• Builder enforcing restrictions on AC Installation and Harassing

Hello

Thanks for your help in advance.
I have recently moved in to my new flat in February 2021. The flat was purchased in pre-launch status in September 2016, and registration has been completed in my name on 16th October 2020.

After following all the due process to get the keys to the apartment and start the interior work, the builder's facility manager and security guards used to bother the Carpenters and other workers a lot during the course of the interior work. So, I with my interior designer and engineer visited the flat and spoke to the facility manager and explained to him what all are the alterations planned to get concurrence from them and make sure we have all the technical details such as electrical and plumbing diagrams etc.

As part of this we had planned to put 1 AC outdoor unit for the living room in the ventilation/maintenance shaft for which core cutting and creation of electrical point was needed, which we checked with them and was done as part of the interior.

Kindly note that there was a provision of 1 AC Outdoor Unit given for the Master Bedroom already in the shaft, which we used for Bedroom AC.
So, now we have 2 Outdoor Units of AC in the shaft.

Around the time of moving in our next-door neighbour who purchased 3 flats in the same building recently raised an issue with the builder and highlighted to us that the second outdoor unit "must" be removed from the shaft.
When questioned about the same, we were told that they are concerned about more noise from the AC.
Being our neighbours we addressed their concerns and made sure that both the outdoor units are as far away from any of their windows, so as to avoid any issue.

However, they have sent email to the higher management on the builder side and the Facility Manager is bothering us repeatedly and pushing us to remove one outdoor unit from the shaft.

Note that the interior work of our house has completed already and we have already started living in the new house.

We have communicated to them that the AC or us, will be no nuisance to anyone and there is not legal or technical challenge in putting 2 ACs in the shaft. There are 14 floors in the building and there might be 14 ACs running in parallel in the shaft. the noise insulation of the doors does not carry any noise to the houses.

But still the builder continues to persistently push us on this topic.
Their electrical incharge engineer has also visited the house, and confirmed that there is no issue in the was ACs are installed.

I am being continuously bothered and harassed by the builder at the whim of another owner because they know someone higher up or have purchased multiple flats.

I have told them to stop this and if it continues I will be forced to take legal action on grounds of intimidation and harassment.

Please suggest what are my options.
Asked 3 months ago in Property Law
Religion: Hindu

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5 Answers

1) you must have made application in writing for carrying on interior work 

 

2) it must have been mentioned in your application that you shall be placing out door unit of AC in shaft 

 

3) further as mentioned by you there is already provision for placing one out door unit in shaft 

 

4) no need to bow down to pressure tactics 

 

5) let flat owners and builder take legal proceedings against you

Ajay Sethi
Advocate, Mumbai
82702 Answers
5254 Consultations

5.0 on 5.0

Yes you can file q police complaint he can't forcibly dictate terms to you

Prashant Nayak
Advocate, Mumbai
23442 Answers
49 Consultations

4.4 on 5.0

Hello sir/madam

I have gone through the contents of your query mention herein on this site. I would like to advise that issue one letterhead notice with all the particulars as you stated hereinabove send to them and requested them not to indulge in harass or intimidate you in any manner as you affixed AC after taking all the measure as per rules and regulation under building and action plan provided by the promoter or builder. Despite the receipt of your letter/notice, if the neighbour and other his associates do not restrain to harass you from one pretext or the other, it is advised to you to file a Civil suit for a permanent injunction before the competent court of law by arraying all the society personal, including, builder, neighbour, an electrician in charge, or any other person to whom he or she can cause harassed you in future. The Hon'ble Court surely will give stay order in your favour against them.

Regards

G.L.Soni

Advocate

G. L. Soni
Advocate, New Delhi
77 Answers
3 Consultations

5.0 on 5.0

Dear Sir/Ma'am,

 

Please check if you are required to take any permissions from builder and society to place outer units of Ac in the shaft and you have taken the same. If no permission was required to be taken and you have the reasonable and logical and technical reasons to placate outer unit in the shaft there should not be any reason as to why the neighbor should object to placing of the Ac in the outer unit of the shaft.

Second, You can also check the practice followed by other owners, in case no permission or consent of builder or society are required. If this is a practice  to put outer units in shaft and other owners have done the same the neighbor has no legal right to object. further to above should you need more information and inputs please book a consultation.

 

Thank you

Anik Miu
Advocate, Bangalore
1528 Answers
18 Consultations

4.9 on 5.0

The builder, if troubling you continuously at the behest of the neighbor, you may issue a legal notice to him instructing him to refrain from indulging in such illegal activities of threatening and harming you. as well as torturing you with continuous tortures with the customer. You may inform him that if at all he had any grievances over this subject issue, let him take legal action as per law, which will be appropriately challenged

You may warn him that if he is not refraining from indulging in such activities , you may have to approach court of law including consumer forum.   

T Kalaiselvan
Advocate, Vellore
72788 Answers
1111 Consultations

5.0 on 5.0

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