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Builder provided bad quality flat and refusing repairs


28-Jan-2023 (In Property Law)
i have purchased 2BHK flat in july 2017 from a private builder, now from last 10 days there is water leackage from ceiling and electricity board, now builder saying that these are not our fault and you have to complete this problem at your end at your cost. i am very much frustrated and depressed, i invest my all life saving for this flat and with 6-7 months i am facing these type of major problem, i am also paying my home loan EMI on time. please please help me.
Answers (3)

Answer #1
666 votes
You have two remedies, you can approach either civil court or consumer forum for relief. You need not worry just initiate legal proceedings. All your issues would be resolved. Before this your documents are required to be checked
Answer #2
506 votes
I have come across many cases like this. Sifting through the numerous real estate related complaints that land on our desks everyday is an instructive, enlightening and horrifying experience-all at once. Instructive and enlightening because these complaints are a living and breathing manual on how to harass consumer. But please understand that there is a solution for every problem in law.
The builder is liable to do the repair work of ceiling and electricity board for one to three years even after you get the possession of your flat as part of the defect liability period clause in your builder-buyer agreement.
You say that the builder is refusing to carry out the repair work so you have the following options
1. Approach the Real Estate Regulatory Authority(RERA) in your area. Your builder must be registered under the RERA act. RERA deals with unfair practice of the builder. RERA resolves the problems of consumers like you in the best and inexpensive manner.
2. You can also send a legal notice to the builder to comply with the norms of the agreement.

Your problem needs a detailed discussion


GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA
Answer #3
797 votes
Hi

I will need to see your contract with the builder , sale and maintenance agreement. Your contract will have clauses on maintenance, quality of construction etc. Perhaps then we can send a legal notice to the builder.

Rgds

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