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Building Work Incomplete Even After Possession


26-May-2023 (In Civil Law)
Before I proceed with my query I want to inform you that mine is a freehold builder floor in Delhi and does not fall under RERA. I got my old building collaborated with a builder who in return will demolish my old building and rebuild a new one. In return the builder will take one floor and another floor will belong to me. Now After the possession of flats I found that most of the works in the flats are still incomplete or faulty. I have informed the builder many times about this and he says he will get them done. But all these works are still pending. However, the one floor which belongs to the builder which he sold to some other party, he is getting works done in that flat but not on my floor. For the above issue, do I have to go to the consumer court or regular courts. Is there any relief possible? How would a regular court fee be charged in this case by the court and the same for in case of consumer court.
Answers (3)

Answer #1
870 votes
Sir, you can move to both the civil court and the consumer court, provided the relief that you can ask in each will be different. In my opinion you should approach the Civil Court as the Civil Courts of Delhi are faster as compared to the Consumer Court, and you will get remedy sooner.
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Answer #2
780 votes
In this case the appropriate remedy would be approaching the court in accordance with the Agrement you have signed with the Builder. If he is not complying with the terms and conditions of the Agreement, then appropriate legal action can be taken against him for specific performance. The case can be better discussed after looking at the agreement Thanks.
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Answer #3
556 votes
You are definitely entitled to claim for the compensation for faulty work by the builder. Your remedy lies before the consumer forum if the builder has a registered office or else civil court has a wider scope to adjudicate upon your case. Suit for specific performance can be filed after perusing the agreement you have entered with the builder. Fee can be discussed over a call. Please feel free to contact. Thanks
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