• Surrounding/ entry of flat has health hazards

Builder Issue- I have a registered ground floor flat agreement with M/s Mahindra in Happinest Project at Boisar East. During possession, I noticed that at entry door area, a duct* (*where all drain pipes of other buildings at their back side go at termination with main drain flowing under ground). As I perceive, after these pipes go under use by respective owner of flats, leakages happening in future, will get accumulated in the duct and will be health hazards at entry area of my flat, including foul smells. 
This duct(open duct) has nowhere appeared in the my agreement and drawings in the document.
Builder is not ready to cover the duct giving reason that he(builder) has to do for all ground floor flats.
I have submitted above to the builder for their action and have NOT taken possession of the flat. Since then 20 days past. No action reported by the builder.
Please suggest what shall I do?
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1.This is purely the responsibility of the builder and he can not shy away from his liability.

2.the absence of such duct in the sanctioned building plan makes his role more important as far as removal or correction of that duct is concerned.

3.if he redress your grievance then it is alright. otherwise you have legal recourse.

4.To explore your legal recourse you can file case for removal of nuisance or claiming damages from the builder in consumer forum.

You will get speedy justice therefrom.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

issue legal notice to builder to cover the open ducts

2) if he refuses file complaint against builder before consumer forum and seek orders to direct builder to cover the open ducts in the complex

3) take possession of your flat before you file complaint ebfore consumer forum

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

Cover the duct and make it hygiene is the duty of the builder. So send a legal notice to the builder. If they refuse to making arrangement then file complaint against builder before consumer forum and seek orders to direct builder to cover the open ducts in the complex. Also file complaint before the health department in Municipal Corporation.

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

First of all you ascertain the danger and the extent of damage that may cause you through an expert engineer due to this open duct.

On the basis of expert opinion, you issue a legal notice to the builder against this and instruct him to rectify the same and comply with the needful immediately.

As a next step you may lodge a complaint with the local civic authorities on this as well as for the deficiency in service by the builder, through a complaint with the consumer forum.

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

what is date of record for purchase of a residential unit for income tax purposes?

It will be the date of registration of the sale deed executed in your favor.

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

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