LawRato

Builder failed to complete project can I file case in consumer court


21-Jun-2023 (In Consumer Court Law)
An agreement was signed with a builder to demolish the existing structure and construct new building on our plot within a stipulated time,The builder was to be given one floor in the building to meet the cost.It is almost 5 year,we have occupied the three ifloors in semi furnished condition & staying.Under agreement on his failure to complete the building ,he will cease to have any lien to the floor which was to be transferred to him. Please advise course of action,Can we move too consumer Court ,debarr him and seek compen.
Answers (5)

Answer #1
502 votes
Dear Querist,

you have the option of going to the Civil court seeking injunction and breach of contract as well as the Consumer Court as you fall under the definition of consumer

a more detailed opinion could be provided after going through the supporting documents and understanding the correct factual matrix

regards

chetan priyadarshi
Answer #2
864 votes
you could file case in consumer court. place could be describe according to cost of compensation which you demand. You may get relief instantly in consumer court in delay posession plus interst and also may get compensation for mental harrassment charges as well as litigation cost.
Answer #3
685 votes
no because u r not a consumer because u r the owner cum developer of the premises and there is no relationship which covers under the provisions of CP act. But you should have filed a criminal complaint for cheating and brech of trust against builder and also file a civil case
Answer #4
599 votes
It is common problem in relation to redevelopment contract with the builders and the consumer forums have developed a strict view towards the faulty builders and there are a lot of judgments being passed to provide relief to consumers facing problems and therefore, it is a good time to file a consumer complaint against the builder. It is the duty of the builder to redevelop the area within the stipulated time or pay the penalty involved according to the agreement.
However be careful in choosing the course of action and the claiming the relief.
Answer #5
540 votes
Hi,

From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."