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Rectification of defects by builder post possesion


05-May-2023 (In Consumer Court Law)
I had taken over possession of a new apartment in last year Sept 2016.The defects were listed in the defect register.As soon as I took over possession I started with my interior work.The builder representative at the site had promised me that all the defects will be rectified by the time the interior work gets over.However even after 5 months none of the defects were rectified.After I complained to the management, some of the defects were rectified.In March 2017 I shifted to my new apartment but still some of the defects are pending.Also new defects are cropping up but the builder is not interested in rectifying any defect.Even the management is not answering my mails and repeated reminders.As I am staying out of India for almost 6-7 months in a year, the builder is trying to take advantage of my situation.Kindly advise on the issue.
Answers (4)

Answer #1
701 votes
You are advise to approach consumer forum for not removing the defect as well as not cooperating with you to removing the defect s as per the list . But prior to that you send a advocate notice stating all the facts
Answer #2
982 votes
As it seems, you stay out of India for maximum time, it would be better taking online advise, then to hire a lawyer of your area. Talk to him and brief him about the defects in details, and suggest him to file a consumer case.
regards
Answer #3
540 votes
First issue him a Lawyer notice under real estate devlopment act with a dead line to resolve the issue.Failing which lodge a litigation in Consumer court.The new above named legislatipn is always in your favour
Answer #4
833 votes
As a practice, most of the Builders carry out the construction work in absolute disregard to what they promise. Since they use low-grade materials and employ sub-standard workmanship, it is quite evident that defects are bound to crop up in the later phase. Such practice of providing defective quality of construction, whereby there is an absolute departure from the quality that was promised to you at the time of negotiations as well as subsequent signing of papers, amounts to a deficiency of service. Since, the builder has already rectified certain defects on the previous occasion, there is an implied admission of rendering sub-standard quality/service and further not complying with the rectification of other defects is indicative of deficiency in service. You can build up your case on this by making few more representations to illicit more admissions from the builder and thereafter you can serve a legal notice and avail legal recourse in appropriate forums/court of law.

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