• Leakage in my home.

I shifted to RM Dhariwal Greens society on may 2018, i notice leakage from many places in my house. I have inform builder through emails and verbally many time. In my agreement to sale my house possession date is missing only 2017 is mention. The builder has not given me occupancy Certificate yet as it is pending with authority. My house leakage from slab was very serious due to which my furniture was damaging i had to do the repair work on my own because builder was not doing anything. I have fixed leakage from slab but I didn’t fix leakage from walls and window and bathroom as I thought builder will fix it for me. But now builder is saying it is all because of me that my walls and bathrooms are leaking. They had registered my bunglow in RERA phase-1 now they have made changes in plan and had canceled some bunglow of 3bhk and made them 2bhk and have registered them in phase 3 of RERA. Because phase 1 completions date is December 2019. I have all copies of email in which i have clearly mention that due to negligence from builder i have to fix my slab. I have hold their payment of annexure-1 as I didn’t recived OC. Builder had cut electricity for Annexure 1 payment but later restored and i have obtained new electricity connection from MSCB now he is claiming to cut water supply.
1- Can they change the plan from 3bhk to 2bhk and change it to phase-3
2- can i put a complaint in rera without occupancy Certificate?
3- can i put complain of leakage as i have done slab work?
Asked 6 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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8 Answers

1. See you cannot shift the phase but you can file a consumer complaint and can seek direction to builder to repair the said place and refund of amount already paid by you along with the compensation for delay and mental cruelty.

2. Yes alternatively you can also file before RERA.

3. Yes you can put the complaint as you have evidence of leakage. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. No. 

2. You can file consumer complaint for occupancy certificate. 

3. Yes you can also put leakage complaint and seek compensation

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

it is not advisable to take possession without occupation certificate or commencement certificate. Issue a notice to builder, file a complaint with RERA Or you can file complaint before district consumer forum. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

File complaint against builder before RERA and seek orders to direct builder to rectify leakages in your bungalow and to obtain OC within stipulated period 

 

2) water and electricity are essential supply and builder cannot disconnect it . If he does file police complaint against builder 

 

3) builder cannot change sanctioned plans unilaterally 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You have two options for this one you can go to be there and complaint against the Builder and second you can go to the consumer Commission and complaint against the Builder and claim the compensation along with the legal charges if the claim amount is more than 20 lacs simultaneously both way you can do it as per the apartment if this house is an apartment builder is responsible for the maintenance for 2 years from the date of position please check the apartment at applicable in your area if it is applicable Occupancy certificate is issued by the development authority to the Builder and builder is used for possession certificate to be ultimate end user

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear,

         No, they can't change plan from 3bhk to 2bhk.

         Yes you can file complaint in rera or you can file complaint in consumer forum also.

         In both cases builder have to pay repairing amount with interest.

         Yes with your complaint you annexed all the proofs you have.

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

Dear Client,

As per facts, You can lodge FIR against the builder and also, do complaint before RERA Authority. 

 

You can call me through KAANOON for more detail.

Mukesh Kumar
Advocate, Jaipur
92 Answers

It was your fault to take possession without OC,

the builder may put all the blames on you since you have done some repair works on your own and will hold you responsible for other damages also.

Well you can appraoch RERA for remedy to the grievances you are suffering due to the said major problems, if you dont get any proper response then you may even approach the consumer forum for deficiency in service and also for compensation for the losses you suffered.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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