Construction deficiency by builder

umesh HALKAR (Querist) 05 October 2023 This query is : Resolved
Sir,
I have purchased a site at Retirement township for senior person and entered in construction and Service agreement with builder and advance amount paid.

During construction builder intensionaly or by mistake constructed the foundation in centre of site and no sufficient space for car park.
2 when I noticed and objects then he agreed the mistake and agree to provide space for car park at nearby vacant site.
3.Now construction is completed and occupied by me since my urgency.
4. I not paid fully Almont to builder since he had nor provide the space for car park and NDC.
5 Since I occupy the house he had changed the monthly service charges and I m paying.
6. Now he has not yet provided the car park space and he assured he will provide orally. I asked an agreement but not yet prepared.
7.Now already 9 months is passed as per construction agreement.

8. I had issued notice my self Rs 9L as compensation for construction deficiency and he has not replied.
9 what is the best solution whether legal notice to be served
10. Builder doesn't have approval copy for Senior citizen township and gated community township. But RERA approved site
regards

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Quick Summary

A homeowner is facing issues with a builder who incorrectly constructed the foundation, leaving insufficient space for a car park. Despite the builder acknowledging the error and promising a solution, the car park space has not been provided even after nine months. The homeowner has withheld full payment and is seeking advice on legal recourse, including serving a legal notice or filing a case with the District Consumer Forum or RERA. They are also exploring a mutual agreement for shared car park space.

kavksatyanarayana (Expert) 05 October 2023
File a case against the builder in the District Consumer Forum. Consult a local lawyer.

T. Kalaiselvan, Advocate (Expert) 06 October 2023
You have two options :
1. To approach consumer commission with a complaint;
2. To give a complaint with RERA about the builder;
you can get relief from either of the legal fora

umesh HALKAR (Querist) 14 October 2023
Sir,
Now owner is prepared an mutual agreement to share space for construct car park with absolute owner forever .If absolute owner agreed then what type of agreement is required.

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