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mudy (owner)     28 February 2014

Complaint against builder

hello every one

 

we have given our house for reconstruction to the local builder and its been 2 years we didnt get the possession, and only half of the work is complete. we are living on rent.

 

In against of the construction we have to give the builder second floor. 

 

we have requested him numerous of times to complete the work but he is not ready to here .

 

what should we do ? please help



Learning

 15 Replies

T. Kalaiselvan, Advocate (Advocate)     28 February 2014

Issue him a lawyer's notice demanding compensation for the loss incurred due to his inefficiency to complete the construction on time and also change the builder, engage a new one, make an agreement with him on the basis of the present atmosphere/circumstance and proceed.  If the old builder is not replying or denying your demands, you may drag him to the consumer forum  for deficiency of service and can claim damages for the same.

mudy (owner)     28 February 2014

in the agreement  we did with the builder ,the date of completion is not mentioned . and how will a new builder will agree to do work after hearing the dispute.

mudy (owner)     28 February 2014

and what do we do if he try's to threaten us .

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     01 March 2014

send a legal notice and wait for their response, accordingly you can proceed to the consumer forum for filing a case against builder.

mudy (owner)     01 March 2014

Thanks for your reply . Please tell me what evidences would help me. In consumer court.

Shivesh Sinha (Legal Adviser)     27 March 2014

Dear Mr. Mudy,

I have perused your query & grievances as against the Builders, with whom you have entered in to an agreement for reconstruction of your house at their cost and as its consideration you are to give 2nd floor of the house to them.

Your problem is that the said agreement does not say any thing about the period by which required construction is ought to be completed and even after lapse of 2 years from the date of agreement the assigned construction is not completed, rather only half of the assigned construction is made so far [as per you].

Also, as per you; being so the stage of assigned construction, you are compelled to bear with payable house rent for your dwelling purpose for last two years.

 

Under facts & circumstances, being understood by me, as above; I do comment the followings for your purpose :-

 

a)  The execution of said agreement does not open a space for you to have your locus standi as a CONSUMER to enable you to take shelter of Consumer Court.

b)  It is the case of breach of contract, if any; based on the terms & conditions of the Agreement entered between you and the said Builders. 

 

My Advise :- 

A)    Please seek appropriate legal assistance / advise of a competent Advocate, dealing with civil cases at your end for an exact recourse for redressal of your grievances.

B)   In my view, You may take shelter of LAW under the provisions laid in THE SPECIFIC RELIEF ACT, 1963 for SPECIFIC PERFORMANCE OF CONTRACT in the learned Civil Court of your area.

C)   In no manner you are entitled to get any relief in the matter by the Consumer Court, which please note, as such you do not stand within the legal ambit of the C.P.Act, 1986 as "CONSUMER", which please note.

Hope, my above response meets with your satisfaction in the right direction for seeking legal remedy from this FORUM, i.e; "Lawyersclubindia".

Any way, feel free to seek further advise, if still you require and for which you may approach the undersigned through the website, noted below, which provides legal solution/advises pertaining to consumer disputes.

Thanks,

SHIVESH KUMAR SINHA, Advocate

Legal Adviser - www.powertoconsumer.in

 

mudy (owner)     27 March 2014

sir, (Shivesh sinha)

 

i would to like to add some mistakes done buy us in our agreement .

 it  was signed  on 4 april  2012

1. date of completion not mentioned .

2. amount of rent not mentioned.

3. we are  bound to to sign the sale deed of second floor after the completion of second stone work      (which is completed). 

4. if  the dispute is created by us then we have to pay the double amount of the amount spend till date .

5. we don't have the orignal  signed document . we have the photostat.

6. there are no witness in the copy we have , it just  has a notary stamp of a lawyer .and sign of my parent and builder .

mudy (owner)     27 March 2014

sir, (Shivesh sinha)

 

i would to like to add some mistakes done buy us in our agreement .

 it  was signed  on 4 april  2012

1. date of completion not mentioned .

2. amount of rent not mentioned.

3. we are  bound to to sign the sale deed of second floor after the completion of second stone work      (which is completed). 

4. if  the dispute is created by us then we have to pay the double amount of the amount spend till date .

5. we don't have the orignal  signed document . we have the photostat.

