Building repair and painting
Roland Noronha
(Querist) 29 September 2015
This query is : Resolved
The contractor has done a very bad job of building repairs. He has given 5 years guarantee for Structural Work and 7 years for Painting work. Our committee has been informing him about the poor workmanship verbally I mean over phone. He had come and inspected twice but, keep giving excuses about Natural Heat/Weather are causing cracks,blisters etc. The leakages in the top floor flats he says due to terrace which was not in his contract. He had told us that terrace is fine and not required to be touched. He carried out pond test and said there is no leakage. If this is the case how come flats on the lower floor are showing leakages during rainy season. We have not paid his retention money and he threatens legal action. The building work done by him is still under his guarantee period. Since he claims there is no written information on the poor workmanship and/or damages we have now written to him saying since the work is still under guarantee you may attend to the same. He agrees but no action. Now as per contract disputes if any will be referred to arbitrator. WE WOULD LIKE TO KNOW WHETHER THE SOCIETY CAN TAKE THE CONTRACTOR TO THE CONSUMER COURT OR WE HAVE TO STICK TO THE ARBITRATOR.
P. Venu
(Expert) 30 September 2015
The Consumer forum is an additional remedy.
K.S.Srinivas
(Expert) 30 September 2015
If there is a clause in the contract reg. arbitration, then the case can be referred to the Arbitrator. Otherwise, the society can file a petition before the consumer forum.
