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gk (Service)     10 January 2024

The quality of apartments and its amenities, and all provisions by builder

Respected Experts,

Happy New Year Wishes ⚘

I m not sure the category of my selection in this esteemed forum is the right one.

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 arr 39 owners are there in this apartment of 40 flats, in which one owner purchased two adjacent flats and clubbed together - just fyi only.

 

Respected Experts,

Happy New Year Wishes ⚘

I m not sure the category of my selection in this esteemed forum is the right one.

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? What items or sector /section these warranty is applicable?
What kind of a quality he should provide us as a minimum? Any standard or reference lines are there?
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 provisions of the builder?
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?

Am surely not in an intention to have all the answers from you, but asked all these to make you understand those points in which most of us are having zero awareness.

One of my friends just mentioned that any issues within the next five years of period - with effective from the date of the possetion given or date of deed registered (whichever is the latest) all issues or repair works shall be corrected by the builder with his own cost. I am not sure about this but also wish to know your response on the same.

Thanking you
Yours faithfully
GK



Learning

 2 Replies

anjali tamrkar   26 January 2024

After reading all the facts of the query firstly I would like to brief you ,as you mentioned in the statement  that, in your registered deed the word premium apartment is Mentioned .
As per my Knowledge Premium apartment is something having a luxurious apartment having a all sort of facilities . This is also a fact  which play a very crucial role here is why you mentioned word premium in your deed. if it mean the luxurious than definitely your builder has to provide all sort of luxurious facilities .
Your case is absolutely dependent  on the terms and conditions fix by you or all partners  and your builder and the case may fall in the Indian contract Act 1872.
As per the Indian contract Act 1872 ,Whatever is mentioned in the contract ,the builder is binding with all the terms of the contract .

gk (Service)     29 January 2024

Dear Anjali Madam,

I will check with all other owners, but as per my knowledge we have not sign any contract regarding this matter other than the Registered Deed only.

I will revert soon.

Thanking you 

Regards

 


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