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Poor construction

(Querist) 10 May 2020 This query is : Resolved 
Hi,

I am Mahesh. We reside in Hyderabad in the state of Telangana. We bought an individual constructed house from a local builder in the year 2018. From outside the house looks good. We enquired with the builder about what materials we used in construction. He showed few raw materials lying around the construction as used materials. But within few months after moving into the house, we found that the building construction was not done properly. Cracks were seen and also the floor which is of marble is going inward into ground. The compound wall was so weakly consurted that in an month it had to be build with support pillars(which the builder said will be the last renovation that is on him). When we ask about the floor and cracks, he says it is not his problem anymore. Is there any law under which he is liable to repair or atleast compensate us.

Please give a solution and suggestions are also appreciated.

Thank you
P. Venu Online (Expert) 11 May 2020
Yes you have the option to approach the consumer court or the civil court at your discretion.
Raj Kumar Makkad (Expert) 11 May 2020
You need to have the report of a civil engineer who shall affirm about the situation prevailing there and thereafter you need to serve a legal notice to the builder in the light of said report and thereafter you may opt either of the 3 options:

1. Filing a complaint before Consumer forum

2. Filing a complaint before Real Estate (Regulation and Development) Act (RERA)

3.Filing a Civil Suit
Rajendra K Goyal (Expert) 11 May 2020
Moving to Consumer forum can be first option.

Second option is to move RERA, which has emerged as good platform for such disputes.

Third option is moving to Civil Court, this can be time and cost consuming.
kavksatyanarayana (Expert) 11 May 2020
you have to move to District Consumer Forum to file a case against the builder.
Guest (Expert) 12 May 2020
Precisely and Excellently Well advised by Senior Expert and the Top Most and the Best in Hall of Fame Mr.Rajendra K.Goyal Your Sportive Nature also very much appreciated.. All the Best. Keep it up. Congrats.
Hemant Agarwal (Expert) 13 May 2020
1. Builder is legally liable to make good any structural construction defects upto 5 years.

2. Issue Legal Notice to Builder to rectify construction defects and on his failure, file grievance petition against the Builder /Developer, in the local Consumer Court, for their illegal trade practice, negligence, deficiency, harassment, intimidation, cheating etc.... with proper documentary evidences and you can claim damages /compensation & interest on your investment, and for your physical & mental trauma.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Rajendra K Goyal (Expert) 15 May 2020
Send legal notice to builder and proceed with the case in any of the forums advised before.

Mahesh Babu (Querist) 06 June 2020
Thank you for all your suggestions.
1. I would like to ask what kind of documents of evidents are required to legally proceed.
2. The builder might say he will repair the damages, but I don't want that. As it might not stay intact as the soil on which the home is built is not hard, with time it seeps in. How to over come this situation.
3. How much compensation can be expected as the construction of the home is poor and it has to be built from scratch again. We bought the property for 28 lakhs in 2018.

I hope to see the same response received earlier.

Thank you
Raj Kumar Makkad (Expert) 06 June 2020
1. The documents of the purchase including agreement, sale-deed, mutation, site plan, possession letter and subsequent evidence showing damage to the house may those be video, oral evidence, documentary evidence by way of a certificate of any expert etc.

2. You should stick to your prayer. Builder shall also put his case.

3. We personally don;t know, how much is the damage and how much amount is required to make the house as per agreement so no comment on this point.
Rajendra K Goyal (Expert) 07 June 2020
You said:
1. I would like to ask what kind of documents of evidents are required to legally proceed.
Reply:
Some expert opinion, preferable from some engineer from Government department, estimate for repairing with related documents of purchase are required.

You said:
2. The builder might say he will repair the damages, but I don't want that. As it might not stay intact as the soil on which the home is built is not hard, with time it seeps in. How to overcome this situation.
Reply:
If you are able to prove that mere repairing would not be sufficient, court may order for structural changes if problem is due to structural defects.
Rajendra K Goyal (Expert) 07 June 2020
You said:
3. How much compensation can be expected as the construction of the home is poor and it has to be built from scratch again.
Reply:
All depend on the case and the court.

Raj Kumar Makkad (Expert) 07 June 2020
Both parties are provided ample opportunities to prove the case based upon evidence of all types and whoever succeeds in convincing the court by way of the evidence and law on the subject, gets success in the case.
Rajendra K Goyal (Expert) 07 June 2020
The Author may approach RERA or the Consumer Forum for claiming the relief.


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