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Pritanshu Srivastava   02 May 2022

Glass of balcony broke and fallen on a recently purchased property. can legal action be taken?

Hi everyone,

I had purchased a builder flat last year and today afternoon the glass used in balcony railing shattered and fell down. It is fourth floor and fortunately no one was standing down otherwise he would have got badly injured. I am very agonised and wanted to know of action can be taken against the builder or glass supplier for using substandard product. It could have caused serious injury to someone.



Learning

 2 Replies

SUMAN CHAKRABORTY (7278624428) (Legal Practitioner)     02 May 2022

Yes. You can knock the door of the Consumer Forum after making a demand for justice.

Vrinda   03 May 2022

Hello sir,

You can take up the following course to seek remedy for the same -

1. Issue a notice to the developer/builder.

Before filing a complaint in the consumer court against any builder, a complainant must issue a formal notice to the construction company or the builder. As per the norms, it is important that the consumer must inform about the unfair practice to the concerned developer and allow the opposite party to respond to it. If the developer is unwilling to offer the compensation or refuses the issued notice, then you can approach the consumer court.

 2. Submit a complaint online or at consumer court.

Now, after receiving no response from the developer against your notice, you can register an online complaint to the court. Firstly, you need to create a consumer login on this government website -  https://consumerhelpline.gov.in/user/signup.php

Once you have registered, you need to login to file the issue. While filing the complaint, a complainant would be required to furnish their personal and project-related details. Complainants can also attach supporting documents.

The following practices are considered as fraudulent in the court of law in case of the real estate sector. A consumer can file a complaint for –

-          Delayed possession

-          Not providing Completion Certificate (CC)

-          Sub-standard construction quality

-          Construction without attaining requisite approvals

-          Construction on unauthorised land

-          Fraud in booking of your property

-          Any alteration in land use, layout plan, structures

-          Hidden charges

-          Enhanced External Development Charges (EDC)

-          Cancellation of the project

-          Forfeiture of the amount

3. Paying the fees for registering complaint at consumer court.

4. Apart from filing the complaint online, a user can make a call to register his/her grievance at 1800-11-4000 or 14404. A consumer can call on any day between 09:30 AM To 05:30 PM (IST) except for National Holidays.

Hope this helped to solve your query!

Regards
Vrinda


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