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himanshu (NONE)     08 January 2010

compensation for faulty construction

Hi ALL, I have recently purchased 2bhk  luxurious flat in Ahmedabad,Gujarat which cost me 26 lacs .  The problem started when I got the possession. The flat is not as good as sample flat which builder show us at the time of purchased. Plus all walls in the flats are not properly shaped. In one bedroom when carpenter fitted a 6 fit rod above on bedroom’s window, it clearly appeared that the wall is not even straight. Instead of straight wall it is slightly curved. Another big problem I have found is seepage. There are clear big patches of wetness of water on the wall which shouldn’t be there in newly constructed house and it really looks ugly.

I would like to claim compensation for this faulty construction. Kindly let me know the process to be followed to claim this compensation, and any reference if anyone else got compensation in same case before…
Thanks


Learning

 9 Replies

shamina sayed (Advocate)     08 January 2010

dear,

you can file complaint in cunsumer forum against the builder.if you want to escape the situation,then one best solution is wait for some thime and sell the flat as soon as you get good money.or may be at no profit no loss.

himanshu (NONE)     08 January 2010

Dear Shamina,

Thank you very much for your advise, escaping from the situation is not a good idea , but your second idea was really good and i am seriously thinking for approaching consumer court. Just not able to understand which points I should highlights for getting their attention.  

Adv Archana Deshmukh (Practicing Advocate)     08 January 2010

In the complaint, describe in detail the faults in the construction along with the photographs initially. An expert's report may be required afterwards. Also describe what promises were made by the builder and how was the sample flat and how it is different from the flat given to you.

(Guest)

Get an expert report from a structural engineer.

himanshu (NONE)     08 January 2010

Hi Archna Thank u for ur advise and i am surly looking fwd. to this.thanks again.

himanshu (NONE)     08 January 2010

Hi Anil, thank you and i hv already started to find structural engineer. Thanks.

kranthi kiran (Works In Judicial Department)     09 January 2010

With the help of  engineer, draft the variations from the standards promised to you. File  a complaint in the consumer forum for the damages for deficeincy in service. Even the Consumer Forum has the power (on your application) to appoint  an architechct as a commissioner to inspect and file report.

himanshu (NONE)     09 January 2010

Oh grt kiran thanks it's really grt to know that even consumer court can appoint ar'tech for me.

DR.SANAT KUMAR DASH (Eye Specialist)     10 January 2010

 FILE     A  CASE  IN  THE  CONSUMER  REDDRESSAL    FORUM    WITH  THE   HELP   OF  A  EFFICIENT  LAWYER  IN  AHMEDABAD.


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