Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Vivek   04 November 2015

Cheated by builder

Dear Sir,

Last year I bought a flat from one of the builder in chennai. At that time i asked for water test report and they gave me one. Recently I found tht the report they had given is not the from ground water taken from the site, but the outsourced water they bought for construction. Now when I tested the ground water recently, I found that the ground water was of very bad quality. when i asked the builder, they say, that the water was good last year and it turned bad this year (which was a false statement, the water was not good last year too, so only they bought water from outside to construct.). still they have not handed over the flat. can you please let me know whether it is their responsibility to correct the water quality ? I need to spend min 1 lakh to put RO system as the water is not at all consumable. i feel cheated. i paid all my savings and bought this flat. please let me know whether i can face them judicially.

Thanks and Kind Regards,

Vivek

 



Learning

 7 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     04 November 2015

Sir,

 

I mean if they have mentioned about the water quality in their agreement which they have entered with you, then it becomes their responsibility.

 

Warm Regards

Kapil Chandna Advocate

9899011450

Vineet Sharma   04 November 2015

In case you have proper docs to defend your stand you can file consumer complaint against the builder.

Anand Bali Adv. (Advocate Solicitor & Consultant)     05 November 2015

I doubt about any quality calim which can arise out of their service contract which held oposit party as to their default in service as there is not clause in the agreement to sell between the parties or the party later on has raised the issue individually in writing to get the clause be included in the agreement sating so.


(Guest)

document all converstaion.possible keep them at email level to be submittted as  a PROOF.  report this to CREDAI and initiate a consumer court action..i could only see yu will eventually get a RO plant installed at your own expense, but just that try to get it claimed in other means of decifiency from the court.

1 Like

SRISHAILA.DHARANI (Advocate&consultant)     05 November 2015

It amounts to deficiency of service and also cheating. Pls file a complaint in the consumer court against the builder after ising a legal notice to him.

1 Like

Vivek   05 November 2015

Dear Lawyers,

        Thanks a lot for your replies. Points I have in my favour :

1) Builder's water test report given last year (which was fake)

2) Neighbour's statement who say that the water is not good for many years

3) Builder last year said that he cannot put bore well(to hide the truth) this year they put borewell before 1 month. builder says that last year they could not put borewell but they could put borewell this year. i am not able to understand that.

4) site engineer statemet that water was not good from beginning.

please let me know how to approach consumer court.

 

Thanks and Kind Regards,

Vivek

Anand Bali Adv. (Advocate Solicitor & Consultant)     05 November 2015

Dear Mr Vivek,

Have ever the builder has mentioned in the agreement that he will provide a potble water toall the residents? Has he submitted the water report to you in responce to the your enquiry for the potable water avilability at your would be residence cn he not submit that the report which he has submitted was of the water which was being used for the building construction purposes only and is nothing to do with the liability of providing a potable water to the residents of his building flats.

Please try to hit the core issue of the problem that how you will establish that potable water provision was his part liability as per the agreement clause? Merely getting a water report with out showing its purpose how you can relate this by the liability of availability for potable water to the Builder? Pl write a PM to me in this regard I shall advise you properly, court do not give its decisions in the air, please note. 

 


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