• Violations by builder

We bought a flat in an apartment complex near Rajarajeshwarinagar, Bangalore in 2016. Recently, the second builder, who is also the land owner, shifted the generator from its initial position to right under my flat below the kitchen and one bedroom area. The whole flat vibrates everytime the generator is turned on and there is a constant noise. One of the walls below the kitchen, that is adjacent to the generator, has developed a crack now. Even before the shifting had been done, we had requested the builder cum owner several times to stop the work. But our pleas fell on deaf ears. As mine is a corner flat, except for the apartments directly above ours, none of the other inmates of the complex are concerned about this problem. The association is not yet formed and the builders seem to be in a hurry to hand it over. But over 20 flats are yet to be sold. Meanwhile, there are problems with parking, too. They had already charged each of the buyers Rs 2 lakh for a parking space. Being a rectangular plot with 68 flats, there is a strip of walking space between the right and left main parking areas. Of late, in the name of valet parking, they have been selling this space too for more money. What be done? Who can we approach?
Asked 4 years ago in Civil Law

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12 Answers

check the building plans sanctioned by municipal corporation

2) file complaint against builder before consumer forum and seek orders to direct builder to shift the generator

3) also seek orders to direct builder to refund money collected for parking slots as builder cannot sell car parking slots

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1) file RTI application and check whether junkyard has been granted permission to operate in residential premises

2) if it is unauthorised request municipal corporation to direct closure of junkyard

3) if no action is taken file writ petition in HC and seek order to direct muncipal corporation to close junk yard in residentiall area

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

you have to take legal proceedings against the builder to protect your interests

it should not affect obtaining of OC .

you can if you so desire issue legal notice first to builder .

if there is no response then only take legal proceedings against builder

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Hello,

You can file a petition before the state consumer forum for the later problem that has been told by you, that they are selling the unauthorized parking just to make illegal profits.

Also, you can approach the civil court and file a suit for permanent injunction thereupon requesting the court to pass a direction that the builder be directed to remove the generation from the said place as the same is causing inconvenience and nuisance.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

For the situation as mentioned by you in the follow up question, you are advised to file a civil suit for permanent injunction.

Contact a local lawyer for the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Send a legal notice to the builder raising both of your grievances and calling upon him by means of this legal notice, to take corrective measures forthwith.

If this project is registered under RERA, you have the option to approach the Real Estate Authority and seek redressal of your grievances. If not, you have the option to approach the consumer forum.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

As regards yo your question, I'm reproducing section 286 of the indian Penal Code:-

"268. Public nuisance.—A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage."

You may register a complaint with the Police and get booked the owner of the junkyard/factory for causing public nuisance.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) Are you started living in under construction buildings area ?

2) Try to handle situation in polite manner and narrate your issue to them or take a generator in empty space of land where you find it suitable. Fighting legally will not sort your problems, as reading at facts and issues, the project is still under construction. Try to get information when project is going to get completed.

3) For parking you have to talk with builder. Ask him when completion certificate is going to provide and detail handover of project with eachone separate parking area allotment.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. As it is an ongoing project and yet to be sold, it comes within the ambit of the Real estate regulatory authority act 2017. Karnataka has framed the regulation thereto. The plan should be approved by the planning authority and in the plan it should have a separate place for generator.

In case of deviation from the plan, file a complaint before real estate regulatory authority.

Also refer the provisions related to the karnataka town and country planning act.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

The rule as well as supreme court has passed a judgment that the parking space cannot be sold as separate units by the builder in the flats/apartments.

If this generator is causing you nuisance, you can directly issue a legal notice to the builder to shift the same to some other safer place or to a generator room, which has been specifically provided in the building approved plan.

If he is not listening to your request you may approach civil court with a mandatory or permanent injunction suit seeking to refrain the builder from installing the generator in that place where it is causing you disturbance including the vibrations which causes damage to your flat.

You can also seek in the same suit to direct the builder to produce the approved plan of the building wherein the provision of generator room is mentioned.

This legal action will ensure that the proposed disturbance or nuisance can be removed.

You must know that a builder is not authorized to sell parking spaces as individual real estate units.

According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void.

Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

The plots on the left and right sides of the apartment also bear the same survey number and have been leased out by the owners of those plots. While a junk yard is to our right (not present at the time of occupancy), a metal fabrication unit is to our left (we were promised that this unit would be relocated). The loading and unloading of metal articles in the junkyard like heavy frames, pillars, pipes etc creates a lot of noise, sometimes even into the night. The cutting and welding works that go in the metal unit happens all through the day. There is no peace of mind, there is constant noise, a burning acrid smell and not to mention a lot of dust. We need to keep our door and windows closed at all times. How do we take this situation?

Often it happens, when you hear loud music sound from the neighbor’s house, you try to ignore that sound for as long as possible but sometimes, such noise may make life difficult. This type of nuisance is defined in Section 268 of the Indian Penal Act.

Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.

A common nuisance is not excused on the ground that it causes some convenience or advantage.

If this type of harassment is faced by you from your neighbor then, you can file an application under Section 268 of IPC in the court of magistrate.

Punishment of nuisance is defined in Section 290 of IPC, which is mere Rs. 200 but the court can do much more.

You can first issue legal notice to the builder/landowner about this nuisance and to remove them, if there is no response you may go ahead with the legal action.

You can even drage the builder to consumer forum for deficiency in service as he has failed to keep up his promise to clear the junkyard in the neighbor.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

File consumer complaint in consumer court for deficiency in service against builder.

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

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