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Construction default in flat purchased against whom can I take action


27-Mar-2023 (In Consumer Court Law)
What remedial measure will be appropriate to solve the problem.is there any scope to bring the matter before the consumer court or is the managing committee to be convicted as they have collected special money for repairing purpose but did nothing.is the developer also responsible for low grade construction?
Answers (4)

Answer #1
527 votes
Hello,

If there is a construction default you can file a consumer complaint in the Consumer Forum. Though, If it is not a major construction default you should first serve a legal notice to the builder/contractor for replacement and/or repair. Though, the case should be discussed in detail which will enable me to provide you more appropriate legal advice.

Thanks & Regards,
Answer #2
595 votes
Dear client, a case can certainly be filed against the developer in the consumer court for the low grade construction but the cause of action must be within a period of two years otherwise legal action can be taken against the managing committee.
Answer #3
804 votes
Yes your case is fit case for Consumers Redressal Forum and the promoter is very much responsible for constructional defects and you can definitely seek compensation for deficiency in service by the promoter alongwith damages for mental harassment and litigation cost.
And if the managing committee has not done nothing at all inspite of taking payments in the name of repairing then in that case you can initiate a criminal proceedings against them for cheating and breach of trust.
Answer #4
687 votes
You can bring the developer before the consumer court. I am not clear about the role of the managing committee if you have a contract with the developer then yes some additional info. might be helpful

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