Legal notice to architect
kailashmhetre71
(Querist) 30 September 2013
This query is : Resolved
Recently I purchased and moved in new flat. The builder had engaged into a standard contract with an architect for building the apartments.But the architect has not revised the plans from municipal authorities before getting completion certificate, there are few deviations from the sanctioned plan(received thro RTI) like enclosing cup boards, rain water harvesting, enclosing terrace on fourth floor into bed rooms. Also the carpet area is short by approx. 100 sq ft. We have brought it to the notice of the architect from time to time but he is not complying with our requests.
I would like to first take action against architect then catch up with builder. Kindly advice can I claim compensation from architect apart from builder and how
R.K Nanda
(Expert) 30 September 2013
yes, u can claim compensation from architect for breach of contract,
by sending legal notice by lawyer to him.
V.T.Venkataram
(Expert) 01 October 2013
Your contract for sale of the flat is between you and the builder.He might have engaged umpteen number of service providers for construction of building. You can file a consumer complaint against builder for the defects in the building and for gross deficiency in service relating to completion certificate.Please note that the builder is alone is responsible to obtain the completion certificate.You can claim money for defects and compensation for mental agony caused to you on account of deficiency in service on the part of the builder. I reiterate that there is privity of contract between the builder and other service providers like architect and they are not answerable to you.
V R SHROFF
(Expert) 01 October 2013
Issue notice to builder with copy to Architect and Local authority , ur intention to file suit. cpc sec 80 apply.
Raj Kumar Makkad
(Expert) 01 October 2013
Well advised by experts hence no more to add.
Sarvesh Kumar Sharma Advocate
(Expert) 30 September 2013
