Construction defect

First get it repair for leakages. then you can file damages from the builder for loss of expenses for leakages etc.

I am really thankfull for your valuable reply sir, I am very much assured that compensation will be awarded to me by hon'ble forum. but my major concern is the flat owner staying below my flat whose ceiling is still leaking even after doing every thing within my stretch to resolve her issue. I am only afraid of the complaint that she is going to file against me.

As a flat purchaser you all need to get unite by forming a society and file the consumer complaint against the builder jointly towards deficiency of services. you need to appoint the architect on the panel of municipal corporation for inspecting the building and submitting its report.

Regards

Adv. Rohit Dalmia

9324538481 

You have been staying in your flat since June, 2011. The lady below you came to the flat in 

You occupied your flat in June 2011. The lady on the lower floor came to her flat in April, 2014. Was there no one in the lower floor flat from 2011 to 2014? If there was anyone staying there below did he or she had no complaint? During the 3 years did you do anything which could have caused the leakage from your flat to the lower flat. Anyway you do not have to be afraid of police, municipality etc. They can do nothing. Why a co-operative society has not been formed? In Maharashtra when the builder sells flats and when the number of flats sold becomes equal to the minimum number required to form a co-operative society the builder has to initiate action to form the society with himself also as member with regard to unsold flats. Otherwise, besides action against him, he shall be responsible for all actions to be taken by a society if such a society had been formed. Hence he is responsible for the leakage from your flat to the flat below also unless he can show that you had caused the leakage.

The lady below your flat can also file a complaint before the consumer court and both your complaints can be combined. You can also organise all the flat purchasers together and take action to form co-operative housing society and to take action against the builder for his failure to form co-operative society.

april