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Remedy in case of Deficiency in Service by Builder
06-Oct-2023 (In Property Law)
I am living in a society in Gurgaon for 1 year. The builder charges high maintenance but against that he offers; 1. Bad condition/broken roads. No repair ever done 2. Below average security. Untrained, random guys in uniform 3. Zero maintenance services - understaffed, and every time we have to buy material like MSeal, Grout, Crack Shield, Locks, Handles, etc from market as they always say zero inventory 4. STP in under capacity and not functioning properly, black/sludge water supply in bathrooms with worms and harmful bacteria leading to diseases 5. They and their vendors don't pay salary to housekeeping and other staff on time and every week staff go on strike and stop work 6. Garbage disposal dump not cleaned for days leading to unhealthy environment 7. Lifts dont work. Ppl struck inside or hours If residents refuse to pay maintenance, builder adds late payment charges. What is the legal and quick remedy for this? Should I and other residents lodge FIR? Does law protect us?
A buyer who is the victim of the unfair practices of the builder can approach the following forums for his redressal:
He can file a civil suit in a a Civil Court, He can file a complaint before the consumer forum and even file a criminal case against the builder
He can file a civil suit in a a Civil Court, He can file a complaint before the consumer forum and even file a criminal case against the builder
Helpful?
15+
15+
Adv. Siddhant Sharma
Delhi | 500+ Answers
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Take some pic's of sludge water supply & Garbage disposal dump and evidences of other facilities as broken roads, security services and drop an email to dy. commissioner & commissioner with all concern department like water supply etc. gurgaon regarding your concern.
And push the worker to approach labour commissioner for their wages issue as no timely payment and no payment as per scheduled rate are disbursed by the builder.
You will see the magic.
And push the worker to approach labour commissioner for their wages issue as no timely payment and no payment as per scheduled rate are disbursed by the builder.
You will see the magic.
Helpful?
23+
23+
Adv. Shravan Kumar
Gurgaon | 25+ Answers
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The builder's undertaking of the said responsibility towards the buyers is governed by the representations made by the builder through contracts and other correspondances. Such representation ought to be explicitly made alongwith due communication of depuatation of any of said undertakings which are in governed by further contract with a third party. A perusal of the arrangment between the builder and the deputed party would show upon whom the arising liability would reside. Hence, towards whom the remedy is to be exercised. Your recourse lie with the consumer forum, suit, mediation proceedings and arbitration as may be in terms of the contract. You can register a complaint with the police. It would be best to peruse the relevant documents before any steps are taken.
Helpful?
13+
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Adv. Arjan Sharma
Gurgaon | 25+ Answers
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