Case against builder for not fulfilling the promises.
Querist :
Anonymous
(Querist) 29 December 2011
This query is : Resolved
Dear Sir,
I have purchased a 2 BHK flat at Newly constructed Tirupati Heights at Ujjain M.P. in May 2011 from M/S Tirupati Consturction. Its a six floor building and my flat is on the sixth floor.From last 3 months lift is not working at all even after several reminders builder is not showing any interest to repair the lift. When we contacted a private engineer , he told us that the lift is of very poor quality and even if its get repaired it won't be long lasting and any time any accident can happen. So i won't to know what action i can take against the builder in the law of court and what is the procedure?
Thanks,
Jagdish Bisht.
Devajyoti Barman
(Expert) 30 December 2011
This is clear case of deficiency of service and unfair trade practice.
So file a case before the Consumer Forum for dressing your grievance and compensation.
Deepak Nair
(Expert) 30 December 2011
The best remedy available is to file a consumer case.
But, i suggest you to send a notice to the builder asking him to fix the issue within a specific period of time, say 7 days or so. If he fails to abide with the notice, then go ahead and file a consumer case.
prabhakar singh
(Expert) 30 December 2011
I agree with both opinions,visiting FORUM with complaint after service of notice is the only solution to the problem.
Advocate. Arunagiri
(Expert) 30 December 2011
Normally the builder wont come to you after handing over the property to you.
If there is any defect in the lift, you can sue only the lift company, not the builder.
You can sue the builder, only for defective construction.
Deepak Nair
(Expert) 31 December 2011
mr. Arunagiri is true.
But, builder can be booked for providing substandard and defective lift which is deficiency in service.
