Shivendu kumar (Shiv) 10 December 2012

Consumer case against builder of unauthorised colony

I have bought one Flat in March 2009 Near Dwarka more which was in Unauthorised colony, which is now regularised. With in only less than four year, the building is so poorly constructed that we have to demolish it, otherwise it will be dangourous for neibours and any person/vehicle moving on that road. Offcourse we had bought it by Power of attornerny. Can we file any case regarding this against the builder. Is there any ways to get compansation from him. Right now he is continuosly in practice to making buildings and selling on Registry (Illegal registry) with loan.

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adv. rajeev ( rajoo ) (practicing advocate) 10 December 2012

yes you can file a consumer case against the builder for poor construction.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 10 December 2012

Have you already demolished the building? If the demolition has not been made you can sent notice to the builder asking him to reconstruct the building or to pay you adequate compensation. If you on your own want to reconstruct the building, you cannot do it before an agreement reached with the builder, or without a court order. I do not know whether a consumer court can give such an order. But if you reconstruct without an agreement with the builder or without a court order, your case for compensation will become weak, as if the builder disputes your claim of poor construction, you will not be able to prove it once the building is demolished.