deficiency in service

S Ramanathan (Querist) 08 November 2009 This query is : Resolved
I took home loan from a NBFC. Tehy were hand in gloves with the builders. Did not inspect and made a bogus valuation report.
Now Municipality issued demolition order for 100% deviation in FSI. O.P says no violation was noticed during their inspection. Mine is a flat in third floor and if no violation found during inspection, it is not possible to build extra portions without edifice.Please advise if it amounts to deficiency in service.Can anybody advise me as to any precedent etc available. Thanks.

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adv. rajeev ( rajoo ) (Expert) 08 November 2009
From ur querry it is clear that only to earn the profit builder has played unfair trade practice with you.
Hence it comes under the consumer protection act. U can file a consumer complaint againt the builder.

PJANARDHANA REDDY (Expert) 08 November 2009
RAJEEV SUGGSTION IS FOLLOWED

Dr.Anjani Kumar Vaidyasen,09431271130,Patna (Expert) 08 November 2009
In this case ur builder cheated u knowingly and acted fraud with u so that u can go the criminal court for returning of money including cost in the case.

Raj Kumar Makkad (Expert) 08 November 2009
There are various citations of National Consumer Commission as well as Hon'ble Apex Court of India wherein such builders responsible for such grave deficiency of service have duly been punished and the interests of the consumers have been protected/duly compensated.

Jithendra.H.J (Expert) 08 November 2009
yes! it is deficiency in service, it appears that you already approached the consumer forum, and you can also file criminal complaint as suggested by the Dr. Anajani