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Query about Consumer Redressal Forum?

(Querist) 13 August 2008 This query is : Resolved 
Hi Friends,

I purchased a flat (to be newly constructed) from a person (who is a Power Agent) by entering Sale Agreement for 1/6th of the land in July 2003. To satisfy one of the conditions in the Sale Agreement on the very same day I entered into a Construction Agreement for a flat of 1250 sq.ft. for a total construction cost of Rs.12,00,000/- with a partnership firm belonging to his family. As per the Construction Agreement I should pay the construction cost in installments based on the progress of the building and the contractor was supposed to complete and hand over the flats in 18 months from the date of agreement. In three months time I got the land registered in my name by paying full amount for the land. After that, though I became owner of 1/6th share of the land by virtue of the Registered Sale Deed, while applying for building approval only he signed in the place of owner without getting my consent. Subsequently he formed another partnership firm and entrusted the job of entire construction to that firm without my knowledge. While on construction they made lot of violations against the approved plan and building rules (I got the copy of the approved plan and the notice issued to the new builder by the local body using RTI Act). As a result they could not complete the construction. More over the construction is not done by the contractor with whom I signed the construction agreement. Can I approach Consumer Redressal Forum against him? Who are all to be made as parties of offenders?

Thanks!
Srinivas.B.S.S.T (Expert) 14 August 2008
Sir have you gone through the Development agreement before signing that? If that agreement empowers the developer to sub lease the contract to any other developer then you cannot blame him for handingover the construction contract to another builder. But as you have the violations and the notice issued to that effect in your hands you can approach the consumer forum seeking redressal of your grievance. If you want any further clarification you can contact me at s_bsst@yahoo.com or can call me at 94401-20259
Nirmal Joseph (Querist) 16 August 2008
Hello Mr. Srinivas,

Thanks for your response! Yes, I went through the Sale Agreement and Construction Agreement. There is no provision for either of us to change the contractor.

Nirmal
Srinivas.B.S.S.T (Expert) 17 August 2008
For seeking redressal of your grivance you can approach the consumer forum. The act of the contractor clearly comes under the ambit of defficient service. You have to make the managing partner of the firm also as a party to the complaint an please do state that the entrustment is in violation of the agreement between you and the contractor.
Nirmal Joseph (Querist) 21 August 2008
Thanks Mr. Srinivas, for your valuable suggestion!


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