Harrasment of the builder

sudhakar s. yeradkar (Querist) 23 December 2015 This query is : Resolved
Respected Sir,

One of the reputed builder in Mumbai has constructed one building of 225 flats and given unofficial possession (Without O.C) to flat owners since 2013. The corporation has not given Occupation Certificate to builder till date.

We all residents are facing water problem i.e no sufficient water supply into our flats as well the lift provided by builder is not working properly and there are chances to occurred accident of any person at any time.

We approached to the builder several times but he is not responding in proper way and just making falls commitment and not doing anything.

Last week the builder told us that he doesn't have sufficient funds so the residence should provide finance to him to get the lift and water work done.

We seek your proper guidance on above and would like to know for water & lift issue to whom we should approach etc, so as to initiate action against the builder.

Waiting for your earliest reply.

Thanking you,

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Guest (Expert) 25 December 2015
Do you have residents welfare association?if yes Okay .if not immediately from and register it. Meanwhile you have no option but to pool money and get lift repaired.

Please dont expect anything coming out of legal action any too soon.This is India. If law were working fast and fair 80% crimes and scams would not happen.

Your story is almost story of every 3rd builders. I am afraid but large number of them are just cheats and non professionals who came here to make fast money.

People should buy from good reputed houses only.

regarding water supply, if it is public supply meet ex en concerned of department and give complaint . if it is tube well and self managed I am afraid your association has to take action here too.

Unfortunately real estate regulatory body is still not in place.

Consult a local good advocate and file suit against builder for compliance to norms promised and to recover expenses on repair and damages to all residents.

Adv. Yogen Kakade (Expert) 28 December 2015
Hi,
It is illegal to give possession of flats before obtaining the O.C.
Secondly, you can certainly take a legal action against the builder.
You won't be able to form a society as you don't have a O.C.

T. Kalaiselvan, Advocate (Expert) 03 January 2016
It is the duty of the builder to procure the OC of the constructed flats. It is also his duty to provide maintenance for two years after procuring OC. It becomes his duty to provide amenities like water supply and lift etc.
He my be dragged to consumer forum for deficiency of service.

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