Consumer court question raised for privity of contract

J Shah (Querist) 30 June 2018 This query is : Resolved
Builder 1 had redeveloped our building and agreed to provide me building on the same plot.
After we vacated our flat, He entered into development agreement with other Builder (hereinafter Builder 2) and he gave development rights to the said builder. he mentioned in the agreement that all the liability of old occupants will be of builder 1 and not new builder 2. he also mentioned a false statement that builder 1 has provided Alternate accommodation to old occupants (not True). Now at National Commission the new builder 2 states that there is no Privity of Contract between him and old occupants..
Can anyone help me on this topic.

I am Jay Shah (CA & CS) plus LLB 2nd year student

This was just a short summary of case for those who are removing their valuable time for social help out of their busy schedule.
Brief facts are as under

Builder 1 entered into agreement with my LATE grandmother, wherein he agreed to redevelop the property on the SAME PLOT and provide flat on 1st floor with block no 5
after we vacated our premises he also contracted similar agreement with occupants of adjacent plot/building.
He merged the two plots
He constructed a building on the rare side of the plot (back side) with no amenities as specified in the agreement.. no parking space.. no otis lift.. no play ground... and he shifted the old occupants with false promises, misrepresentation and threats to that building.. (he used very little space of the plot to construct this building for the purpose of leaving rest of the space for commercial purpose)
He also entered into development agreement with builder 2 wherein he transferred Development rights to the said builder to construct Hospital on the same plot.. then builder 2 constructed a hospital.
No consent were taken when the two plots were merged
no Consent were taken for change in development plan
we were not provided with flat on the same plot
we have not entered into any agreement nor accepted the said new flat on rare side of the building..

MY grandmother is expired
leaving behind a Notrised WIll on my favor

Q1. Builder submitted affidavit at Consumer Court mentioning therein that I have no right over the property
as agreement was with my grandmother and I have not submitted Probate for it??
Is Probate required
and is he justified in saying that I have no rights over the property

Q2. Builder 2 says there is no Privity of Contract between him and old occupants.

Thank you so much for your valuable time.. If possible support me with relevant case law and provisions..

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