Hello People,
A new flat was booked on 3rd floor in G + 4 floor building and possession was given in 2011. The flat on 4th floor is a terrace flat and above the leaking bedroom, there's a open terrace attached to the 4th floor flat. Since 2011 itself, there was a leakage in the flat from the 4th floor flat. Builder was approached but, he refused to fix it. After builder refused to repair the construction defect, a consumer complaint against the builder was filled in 2013 before consumer forum. Later in 2015, builder formed a CHS.
Now the builder in his reply says that since he has formed a CHS in 2015, the office bearers of the society and the 4th floor flat owner is responsible for fixing the construction (Leakage) defect.
My query is,
Since leakage is a construction defect and a consumer case was filed to that effect (before formation of a CHS), how valid is the builder's stand that the society and 4th floor flat owner is responsible for fixing the defects?
