___Raja___ (x) 16 October 2009

Builder making actual flat different from sample flat

We had booked a flat with a builder after seeing the sample flat and were assured that all the fittings, tiles, sanitary ware etc will be exactly as shown in the sample flat. But on checking an actual flat in the ongoing construction, we found that the tiles and fittings used are of sub-standard quality and very different from the sample flat. Is there anything that can be done to make the builder use good quality material as promised.

Note that the agreement does not have any mention about the quality of tiles/fittings and I dont think any agreement mentions that

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3 Replies

A V Vishal (Advocate) 16 October 2009

Aviraj

It is actually better, if the agreement states the quality of the material used in the agreement, in absence of which you cannot question the builder on using sub standard material. In most of the present agreements, a mention is made about the quality of brand name of the marterial in the agreement to avoid cheating by the builder. In case a mention is not made, there is not much that can be done except approach the consumer forum which also can be futile.

___Raja___ (x) 16 October 2009

Thanks for the reply. Brand names of a few fittings is mentioned but in the following manner "Faber or equlivalent". Now the builder can give some other brand claiming it to be equivalent to Faber, while it may not be so. Legally this is to the advantage of the builder. For things like tiles, brand/colour/quality etc is not mentioned so again we dont have much say.

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 17 October 2009

In the absence of any agreement, nothing can be done in your case, however, because you have been lured by showing the constructed house, so you can file a criminal case under section 420 IPC as well as a consumer complaint but onus heavily lies on you to establish that you were lured by accused/buildor.