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JPrabhakar (-)     16 October 2012

Incomplete work by builder

Hi,

I purchased an apartment and is now occupying it from Aug 2010. However the Builder hasnt 1) worked out with the authorities on the property tax assessment of the property, 2) he hasnt handed over the corpus fund to the association even after 1 year since the free maintenance period is completed, and 3) the residents have several safety concerns such as open electrical wirings, no hand rail for staircases, open drainage pits etc. I would like to know if there is any chance as per the law to get these done by the builder.

Thank you.



Learning

 3 Replies

Advocate Rohit (Advocate)     17 October 2012

yes there is a deficiency of service from the builder which could be pose threat to the safety of the society members as well as for the visitors. you need to send a legal notice to tthe builder through an Advocate.

 

Regards,

Advocate Rohit Dalmia

Mumbai

9324538481

S Jadhav 98336 98330 (Jadhav & Associates)     17 October 2012

The location of the apartment is not mentioned. But in a municipal area, whenever the builder's architect feels that the building is complete, he isues a building completion certificate (BCC) and applies to the municipalty which normally issues an Occupation Certificate(OC). In your case also your builder would have received an OC which he must have given you a copy of and then you must have occupied the flat. The architect would not have given a certificate of there are so many incomplete issues, but many builder's architects do many things which the builder asks for as he is the one who appoints the architect and pays them the remuneration.

You may complain to the builder first along with a copy to the municipalty and ask him to get the repairs done. If he does not do so even after the legal notice then you may approach the consumer court where you will get justice quicker than normal courts.

S Jadhav

P.K.Haridasan (Advocate)     17 October 2012

Approaching consumer court is a better choice

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