Substandard flat work
SATYA PAL SINGH
(Querist) 23 March 2015
This query is : Resolved
Dear SirS),
We have purchased flats. After taking possession,we came to know the various deficiency in construction.
The builder is not ready to attend these deficiencies on the pretext that these should have been pointed out prior to formal take over. The same was very difficult to check unless we started using the flat.
The builder now insisting to attend ourselves.
Deficiencies are like uneven floor level, water logging in balconies & bathrooms, elecric & phone wiring faulty.
Is there any remedy ?
Kindly advise.
Devajyoti Barman
(Expert) 23 March 2015
The builder is liable for the shortfalls in the flat.
You can file case in the consumer forum for getting these done and for damages as well.
malipeddi jaggarao
(Expert) 24 March 2015
Normally the solutions for such type of problems have to be enumerated in the Sale Agreement/Deed. Go through the contents. You have a fit case to seek redress through consumer forum pleading deficiency of service.
Rajendra K Goyal
(Expert) 24 March 2015
Send notice to the builder for repairs. If not adhere, file consumer complaint.
ajay sethi
(Expert) 24 March 2015
you can move consumer forum against builder to rectify defects in quality of construction . builder is bound to rectify the same
Kishor Mehta
(Expert) 24 March 2015
Sir,
[1] The builder is liable for the deficiency in the construction work.
[2] You may approach the Cosumer Forum for the redressal of your grievances.
[3] The time limit is within two years from the date on which the cause of action arises. This would mean two years from the day the deficiency in service or defect in goods has arisen/detected.
[4] If the time limit expires but you are still able to satisfy the Forum or Commission about the reasonableness in the delay, your complaint can still be taken up. However, the delay for every single day has to be explained.
Good Luck,
Kishor Mehta
T. Kalaiselvan, Advocate
(Expert) 27 March 2015
Well advised by experts above, you may first issue legal notice to the builder seeking him to make good the deficiencies pointed out, if it fails to invoke any response, you may approach the local consumer forum for relief and remedies.
Jeetender Gupta
(Expert) 12 May 2015
Please note that the limitation period for consumer protection is 2 years. so when cause of action was initiated (deficiency observed), you must approach the forum within 2 years thereafter. After the time period lapses, forums might not condone delaye / entertain complaint.
