I am a resident and flat owner in a society comprising 120 flats. The builder handed over the society to the Residents’ Welfare Association (RWA) in August 2023, following the completion of one year of maintenance. Although the builder had obtained the CMDA completion certificate in March 2022, several promised amenities remain unfulfilled. Notably, the builder constructed an EXIT gate but failed to provide proper access, along with other deviations from the approved layout. Despite these deficiencies, the initial association team accepted the handover. Thereafter, the succeeding team continued to follow up with the builder through multiple email communications regarding the EXIT gate, but no satisfactory response has been received to date.
- Nature of Deviations Observed:
- EXIT GATE: There is no access through the Exit Gate to the 9.0 m wide road. Due to the elevation difference between the project’s ground level and the road level, the builder has failed to provide any means of connectivity. The gate has remained locked since inception, with no functional link to the 9.0 m wide road. Consequently, all 120 dwelling unit members and their families are forced to rely solely on the single-Entry Gate for both entry and exit, which poses a significant safety risk.
- SEWAGE TREATMENT PLANT: As per the approved layout, the Sewage Treatment Plant was to be constructed underground. However, the builder has installed the plant above ground level, which has resulted in significant noise pollution and foul odour affecting the residents.
- SCIENTIFIC DISPOSAL OF GARBAGE AREA: No provision has been made for garbage disposal within the premises, despite the approved layout specifying underground scientific garbage disposal areas.
- STORM WATER DRAIN: The storm water drain line has been shortened, in deviation from the approved layout. No drain has been constructed along the High-Tension line, particularly in the section between the Security Room wall and the north-side compound wall.
- HIGH TENSION LINE: There is a deviation in the High-Tension Line area from the approved layout, causing Parking lots 71 to 77, the Security room, and a portion of the Sewage Treatment Plant to fall partially within the High-Tension Line zone.
These deviations differ from the approved CMDA plan and may affect the safety, ventilation, and legal compliance of the building.
In addition to the above deviations, the builder is currently constructing a new project named NEWRY ADORA (CMDA Approval No.: OL-PP/NHRB/0123/2023), which is nearing completion. Although the 12.0 m wide road already has two gates (one designated for entry and one for exit), a third gate is now being built very close to the NEWRY AURA entry gate—the only functional access point for 120 dwelling units. The construction of this third gate will obstruct the entry and exit of NEWRY AURA residents and their families, create traffic congestion, and significantly increase the risk of accidents in the near future.
In the last Special General Body Meeting, it was resolved to raise a grievance complaint with CMDA regarding the builder’s failure to provide the promised EXIT gate access. However, the current association has refrained from pursuing this matter, expressing concern that the builder might initiate legal proceedings against the society. A few individual owners have already submitted grievance complaints to CMDA by email, but no response has been received. Additionally, some owners have registered complaints through the National Consumer Helpline.
Since the present association is unwilling to get involved, I wish to know whether it would be permissible for one or more individual owners to file a writ petition before the High Court, naming CMDA, the builder, and the RWA as respondents, to demand provision of the EXIT gate access for the society. I also seek clarity on whether such a writ petition could lead to any legal complications, and whether there are alternative remedies available to secure the EXIT gate access, given that more than three years have passed since the project was completed.
I request your valuable guidance in this regard.
— Selva Arasu
