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Nirmal Joseph (Medical Practice)     13 August 2008

Query about Consumer Redressal Forum?

Hi Friends,

 

I purchased a flat (to be newly constructed) from a person (who is a power agent) by entering Sale Agreement for 1/6th of the land in July 2003. To satisfy one of the conditions in the Sale Agreement on the very same day I entered into a Construction Agreement for a flat of 1250 sq.ft. for a total construction cost of Rs.12,00,000/- with a partnership firm belonging to his family. As per the Construction Agreement I should pay the construction cost in installments based on the progress of the building and the contractor was supposed to complete and hand over the flats in 18 months from the date of agreement. In three months time I got the land registered in my name by paying full amount for the land. After that, though I became owner of 1/6th share of the land by virtue of the registered sale deed, while applying for building approval only he signed in the place of owner without getting my consent. Subsequently he formed another partnership firm and entrusted the job of entire construction to that firm without my knowledge. While on construction they made lot of violations against the approved plan and building rules (I got the copy of the approved plan and the notice issued to the new builder by the local body using RTI Act). As a result they could not complete the construction. More over the construction is not done by the contractor with whom I signed the construction agreement. Can I approach Consumer Redressal Forum against him? Who are all to be made as parties of offenders?

 

Thanks!



Learning

 2 Replies

prof s c pratihar ( urologist &legal studies)     15 August 2008

similar matter ,my contractor left the housewhom entrusted to complete 1st floor and i approached the dist consumer redressal forum  and got good order.valuation of construction was done by a regd valuer of cal high court and compared with the agreement of construction particulars.i do suggest you to contact a lawyer practising at consumer court of your jurisdiction. a contractor can get the job done by a sub contractor.it is preferable to select a valuer aforesaid  who was a pwd retd civil engineer.drscpratihar@yahoo.co.in--------------member lawyersclubindia

Nirmal Joseph (Medical Practice)     16 August 2008

Thank you Dr. S. C. Pratihar!


Dr. Nirmal


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