What to do if builder using cheap materials in construction ?

992 votes

As per a landmark decision passed in 1993 in the case of Lucknow Development Authority vs. M.K.Gupta, the Honourable Supreme Court of India passed a judgement stating that “all builders/contractor(s)/all concerned authorities of any State engaged in Housing Construction activity in any manner are amenable to Consumer Protection Act, 1986 for any act or omission relating to housing activity such as: “Delay in delivery of possession, non-completion of construction within the stipulated time, defective and faulty construction and more…” The judgement states the fact that a builder who constructs a house or hires the services of a contractor to develop a property is engaged in the act of providing service to his customer, and for which he is getting monetarily compensated. This makes him a service provider and hence liable under the clauses of Consumer Protection Act, 1986.
So In your Case The problem is "Poor quality construction" "Delivering of a house not complying to agreed specifications".
Don't Compromise at any Stage.You are Paying To each And Every Thing. As per Ur agreement You Have the right to get what you want. Don't waste time immediately move to Consumer court in your district and lodge a complaint against ur builder with the help of advocate. At Present U can file Consumer Complaints Through Online also.

How to file a complaint against a builder in the Consumer Court?

With builders coming under the clause of being a service provider, the process of filing a consumer court complaint against them is the same as with other service providers. To file a complaint, you need to adhere to the following steps: Send a well drafted Legal Notice to the builder stating your reasons of discontent, Await for a response for the stipulated time from the other party, On no-response, prepare a petition stating facts and evidences with the help of expert legal advice, Approach the Consumer Court and file your petition against the builder.
But one big exception applies to filing the case in the event of delay in possession. "There is no time limit to move the court against builders". As per a judgement passed by the National Commission in the case of Jayantabhai Ranka and Arunaben Kapadia vs Ravi Developers, the Commission pointed out that the cause of action on the builder continues till the allotment of the site or full refund of money on refusal to allot. This means, no matter how much the delay, the builder is liable to properly honour his service agreement. The other important point that this particular case also highlighted is that ‘each property developer is liable to execute an agreement for sale’. And failure to do so can be a cause of action against the builder in the Consumer Court. If you have been cheated by a builder, or someone you know has been a victim of the misdeeds of a property developer, you can get in touch with our learned Consumer Rights Adviser for support. Power to Consumer is here to support consumers like you in resolving issues and disputes of any kind and nature. If you need any support regarding the complaint filing process or want to file a complaint against the builder, please get in touch with us immediately.

Advocate Hemadri VSSRR Chandrakanth LawRato

816 votes

At the time of booking your apartment what your builder promised you regarding material such as doors, floor, bathroom tiles etc. and agreement between you and your builder. If your builder failed to fulfill contents of your agreement, you can seek damages and compensation from the builder, also you can cancel your agreement and ask him to refund with compensation. Besides you can file cheating case against the builder

Advocate P. Sathya Prakash LawRato

931 votes

You have any agreement and specific conditions for construction of flat. If u have problem with quality, you may complaint local municipality for non issue completion certificate and file a case at consumer forum for deficiency of services...

Advocate Vijaya Bhaskar Siripanda LawRato