Legal Question in Real Estate Law in India

need help
brought a flat in Kolkata on 17th September, 2007, 3rd Floor (last floor). took possession on 25th, October, 2007. Noticed that tap has been given on the terrace i.e. my bedroom roof and also after that the other flat owner started using that tap on terrace for personal use daily. i objected to it but still no heed has been taken and its still in use. Roof is not water proof and chances of leakage, sepage is their this is what i have required from the developer. now my problem is what step should i take against this. one thing more is, regarding procession of tap on terrace, it is not mentioned in my agreement for sale. kindly help

Asked on 1/21/08, 12:11 am

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Re: need help

File mandatory Injunction suit against builder and user of tap.Also proceed against builder under consumer act.Consult a local lawyer with details.

Answered on 1/21/08, 10:27 am

Shrichand Nahar S.V.Nahar, Advocate

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Re: need help

If agreement is breached, you can cancel your agreement and claim your money with interest.

If tap on terrace is not authorized, you can complaint to municipal authorities and get is closed.

If both these things are not possible, you can have roof water proofed.

Answered on 1/22/08, 3:57 am

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