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How to sue for deficiency of services


30-May-2023 (In Consumer Court Law)
I have purchased a flat from a builder in 2015 and shifted in it last year Feb. Since last year rainy season, there is water seepage from the roof of my drawing room when ever started raining. Despite repeated request builder has not done any repair work. I am in a stage of mental agony. Please advise me what step I should do. Recently the building association have been formed, but they could hardly do any thing. There are deficiencies of services in other areas also.
Answers (5)

Answer #1
725 votes
You can file for compensation . But as the builder has perhaps handed over the premises to Association he may soon sell off all his share of flats and go away, So dont waste time, that is unless he si someone who is here to stay.
Answer #2
534 votes
The facts putforth by you would make out a case of a flat with defects.

It definitely forms the duty of the Seller/builder to rectify the defects in the products sold.

You very well fall within the definition of a consumer and can sue the buyer for the damages for the defect and can also compell builder to rectify the defects.

Filing of a consumer complaint would be a speedy and best available solution for the facts narrated.
Answer #3
629 votes
Without making any delay as soon as possible you send a legal notice through an Advocate to that builder regarding his default to provide flat with good condition and give him 15 days time to make such repair of that flat even after issuing the legal notice if that builder not response you then you may approach the proper competent court of law for justice..
Answer #4
704 votes
Is it newly constructed flat or old one. Issue legal notice through advocate to the builder by stating the problem which you are facing and asking him to comply the same on priority basis. Go through your sale deed which you have entered with the builder, find out if is there any clause which helps you to sue him for the damage takes place in any time limit etc:
Answer #5
690 votes
You can send them a legal notice with the details of the deficiency and if they fail to oblige even after that please file a complaint before the consumer forum, you will be compensated by the court, feel free to get consulted for further legal advice

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.

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