Dear Sir, I have recently purchased a flat in a newly built apartment and officially completed the sale deed recently. the flat owner staying below mine flat has constructed 2 illegal balconies and claims that he will get it legalised soon. In addition he has constructed huge canopy over all his balconies which obstructs my view below, also this ruins the look of my flat when looked from outside. in addition the canopy accumulates dust , dirt, bird droppings which gives a bad look from my balcony and all the windows. Mutual talks have failed and I want to perceive legal action but dont know whom and where to approach. any online complaint redressal site?. Please advise
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1) complain to municipal corporation for illegal construction carrried on by the flat owner
2) seek demolition of unauthorised construction made by the flat owner
2) if no action is taken by muncipal corporation file suit seek demolition of unauthorised construction made
Can I approach consumer court as building is not having completion certificate yet and it is builders responsibility too? will filing a complaint on NCCF online help?
You can file complaint against builder before consumer forum and seek orders to direct builder to obtain building completion certificate and OC
Online complaint may not help you in obtaining desired results
Raise a complaint before the municipal corporation for the unauthorized construction.
If nothing is done by the authorities then file a suit for demolition.
Also it might be a case that the builder gets the extra construction compounded from the municipal authority and in such case it will be difficult to pursue the matter before the municipal authority; and in that case you will have to challenge the compounding before the HC if the compounding is done against the statutory laws
See, there are two ways : -
Firstly, go before the lower court and file an injunction suit under the right of easement. This would give you relief but a long battle for future as a permanent stay.
Secondly, make a representation to the municipal department, police and development authority. Immediately after it file a writ petition of Mandamus in the high court and get relief instantly (within one day all would be demolished), and also a quite less court fight in comparison to the lower court.
I am a high court and supreme court practicing lawyer that is why suggesting you the best way.
filing an online complaint will not help much
Yes you can approach the consumer forum also for deficiency is services, saying that the OC is not being provided on time and moreover what was promised is not being delivered.
Regard s
Move a legal notice/complaint to the RWA and request them to initiate an action against this illegal construction.
Approach the High Court/Consumer Court, if no action is taken on your legal notice/complaint.
1. The owner of the flat below has made illegal construct without availing sanction for the said construction from the local Municipal Corporation for which the said construction is illegal construction which is required to be demolished by the said Municipal corporation with police assistance.
2. File a police complaint under copy to the local S.p./ D.C. and the Chairman of the said Municipal Corporation for arranging to demolish the said illegal construction carried by the said flat owner below your flat.
3. If the aforesaid authorities fail to take action as per law, file a Writ Petition before the High Court against inaction of police and also the Municipal Corporation praying for a direction thereupon to demolish the said illegal construction immediately and also to give you protection.
1. You can file a complaint before the Consumer Forum if you have any agitation about the said sale or transactions involved with the said sale and you find any deficiency in service and unfair business practice followed by the said seller.
2. The problem of illegal construction that you have reported to have faced can not be tried/ heard by the Consumer Forum for lack of jurisdiction and authority.
at first instance you contact with Maha RERA authority, Local municipal Authority and MOFA authority. then think over consumer forum according to the value of your flat.
Yu wouuld have to go for injunction from the court, first step is to sent legal notice that if they dont stop the construction you will be forced to move to court within 15 days, thay may reply, may not reply, you can go to court after 15 days
Illegal construction always be stopped. You can approach the municipal authorities or approach the court of law.
The illegal construction should be brought to the notice of local civic body which granted the plan approval.
If he has committed civil damages or injury, you may write to him seeking compensation for the damages.
First send him a legal notice pointing out his illegal activities and then you can proceed legally against him.
You can approach consumer forum seeking direction and compensation against the builder for not providing the CC or OC.