Apartments - builder vs owners
gk
(Querist) 12 February 2024
This query is : Resolved
Dear Sirs,
Greetings.
On behalf of the Apartment Owners Association, we have asked our builder the following docs associated with our apartments building
1. All the electrical drawing/diagram submitted by the builder to the elec board and their approval
2. All the structural drawings submitted to the municipal authority and their approval
3. All the water piping/ connections drawings submitted and the approvals
4. All the interior and exterior painting details of the building in which Asian Paints provided a 10 yrs warranty for the painting as we understand from the manufacturers rep.
5. Relevant drawing and approval of Sewage Treatment Plant.
6. All the submitted and approved drawing/diagram of the Fire & Rescue eqpt system installed and approval docs
7. All the relevant diagram drawings and docs of Rituculated Piping system installed for LPG supply to the entire flats
etc.
But the builder is not interested to handover most of the docs. They have informed us that the drawings and diagram of electrical connections, gas connections, structural premise diagrams/drwgs, water piping etc. are not available and so can not handover!!!
Among the other docs, painting has been done by subcontractor and so the details are not available. If reqd some of the Bill's or invoices can be arranged but not all the full details. On Warranty part, the builder is not aware of that and informed no warranty on painting or paint products. ...........
Their response is in such a style as mentioned above.
So, our query is whether as Owners Asdociation we do not have rights to ask and have those important docs mentioned here s above? If they are denying, what sort of step we can take to have thos docs? RTI will help us ? Or on legal point of view, what can we do here? From which Govt. authority, we will get supports on this regard?
Anticipating your valuable suggestions/advice.
Thanjs
Regards
gk (from Kerala, our Association is regd under 1861 Society Act)
T. Kalaiselvan, Advocate
(Expert) 13 February 2024
The apartment owners association, if it is a registered body, can sue the builder demanding production of the requested document either through civil court or through consumer court
Hence the RWA may discuss with an advocate and proceed legally against the builder to procure them
kavksatyanarayana
(Expert) 13 February 2024
Yes. But did you or the other owners check these details carefully before handing over your flats? Any defects in construction with all the amenities as said by the builder noticed? You consult an advocate to issue a legal notice to the builder to handover the documents/papers otherwise proceed legally in court.
gk
(Querist) 15 February 2024
Respected Kalaiselvan Sir and Satyanarayana Sir,
We have registered our Association under 1861 Society Registration Act (Kerala). The common area of the premise (including land and building) will be registered in the name of Association in the next week. Its approx 1.9% of the total.
At present we do not have any major defects noticed in the building other than Painting, especially internal painting is not satisfactory. The Asian Paints product used for the interior if the entire building is such a product even Asian Paints themself is not providing any warranty. Simply, they used a product of substandard or a product among "no warranty oroducts" list. That's why we have asked the details of the painting activities.
And all other docs mentioned in my queries are the relevant docs we required for any future reference only.
Piping, electrical, structural etc.etc. - drawings, approval docs etc. etc.
Whether we do not have any rights to ask those docs to the builders?
Whether they can simply tell to the Association with an answer "those drawing/docs are not available with us" ?
Is there any law states that "any major issues encountered/observed by Association like any damage, repairs, defects etc. of the building, is the only reason we can ask those docs mentioned in my queries from the builder?
Whether to provide those docs as per our rights and requests are only as per the Builder's descretion?
These are the questions still to be clarified.
Thanks
Regards.
