FDAO (Manager) 20 February 2014

Document error is deficiency in service in consumer court?

I am a new user.

I have the following query

1) Our flat is located in South Chennai and have been issued both planning permit and completion certificate by Chennai Metropolitan Development Authority. Both were applied by our builder and were handed over to us when they formed our association. Both the documents mention the area wrongly (though other information is correct like survey no , block number etc..)

2) The association wrote to the builder and builder replied, that they can approach the CMDA who is the authority to correct the document and so far no reply has been received from the CMDA.

3) Does this document error by CMDA is a deficiency in service by the builder (as he was the developer responsible for approvals )? Even though the document error is there, neither TNEB or MEtrowater have denied any facility to us and all buyers have availed loans from various banks, housing finace companies.

4) Ours is an unregistered association? Can we file a case against the builder in the Consumer Court? In my google search I found in case 1991(2) CPR 129, where in it has been decided that unregistered associations cannot file a complaint before Consumer Courts.

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4 Replies

adv.raghavan (Advocate,9444674980) 22 February 2014

You have to specific in query, what is the error committed by CMDA, Given the grounds builder role comes to an end, the moment he hand over the property to the buyer after getting completion certificate from CMDA, you cannot sue the builder, u have to sue only CMDA , For filing a case against CMDA, registration of association is not necessary,

FDAO (Manager) 22 February 2014

Thanks for your reply Sir.

The error committed by CMDA is mentioning the area wrongly (pin code is correct) and had given the approval , For Eg. instead of Koyambedu, they mention Arumbakkam and the pin code of Koyambedu is given (eg. arumbakkam 600107 ). This error appears in both Planning Permit and Completion Certificate

Since the builder was responsible for getting the approvals, he had accepted the wrong document from CMDA? Can he be sued for deficiency in service in consumer court by the association (unregistered)?

adv.raghavan (Advocate,9444674980) 22 February 2014

Still u cannot sue the builder, provided if he had given correct area and pincode number to CMDA for plan approval, inspite of this if CMDA had mentioned wrong area and pincode, u have to get it corrected from the concerned authority . IF you have decided to proceed legally against the concerned people, you can make the builder party to the proceedings.