Complaint Details

Status	:	Closed
Complaint No	:	0015115/2014
Category	:	Non-Compliance
Date	:	28-02-2014
Subject Line	:	Refusal of permission to take corrective action
Complainant	:	Mr & Mrs Swami
Address	:	S071103 Smondoville, Neotown, Electronicity Ph1, Bangalore 560 100
Complainee	:	Patel Realty India Ltd
Address	:

Complaint Details
11th Floor Apartment owners without roofing slab on Terrace
Mr & Mrs Swami S071103 3BHK+T
1. At the time of booking we were not told by the sales executive (Mr Neel Patel in our case) that the 11th floor terraces will be lacking a roofing slabs.
2. We all have paid a high premium for the privilege towards floor rise and extra terrace space.
3. However we find that during monsoon season the room next to the terrace gets damaged badly due to rain water. The damage is quite considerable if the apartment is left locked up/ unoccupied for any length of time during the rainy season.
4. Due to the height of roofless terrace (7M or 23 feet) the force of rain is intensified and all the water falls directly on to the terrace floor and door. As the drainage is not adequate for a open terrace - wrong slope in some cases – rain water fills almost up to the 5” parapet level and gets into other rooms through the gap under the door causing considerable damage to the painted walls and costly furniture. The wooden door and the frame are not at all suitable for direct exposure to heavy rain - they get swollen making it impossible to open or close.
5. In our opinion this is a design fault and considerable damage to the apartments can easily be prevented by PRIL by installing suitable roofing slabs for all such terraces. It must be carried out as first priority in order to stop further weather damage – reducing complaints and easing some pressure for the maintenance team.
6. As we know by now, PRIL is very slow to respond to any such practical commonsense issues and even if they are prepared to correct the design mistake, it may be too late. It is owners’ duty and responsibility to look after their property and must take timely action.
7. With this in view we have decided to construct a temporary but very well designed roof for our terrace at our own cost, as an interim measure protecting our property. We have written to Mr Neel Patel requesting permission with an assurance that the temporary structure will be removed as and when PRIL provides adequate protection – hopefully better than ours. So far I have received no response from Mr Patel.
8. We are both retired - NRIs from London UK and spend 6 months Nov to Apr every year in India. As we keep the apartment locked up and left unoccupied rest of the year, it is very important in our special circumstance that we get this matter settled urgently. Of course, as we all know, there are several other ongoing common issues needing immediate attention, however, those are unlikely to cause any collateral damage and will be sorted one at a time soon after the formation of residents association.
9. We will appreciate any feedback/comment from apartment owners similarly affected.
Uma & RamaSwami umaram112@yahoo.co.uk 080 4935 0144 / 991685 4960
SUB STANDARD WORK:
• In one of its judgment the Supreme Court of India has held that if a builder uses sub-standard material in construction of a building or makes false misleading representations about the condition of the house then it is denial of the facility or benefit of which a consumer is entitled to claim value.
• In cases where the end product delivered to the allottee is of substandard quality the allottee has the remedy to file a consumer complaint in the consumer forum against the allottee for deficiency in services. In such cases the consumer forums have ordered the builders to remove the defects and also pay compensation to the allottee. The allottee also has an option to file a civil suit against the builder claiming damages for breach of obligations.

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