter season) without resolving the issue. They have cheated with me by delaying my possession from rainy season to winter season to hide this issue of ceiling leakage. I have all evidences with me..
So I need expert opinion how to deal this issue..


Isaac GabrielOnline (Expert)
14 August 2020

File a complaint with the consumer forum

Dr J C VashistaOnline (Expert)
14 August 2020

Mr./ Ms. Anonymous,
You have stated two contradicting statements in your post, which one of them is true which is false viz; " I have received possession of my flat in Oct 18 earlier it scheduled for Sept 19 but they postponed possession to October....." Are you sure about the fact that you have submitted ?
Be specific and precise.

Querist : Anonymous (Querist)
14 August 2020

Sorry its typo mistake please read statement as ''I have received possession on oct 18 which was earlier scheduled on sept 18....

Thanks Dr. J.C. Vishista ji..

Advocate Bhartesh goyalOnline (Expert)
14 August 2020

Yes,you have to file complaint before consumer commission having jurisdiction to try and decide on ground of that builder has handed over possession of defaulty/imperfect flat .It is not only their deficiency in services but also unfair trade practice.claim cost of repair and compensation towards mental and physical agony caused to you.

Shilesh PatelOnline (Expert)
14 August 2020

Agreed with expert Advocate bhartesh goyal, file a suit in consumer forum.

Rajendra K Goyal Online (Expert)
14 August 2020

You can lodge a complaint with the Consumer Forum as advised by the experts.

You can file complaint with RERA if the complaint is within 5 years from the date of possession.

Complaint to RERA can be filed online with applicable fees as per laid down procedure..

If others are also facing such problem, may proceed jointly.

Hemant AgarwalOnline (Expert)
15 August 2020

1. You have an positive option to file a grievance petition against the Builder /Developer, in the local Consumer Court, for their illegal trade practice, negligence, deficiency, harassment, intimidation, cheating etc.... with proper documentary evidences and you can claim damages /compensation & interest on your investment, and for your physical & mental trauma.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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