Is Builder responsible for external walls repair if OC is not given and CC is available only till 4th Floor

0 votes
I am Nitin Nalawade from Mumbai. Can you please help me in getting
clarification for below query?

We have 7 flour building having cooperative housing society since
2008. The building is occupied since 2006. The CC is available till
4th floor only and OC is not received for the building.
The building has developed external cracks and due to which my flat is
having severe problem of water leakage during rainy season. Whatever
internal repairs, painting I am doing it is going waste. Similar
problem is faced by another flat owner also.
We have given written complaint to the Society secretary so as to
initiate necessary repair action i.e. Crack filling and painting on
the outside walls. However, majority of other flat owners are not
ready to bear the cost i.e Usage of available Repair fund or
collecting additional funds if required for this work. They are saying
this work should be done by the builder. We did some verbal follow up
with the builder but builder said he is not responsible for the
repairs of the external cracks.

I would like to know is builder liable to these repairs legally as he
has not given us CC and OC? If yes what action we should initiate. If
builder is not responsible then how to convince those flat owner who
are not facing water leakage so are not interested in resolving this
issue as it is not affecting them as of now.

My issue is not getting resolved for the past 3 years.

Can you please suggest me suitable action in this regard?

Thanking you in advance

Yours faithfully,

Nitin Nalawade
Mobile - 9833059211
asked Jan 6, 2014 by nalawani (120 points)

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