• Builder obstructing wall chipping and electrical work

Hello

I had purchased a 3BHK flat at an apartment project in Bangalore in September 2016.
After 2 years of delay from promised delivery timeline I got the possession of my unit in October 2020.

Will all dues cleared I have completed the registration of the property as well in my name.

After following due process informed to me by the facilities team of the builder who are managing the apartment currently, such as filling up a form with the contact details of interior person, I started the interior work at my flat.

Note that the builder enforced us to provide a signed cheque of Rs. 25,000 as security, in order to be used in case any damage to the exteriors or common areas are done by the workers.

We provided this as well.

However, as soon as the work started at my flat, the facilities team is sending a team of guards on a daily basis to my flat and are harassing the workers such as carpenter, POP workers etc. And restricting them in doing anything.

I called the facilities manager several times asking him to make sure that the workers are not troubled, and the work is not being stopped.

Now when the electrical work is to be started, which involves:

1. Moving electrical points/switchboard
2. Creating new electrical points
3. Concealing cables for TV

The builders guards are coming and telling the electrician that they will not "allow" wall chipping.
I spoke to the facilities manager again, at length and asked him why this is, and he is telling me all reasons like it might cause trouble for you later such as seepage/voltage fluctuations etc.

I told him that I need to get these basic things done in order to fit my needs, and whatever precaution is needed I will ask my designer to take that. I told him to provide me with plumbing diagrams and details, to which they are saying they dont have.

Then i told them that it is my property now. And as owner i am entitled to do modifications as long as it is not causing any structural damage/changes or issues to any other residents.

I also told him that I am allowing you to enter my property to inspect and guide workers, and if you will obstruct the work like this repeatedly then i will not allow entry to your guards.

I know for sure that there is no technical challenge or limitation in doing the amount of wall chipping that we have planned in the design, since it needs only a few inches of chipping to conceal the cables.

I am also aware that few owners have already done this jn the past in their flats. After which the builder decided tonput guards whose sole task is to run to the flat wherever any drilling or machine sounds are coming.

Please suggest me if there is any legal help i shoulf take, and is my stand correct on this.

Please note that the Occupancy ceritificate for the project was receivd already in Feb 2020.
And the association of owners is not due to be formed till Jan 2021.

Thanks in advance for your guidance.
Asked 4 years ago in Property Law
Religion: Hindu

4 answers received in 2 hours.

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6 Answers

Dear Querist

immediately issue a legal notice to the builder and the manager for harassment and claim compensation, if they will not ready to stop their acts then you may file a civil suit for a permanent and mandatory injunction against them before the Civil Court of your area.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

1. You can file a Police FIR, requesting investigation and charge-sheet, for various offences like Trespassing, Threatening, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the relevant person/s, supported with all relevant supporting Documents, Evidences & Witnesses.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You are at liberty to carry out electrical fittings work and renovation work in your flat 

 

you cannot carry out any structural changes in the flat but you cannot be restrained from doing renovation of your flat 

Ajay Sethi
Advocate, Mumbai
96712 Answers
7795 Consultations

Dear Sir,

you have to get issue a strong legal notice and threaten to get injunction order against him and his supporters from entering into your flat. You can carry out the works peacefully.  Please Discuss.

Kishan Dutt Kalaskar
Advocate, Bangalore
6179 Answers
490 Consultations

This appears to be an act in excess of their position by the facilities manager.

He cannot prevail upon you or obstruct your plans to go for interior etc., especially in the arrogant manner he behaves along with his guards.

You can talk to the builder directly and ask him to instruct his staff to restrain from interfering in such petty issues  and not to disturb or obstruct the process of work going on. 

If they still continue to hamper the work you may issue a legal notice to them instructing them to refrain from interfering in your interior works failing which you would drag them to consumer forum or civil court for obtaining stay order against them. 

T Kalaiselvan
Advocate, Vellore
86913 Answers
2331 Consultations

you can approach the consumer court or police station depending on the obstruction by the builder.

Prashant Nayak
Advocate, Mumbai
32359 Answers
199 Consultations

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