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Guest (n/a)     27 February 2009

defects in flat

 I had purchased a flat in July 2007 and while moving into the new flat, we could notice many defects. I wish to file a case in the consumer court. Kindly advise me which court should be approached and their address. Should I make a complaint on the basis of a surveyor's report or can I make my complaint direct to the court?

The snowcem applied to the walls are peeling off. There are air cracks. The floor is not symmetrical. There is lot of clearance between the tiles. If the doors are closed, there is a wide gap between the door and the door frame.

The builder has not yet given the completion certificate. There is deviation between the plan and the actual construction.


 3 Replies

Adv. Sanjay (Lawyer)     27 February 2009

See first of all enlist all the problems you are facing with and then make your own complaint. The complaint should be filed in the jurisdiction where the conteract has taken place or where the Flat is situate or where the part of the deal i.e., the cash has been paid. It should be in that ares court only. The case should be filed before the Dist.  Consumer Forum in that District only. There is a Section 12 stating that in which manner the complaint should be made. The case has to be filed Under Section 2 (f) (g) & (o) respectively.

UMA DEVI MADASANI (INCHARGE IPR DEPARTMENT & HR DEPARTMENT: CS (Executive) student)     27 February 2009


According to you there is defect in service.  Before giving any advice I have some doubts. 

1. Have you entered into any agreement with the builder?

2. If so, When should the builder deliver possession of flat?

3. Is there any clause regarding default in delivery of possession?

4. Is there  any clause regarding deficiency meeting quality of construction?

5. Did he deliver the possession in time?

6. Did you notice defects in construction while you were delivered with possession?

7. If so, Did you bring it to the notice of the builder?

8. Since July, 2007, a period of 20 months have been passed.  Didn't you give any complaint or notice in writing to the builder?

If you give complete details I shall give you most appropriate advice.  However, don't worry? You are a consumer.  Definitely you will get relief.



IN THE MAHRASHTRA,UNDER MOFA ACT, FLAT PURCHASER HAVE TO inform defect within 2 yrs of possession given by builder. CHECK DATE OF POSSESSION.

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