Remedy from Builder for breach of contract

vikash (Querist) 27 July 2010 This query is : Resolved
We booked a flat with a builder. The builder showed a plan for construction of 8 floor building. subsequently the builder changed the plan with any intimation and started construction of 11 floor building. This has caused delay in completion of construction.

what remedy is available to us.

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Daksh (Expert) 27 July 2010
Dear Vikash,
Immediately put the builder to legal notice and if the circumstances so require terminate the agreement/seek damages in consumer forum by moving appropriate pleadings.

Best Regards

Daksh

S. Bharath (Expert) 27 July 2010
Before getting into action including what has been suggested by Daksh, it is also worthwhile to ascertain whether the extension to 11 floors will diminish the UDS available to an apartment owner as against the original plan of 8 floors. If the answer is yes, then your case is still stronger.

J. P. Shah (Expert) 27 July 2010
You can invoke Consumer Protection Act 1986 against builder. Please contact advocate.

s.subramanian (Expert) 27 July 2010
yes. i agree with bharath.

vikash (Querist) 28 July 2010
What is UDS?

vikash (Querist) 28 July 2010
Would you please advise any good lawyer

Guest (Expert) 28 July 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE 9271971251, 9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

1 YOU MAY FILE A COMPLAINT TO THE DIST.CONSUMER COURT MENTIONING ALL FACTS AND CLAIM FOR DAMAGES/ COMPENSATION.
2.BUT IN CASE YOU NEED A COMPREHENSIVE RELIEF AND CANCELL THE AGREEMENT AND GET THE REFUND OR STOP ANY ADDITIONAL CLAIM OF BUILDER THEN IT IS ADVISIBLE TO FILE A CIVIL SUIT IN THE CIVIL COURTS WITH THE HELP OF LEGAL EXPERTS
GOOD LUCK.

Chanchal Nag Chowdhury (Expert) 29 July 2010
First- confirm whether the additional floors are legal. If so, if U have any objection to the additional floors, file a suit with both the builder & the sanctioning authority as parties.

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