Complaint about builder

Send a notice to builder  and ask him to remove the defects,if he does not comply with notice then file complaint before District consumer Redressal Forum against builder for adopting unfare trade practice and for sold  a flat which has many defects.claim therein cost of repair and compensation towards mental and physical agony caused to you by his conduct.

(c) “complaint” means any allegation in writing made by a complainant that-

1[(i) an unfair trade practice or a restrictive trade practice has been adopted by any trader;]

(ii) 1[the goods bought by him or agreed to be bought by him] suffer from one or more defect;

(iii) 1[the services hired or availed of or agreed to be hired or availed of by him] suffer from deficiency in any respect;

(iv) a trader has charged for the goods mentioned in the complaint a price in excess of the price fixed by or under any law for the time being in force or displayed on the goods or any package containing such goods;

2[(v) goods which will be hazardous to life and safety when used, are being offered for sale to the public in contravention of the provisions of any law for the time being in force requiring traders to display information in regard to the contents, manner and effect of use of such goods. with a view to obtaining any relief provided by or under this Act;

Dear Mr. selvam,

I have perused your query seeking remedy of your grievance with regard to cracks in walls of the flat just after a month of its possession, being newly constructed & handed over to your brother by a Builders. Further, your grievance is that with regard to said problem the Builders is not responding properly to you.

Under the facts & circumstances enumerated by you, I have understood as above; you are advised to forward my this reply (to be sent along with your mail to the Builders demanding thereby them to address your grievances within a month failing which you would take shelter of law against them, followed through a letter by Regd. Post as confirmation to your mail).

My Reply :-

[A]                         The concerned Builders have committed Offenses u/s 2 (1) (o) (g) (nnn) & [(r) (1) (ii) (vi)] of the Consumer Protection Act, 1986 read with its up dated amendments.

[B]                         Such erring service provider is liable not only to remove the deficiency in their services, in question but will also have to pay such amount as may be awarded by it as compensation to you for any loss or injury suffered by you due to negligence by them (builders).

Advises :-             (a) Beside my advise, as above, it is advised that on failure of the required rectification by said Builders; You should not hesitate to lodge a Consumer Complaint Case in the competent Consumer Court, having its  Territorial and  pecuniary jurisdiction at your end.

                     AND (b) If you need so, may approach the undersigned to assist and guide you for lodging the suggested case through the website, under noted;  which provides its services free from any charges. Even, you may seek assistance for drafting your complaint, if feel so and for which you will have to visit the said website by providing details.

Thanks with hope my instant response satisfies you,

SHIVESH KUMAR SINHA, Advocate

Legal adviser - www.powertoconsumer.in