Legal Question in Construction Law in India

A builder before he hands over a multistoried building to an Association of owners of individual flats gets a certificate of completion from CMDA that

the specified rules of construction has been complied with. Also the owners take over their individual flats signing 1.that on date they are satisfied with the facilities provided. 2.that they will not make the builder accountable for any deficiencies other than the facilities that are on maintenance contract like lifts, fire fighting equipment etc. The association of owners declare that it is not responsible for deterioration of internal conditions of individual flats but attend to exterior common defects.

Invariably the flat owners see their ceiling become wet sooner or later due to water from floor above finding other ways to get drained instead of the normal outlets. The civil engineers attribute this to less resistance offered by the flooring due to improper water proofing of the floor above. In such cases can the owner affected by water seepage claim the owner above had to take the responsibility to stop such things? Not bound legally the builder or the association only gives his expertise to solve the problems.

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