Hi, I am from Bangalore and own a flat with a private terrace right, this terrace is unregistered to me and it is kept open. The builder has installed the water purifier system on my terrace from day one that provides purified drinking water to 90+ flats, this is 50% of the flats in our apartment and the installation is permanent. Every third day the maintenance team would visit my terrace to clean the water purifier and put some chemicals in it, I have provided a key to them for this purpose. There is no legal contract or any agreement that says the water purifier be installed, it is a generic statement that is mentioned in my sale deed that the terrace should be kept open and accessible for management of any problems. The water purifier installed on the terrace has caused more issues such as damaging my inner roof and causing water leaks in my bedroom. This is an issue from the beginning and I spent close to 1.5 lacs in 2013 to construct the waterproofing systems in the terrace to prevent water leaks but since the association doesn't maintain the area around the water purifier rightly the problems resurfaced again two years ago, when I approached the association they said they would fix the issue but haven't fixed it. I understand from news articles that selling and owning the open terrace is illegal. I understand that removing a water purifier can have problems both short and long-term. So I am looking for the below clarifications. 1. Since the builder provided terrace rights does this mean am I the owner and will have to maintain the terrace at my expense? I would like to know what is the law on terrace ownership and BBMP aspects as well. 2. Even if I own the terrace, shouldn't the area around the water purifier be maintained by association here? I requested to apply a waterproof solution around the water purifier area and agreed to address it Though they said in emails they would address yet it is not addressed. When I recently sent an email, I got a not-so-great response, and seems they are not interested in addressing the issues. 3. How do I make them accountable to address any problems arising from this water purifier thing? In my opinion, this wouldn't be the last issue and I am seeking a peaceful and amicable solution. Even two years ago there was a water leak happening from block joints due to some paint works carried out by the association in the terrace since the association couldn't address it on time one of my bedroom walls had a complete fungus and I spent close to 20K to fix the issue internally, the association addressed the issue externally after repeated followups, long delays and multiple escalations last year. I couldn't use this bedroom for more than 6 months. Many thanks for your responses.
Association has to maintain the terrace as it forms part of common area for benefit of all members . The water purifier has been installed for benefit of all flat owners and association has to maintain it
2) file complaint against association before consumer forum and seek orders to carry out necessary repairs to terrace
You can approach consumer court for deficiency of service
1. If you do not have any registered documents to prove that the terrace rights have been sold to you, you cannot claim rights over it just based on the oral or an unregistered document that you may possess.
The terrace if a common space to which all the members of the association has accessible rights.
In fact in the absence of a registered document to prove title on your name, this terrace belongs to the association only.
However this will not permit them to damage your house property.
2. The water leakages which dampen your walls and water seeping causing you damages have to be rectified by the association, if they don't do it, you can send a legal notice to them and get it repaired at your cost and demand the reimbursement for the expenses incurred by you.
3. If your concerns are not addressed by the association and not taken care amicably, then you may have to resort to legal action by first issuing a legal notice and after that to proceed as per procedures of law.
1. If you are owner of terrace rights, builder has no right to construct any purifier on terrace without your consent. You are liable to maintain the terrace and use exclusively. 2. Even if you do not own exclusive terrace rights, under RERA terrace is common are jointly owned by all property owners. As the it is common area, any damage caused to any particular property/flat owner due to use of terrace for common benefit of all property owner is to be rectified/repaired out expenses paid by all. Since water is supplied for fifty percent of flat owners, it is the liability of association to find a permanent solution to water seepage in to your flat. 3. Issue lawyer's notice to association seeking permanent solution to the problem marking copy of notice to Registrar of Societies if association is registered. After that file a complaint with Registrar seeking direction to association to provide permanent solution. You can also approach civil Court for similar direction to association. 4. Seek recovery of all expenses incurred in repairing your flat due to water seepage. You are entitled to reimbursement.
Dear Client,
Complaint against builder can be filed in the Consumer Court under the Consumer Protection Act 2019 in the district where you reside. Complaint against builder may also be filed under The Real Estate (Regulation and Development) Act, 2016 (RERA).In the instant matter, where the builder has cheated you or the devleoper has made false promises, the buyer can file a criminal case under Indian Penal Code, 1860 for cheating, breach of contract, for delivery of poor quality of construction.Definitely you can recover your money back with interest from the builder from the date of your payment till realization. As a first step you need to issue him a legal notice through your advocate and thereafter it is advised to approach the consumer forum for claiming compensation.First, you will have to send a legal notice to the builder mention that you want to cancel the booking and want refund of the booking amount as you won't be able to pay further amount. If the builder agrees then you won't have to do anything.
Thanks & Regards
- A terrace is a common area of a residential society which is for the enjoyment and benefit of all its members.
- As per rule , the Association shall frame rules, regulations and procedures for its common areas and facilities as well as frame guidelines of restrictions and measures designed to prevent the unreasonable and improper use of facilities and common areas which will interfere with the peaceful occupation of units by respective Owners / Residents conducive to day to day living environment.
- As per Bye-laws , Repairing of external leakage of the premises is the responsibility of society.
- Further, The Bombay High Court, has held that a co-operative society is responsible for repairs of a leaking roof.
- If the Society is not taking interest to repair the leakage problem, you can complaint to local BMC ward office.,
- Under section 381 of the BMC Act., it has the power to inspect and then issue a notice to the society, and if no response from the BMC, then you can file a suit in the Court as well.
1. if you having the documentary proof for being the owner of the terrace , then the builder cannot installed purifier without getting your consent and it cannot be for all the members
- Hence as the said purifier has installed by the builder then now it is the duty of Society to maintain the same , and a compliant can be filed by you.
2. You can lodge your compliant before the Registrar , if the association is not giving attention towards this trouble faced by you.
3. issue a legal notice to the society before taking another legal actions.
