Low quality construction and building construction violation
senthil
(Querist) 02 November 2014
This query is : Resolved
Dear Sir/madam, I recently(1 year back) bought an flat in chennai. It has 3 blocks and 6 units in each block. recently i noticed wet damp patches appearing on the interior walls of my apartment unit. i approached the builder , but he is not responding. i see many cracks and wet damp patches are appearing due to that. I dont want to leave the cheaters like this. i want to file an case against the builder. Can you please tell me the procedure?. Does it need lots of documentation?. Can you please tell what sort of documentations are required?. Also he violated all the building regulations. we were asking him to get it regularised, but he is denying that. Please advice me how to proceed on this. Also do i need to engage lawyer for these purposes?
Advocate M.Bhadra
(Expert) 02 November 2014
Send a Legal Notice to the Builder/Promoter/Seller calling him to repair/rebuild by proper materials or claim damages.If the said Builder would not comply as per notice then file a case against the Builder in District Consumer Forum for deficiency of service and unfair trade practice.
Dr J C Vashista
(Expert) 03 November 2014
Since the apartment is still under the clause of "warranty" ask the builder (in writing/through notice)to get it repaired otherwise, the builder has to reimburse cost of repair incurred by you.
With respect to the voilation in building regulations, point them out in writing to the builder and society/RWA intimating authorities as well.
senthil
(Querist) 03 November 2014
Thank you Mr. Bhadra and Dr J C Vashista! Also could you please let me know if there any specific timeline before i need to initiate the formalities?. Can i wait for 10-12 months?. Because i am in middle of my Civil services Exam preparation. I don't want to loose my focus.
ajay sethi
(Expert) 03 November 2014
you can engage a lawyer for filing case in consumer forum . you need not attend court on each date . your lawyer will do the needful
malipeddi jaggarao
(Expert) 03 November 2014
I agree with the suggestion of serving a legal notice and if no result, file a case in consumer forum, for which you need not have to spend much time. You can hand over the papers to advocate and he will send the notice.
With respect to the voilation in building regulations, I differ with the suggestion of Dr.Vashista to reduce these things in writing to the builder and also intimating the authorities. If the builder is not a position to rectify the violations, it will be suicidal and the authorities may take action against the purchasers. So exercise caution in this regard. All of You as a group can point out these things to the builder by oral representations to the builder.
Guest
(Expert) 03 November 2014
Well Advised by Advocate M.Bhadra and Dr.J.C.Vasishta.Oral representations would not have any records and would not Fetch you any Results as well.
Rajendra K Goyal
(Expert) 03 November 2014
Serve legal notice through your lawyer and if no response, file complaint with the consumer forum.
Dr J C Vashista
(Expert) 04 November 2014
@Senthil,
The earliest is best, every thing (including time to proceed)has limitation. I agree with the expert advise of Sh. Ajay Sethi, file consumer complaint through your lawyer, you need not attend every date.
Dear Sh. Malipeddi Jaggarao ji,
I fully agree with you regarding the issue of violation of Building Rules when brought to the notice of authorities it would have an adverse impact on the purchasers, if the builder do not ractify. What else the helpless purchaser can do if the builder do not respond to remove unauthorised construction violating Building rules and/or rectify the defects as pointed out by the author.
In the instant query the author states that they have made all out efforts, approached the builder for getting the defects rectified but of no avail. Besides this, the author wants to teach a lesson to builder, therefore, (to my mind-which you have the right and privilage to differ)the querist should put pressure on the builder through the authorities for violation of Building Rules and Bye-laws. The builder cannot take every thing for a ride and do whatever he desire. After all, builder is bound by some rules/bye-laws and terms and conditions of the agreement with purchasers, who have already paid their hard-earned money which is (generally) their life-time saving.
I fully appreciate your concern with the adversity of purchasers (when the violation is not rectified and brought to the notice of authorities). If the violation is so serios that the builder is unable to rectify, subseqquently it would trouble the purchaser/occupier whenever it came to the knowledge of authorities. Besides this, the builder has intentionally violated the building rules for his personal gains, for that why the purchaser may suffer.
However, the querist has sought our legal advise, which shall have to be thoroghly considered by the author and his associate flat owners/ purchasers before proceeding further.
Thanks and regards.
Surrender K Singal
(Expert) 04 November 2014
Better to confront all such opinions to all stake holders to decixde collectively
malipeddi jaggarao
(Expert) 04 November 2014
@Dr.Vashista - I fully agree with you. I brought this in my reply as an abundant caution that the purchaser should think twice before taking any step. If all options are closed as you rightly send this is another mode of bringing pressure on the builder. But before that the purchaser should come to a conclusion that there is no other option left with him except to approach the authorities for rectification of violation. My fear is that it may open pandora's box and ultimate suffer will be the purchaser if the builder does not rectify even after this step. Anyway thank you for your detailed clarification and I have great respect towards the senior experts like you.
Guest
(Expert) 04 November 2014
Dear Author,Nothing Could be achieved by hiding the facts.In this there is no fear or question of opening any pando'ra's box.If the Builder is not Co operative and justifiable go for legal remedies.A good advocate could even get a Stay to the Builder prohibiting him from involving in other Constructions before rectifying the disputed one.
senthil
(Querist) 05 November 2014
Dear Experts and Senior sirs, Thank you very much for all your valuable suggestions and idea's on how this can be taken forward. I fully agree with your views and any impacts this may cause to the purchasers. I just have few things in my mind.
1. By complaining to the authorities, We (Purchasers) may need to face the demolition as i dont think that the current state of violations can be rectified. Yes. we will be loosing our hard earned money. But if not now, this may come at later point by someone else's complaint. Apart from that , as an educated person i just cant tolerate that i am part of thing which violates the laws. For some reason i am really feeling guilty about this and feeling regret for purchasing an apartment without careful consideration on these aspects.
2. We are really worried about the quality of life. I dont think none of us can live in this building for next 20-30 years with this quality.
3. I just have one fear here. Builder is threatening us that if we complain to authorities then he will use his money power to file some false criminal cases against us and also to use Gunda's. Dont know how much this is possible. This is the real threat that we have.
Surrender K Singal
(Expert) 06 November 2014
Try recording such threats on your mobile and pre-empt such blackmailing, if possible
T. Kalaiselvan, Advocate
(Expert) 06 November 2014
@Author: if you have decided to initiate legal action against the builder, why do you worry about the builder's vexatious threats, let him go ahead, you collect all the occupants on your side, wage a legal war collectively and see how he does not responds to your calls.
