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Clarification on poor construction of building by builder
05-Feb-2023 (In Consumer Court Law)
Apartment with underground cellar constructed 10 years back. Cellar walls are not with RCC structure. Now they started seepage during raining season causing dangerous situation. Builder is rejecting to take it as his responsibility. How to make him responsible. Advise please
knowing to purchase the non-rcc structure and the 10 years old the builder wont take responsibility but you can change the structure with RCC as the seepage is damaging the walls and so please be advised
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Adv. Innamuri Balasubramanyam
Rajahmundry | 500+ Answers
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Dear,
What is decided about the cellar maintenance in the agreement? If there is a specific clause in the agreement pertaining to the maintenance and liability of the builder upon his default with regard to adhering to the maintenance clause, he can be made responsible for the issues you are facing. Ask the secretary of the apartment to get issued a legal notice to the builder and ask him to comply with the promises in the agreement. If the builder is not coming to terms, approach consumer forum and file a complaint against the builder for a direction to make good the deficiencies in the cellar and to claim compensation from the builder for the mental harassment all the flat owners are facing due to the deficient services provided by the builder.
What is decided about the cellar maintenance in the agreement? If there is a specific clause in the agreement pertaining to the maintenance and liability of the builder upon his default with regard to adhering to the maintenance clause, he can be made responsible for the issues you are facing. Ask the secretary of the apartment to get issued a legal notice to the builder and ask him to comply with the promises in the agreement. If the builder is not coming to terms, approach consumer forum and file a complaint against the builder for a direction to make good the deficiencies in the cellar and to claim compensation from the builder for the mental harassment all the flat owners are facing due to the deficient services provided by the builder.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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Before going for a complaint against the builder you have to first get a report from the municipal or relevant engineer as to the cause of seepage. Basing on the report then issue a notice, then if the builder did not amicably respond then file a case.
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Adv. Dwara Pallavi
Hyderabad | 200+ Answers
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