• Continued seepage in the apartment

Hi 

I have taken possession of an apartment from a supposedly reputed developer (Assetz Marq) in Bangalore over 3 years ago. Soon after taking the possession the water seepage issue started appearing and has progressively worsened as everytime it rained and the apartment is on the top floor. We have constantly brought up the issue with the building management who have taken a few measures to fix the issue but have not been able to. Now they seem to have become non-responsive to our complaints. I wish to explore the legal recourse.

Appreciate your thoughts, 

Best,
Anupam
Asked 4 months ago in Property Law
Religion: Hindu

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11 Answers

1) it is responsible for builder to rectify leakages 

 

2) if he fails to do so file complaint against builder before consumer forum and seek orders to direct builder to rectify leakages 

 

3) also seek litigation costs and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

 This is clear case of deficiency of service. Issue lawyer's notice  seeking repair to seepage/leakage within one month warning him he fails to get it repaired you will get it repaired and claim compensation. After that get the repairs done keep record of all expenses. Issue another notice  seeking reimbursement of amount of repair with interest. File a complaint in District Consumer Forum  under new Consumer Protection Act, 2019 with photographs of before and after repair. You will get refund with interest, compensation for mental harassment, cost of complaint and lawyer’s fee. Any complaint in Real Estate (Regulation and Development) Act, 2016 will take time, order of District Consumer Commission under new Consumer Protection Act, 2019 will come fast.

Ravi Shinde
Advocate, Hyderabad
3525 Answers
42 Consultations

5.0 on 5.0

The builder whop constructed the apartments is responsible and liable to rectify the sdeepages or any other structural defects duly notified to him.

The building management is just an agent appointed by the builder hence they cannot be held responsible for the issues that you are facing.

You can issue a legal notice to the builder about this and demand proper action to plug the seepages and rectify the same at the earliest.

If he fails to respond or comply with the demand made, you may drag him to consumer forum seeking relief besides compensation for the agony caused by him due to this irresponsible behavior besides defects in the building construction.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

actually top floor owner is responsible for the if leakage from above flat and he had to make repairs to control leakage. if leakage from open terrace builder is liable to effect repairs. if both failed to take approprite steps to effect repairs approach consumer court or you can file a civil suit for Permanent Injunction against the top floor owner of flat.

Mohammed Mujeeb
Advocate, Hyderabad
19036 Answers
32 Consultations

4.5 on 5.0

Hi, first issue legal Notice to builder and thereafter you can file Civil Suit against Builder.

Pradeep Bharathipura
Advocate, Bangalore
5468 Answers
314 Consultations

4.5 on 5.0

Dear client, I am sorry to hear that but in this case there are two ways in which you can seek remedy. 

1st of all, if your contract have some provisions related to this kind of problems then you can enforce that clause. 

Secondly, you can also try to resolve your problems amicably.

Anik Miu
Advocate, Bangalore
5846 Answers
59 Consultations

4.9 on 5.0

You can send the notice and approach consumer court

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

You may send them a legal notice through a competent lawyer in Bangalore asking them to fix the issue on or before a set deadline and threatening them with further legal action in case of default. You may then lodge a written complaint with the State RERA authority and also agitate the issue before the consumer forum, in consultation with your lawyer.

Swaminathan Neelakantan
Advocate, Coimbatore
2263 Answers
20 Consultations

4.9 on 5.0

Mr Sastry would respond to your query 

 

you can also check the website for lawyers in Bangalore having good ratings 

 

obtain contact details  of said lawyer  online by doing google search . make payment for phone consultation through paytm or google pay if you are unable to pay on website 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

You can click at the icon of the chosen lawyer available in this forum to contact or consult with the lawyer of this forum, or if you would like engage the services of a lawyer from Bangalore or outside, you may have to look for one by yourself. 

You can alternately select the lawyer and find the details by google search and can opt for the payment for consultation by any other mode that would be feasible to you 

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

You can send legal notice from any lawyer. You can contact him through kaanoon website

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

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