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R.Ganesan (Lect.)     15 October 2010

What is the normal warranty period?

My brother entered into a construction agreement with a 'Tiruchi builder. The construction was taken possession on March 24, 2008. In July 2008, major construction defects (especially defective tiles) were shown to the builder. But due to family reasons, my brother was unable to follow it up with the issue after that. Now the builder is refusing to attend on to the defective tiles. The construction agreement has not mentioned any warranty period.

I wish to know whether a consumer law petition is maintainable (as two years have passed since possession) even though my brother has communicated in writing to the builder over the defective tiles.

Thanks for your reply.



Learning

 3 Replies

ashish lal (Advocacy)     15 October 2010

Consult a lawyer. Your case is within limitation. 

xavier (legal manager)     16 October 2010

Mr.Ganeshan,

 Period of Limitation in Consumer protection Act is  2 years.  if you have issued a notice within that period

you can very well  file the Complaint  before the Consumer Forum, anfd if there is any slight delay, you can file with a delay condoation petition with an Affidavit.

 

 A.N.Xavier. Advocate  Tirupur   93457 93055

Tarun Thakur (advocate)     16 October 2010

ur question is vague..

 

ur query can be answered as follows:

 

u hv not mentioned what type of construction agreement u have made ..

either it is commercial or for residential purpose. consumer complaint can be made of residential purpose..

 

your case does not fall in consumer category . you have still remedy to file civil suit for damages and you can claim compensation for the defective tiles that the builder has made..

 

regards

Tarun thakur advocate

chandigarh 9855554403


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