6. there are no witness in the copy we have , it just  has a notary stamp of a lawyer .and sign of my parent and builder .

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     30 March 2014

You can certainly go to the Consumer Court. Attach with your complaint copies of whatever supporting documents you have. As regards documents which you do not have, you file affidavits. If the Opposite Party, the Builder here disputes your statements/affidavits, he will have to file his opposing stand with documents and affidavits. If neither of you have critical documents the court will decide what order to give.

Vikalp (Manager)     28 October 2014

Dear Sir/Ma'am,

 
In November 2011 we booked a house with at reputed builder with payment of 10% and in August 2012 we signed a agreement and paid 10%. In early 2013 a dispute arises among the partners of the builder and they filed a case in Company Law Board. The Builder didn't gave any date of completion of the project but linked it to excavation which didn't started.
 
See the clause written in agreement: -
Inline image 2
 
In mid of 2013 to mid of 2014 we followed up with the builder for the status of the project but we didn't receive any thing from the builder. 
From March 2014 we started sending them letter through registered post to know the status of the project in writing but we didn't get any reply from the builder.
 
Now we are thinking about filing a case against him in the consumer court.
 
Please help us in getting our money with interest from the builder.
 
Inline image 3
 
Regards,
Vikalp Maheshwari

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     04 November 2014

The dispute between partners is something that has come to your knowledge. Has the builder written to you about it as reason for his non-performance? You file a complaint before the consumer court without reference to the dispute and such matters.

Nitish Banka (lawyer)     04 February 2018

If you are a flat buyer and still waiting for possession of your dream flat and there has been years of delay now. You are also paying Rent and EMI you are financially drained and want to get out of the mess. Read this article and get out of mess without high legal fees.

Nitish Banka (lawyer)     31 March 2018

Posted by: Nitish Banka  Categories: Uncategorized 
 

 

If you are a flat buyer and still waiting for possession of your dream flat and there has been years of delay now. You are also paying Rent and EMI you are financially drained and want to get out of the mess.

One option is you go for legal remedy in court of law RERA or consumer forum individually which will again cost you more and more money and also time. This is an old technique which many people are using.

Image result for builder complaints

Other option is you search for other people like you and you will find around 100-200 people who are affected by false promises made by builder.

But how this is going to help you…

If you form a group of at least 5-10 people to start with. You can initiate a legal proceedings against builder in NCDRC consumer forum under 12(1)(C) of consumer forum

Again a legal proceeding I don’t want to get into all this…

Well this is a different procedure here you file a case in a group like 5-10 people.

What about legal cost?

Since you are filing a single complaint against builder so cost factor is minimum as compared to individual complaint.

Like individual complaint cost increases as your case progresses in this case the legal cost reduces as more and more people become part of the complaint.

Is it effective.

Since may people will join for a cause it is an effective way to put pressure on builder to settle as number of people are bound to increase as case progesses.

This way at low cost you will get effective remedy.

to know more just mail your query at nitish@lexspeak.in

Adv. Nitish Banka

9891549997

Nitish Banka (lawyer)     12 April 2018

Posted by: Nitish Banka  Categories: Uncategorized 
 

 

If you are a flat buyer and still waiting for possession of your dream flat and there has been years of delay now. You are also paying Rent and EMI you are financially drained and want to get out of the mess.

One option is you go for legal remedy in court of law RERA or consumer forum individually which will again cost you more and more money and also time. This is an old technique which many people are using.

Image result for builder complaints

Other option is you search for other people like you and you will find around 100-200 people who are affected by false promises made by builder.

But how this is going to help you…

If you form a group of at least 5-10 people to start with. You can initiate a legal proceedings against builder in NCDRC consumer forum under 12(1)(C) of consumer forum

Again a legal proceeding I don’t want to get into all this…

Well this is a different procedure here you file a case in a group like 5-10 people.

What about legal cost?

Since you are filing a single complaint against builder so cost factor is minimum as compared to individual complaint.

Like individual complaint cost increases as your case progresses in this case the legal cost reduces as more and more people become part of the complaint.

Is it effective.

Since may people will join for a cause it is an effective way to put pressure on builder to settle as number of people are bound to increase as case progesses.

This way at low cost you will get effective remedy.

to know more just mail your query at nitish@lexspeak.in

Adv. Nitish Banka

9891549997

 

 

 

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