Consumer protection act,Criminal Misappropriation of property,Fraud,Property,Sale of property
File a Case Against Fraudulent Builders: Your Legal DIY
18 Nov 2016  |  Views: 87  | 
Legistify
Advocate

The number of cases against builders has been piling up in recent times with no action being taken under the law. Delayed possession, zero response from builder and bad construction quality is some of the highlighted issues by a consumer.

Under such circumstances, a common man not well worst with legal actions and their powers are left clueless about necessary step they may take against their grievance. This easy DIY to file case against your builder shall make your legal course easy.

To be noted, builders are amendable under Consumer Protection Act, 1986. The judgment says, “All builders/contractor(s)/all concerned authorities of any State engaged in Housing Construction activity in any manner is amenable to Consumer Protection Act, 1986 for any act or omission relating to housing activity such as : Delay in delivery of possession, non-completion of construction within the stipulated time, defective and faulty construction and more”.

Clearly stating, the builder or construction company engaged in the act is providing service to the consumer. Any delay in the service or loss to the consumer makes them eligible to get compensated monetarily.

To protect the interest of consumer, The International Consumer Rights Protection Council has laid down certain rights for the consumer. Following are the powers given to a consumer on the grounds of which they can file a case against a builder:

  •  Non-execution of relevant sale agreement despite having received a substantial advance amount
  • Non-issuance of copies of all relevant documents viz.; development agreement, power of attorney, sanctioned plan (by concerned Regional Authorities), specification of construction materials/design as per sanctioned plan and any other relevant documents
  •  Charged higher than the agreed amount
  •  No issuance of proper receipt(s) against the paid amount
  •  Poor quality construction
  •  Delivering of a house not complying to agreed specifications
  •  No free parking space within the premises
  •  Did not form a co-operative housing society and handed over to members
  •  Non-provision of water storage tank
  •  Non-provision of proper ventilation and light
  • Delayed possession beyond the stipulated time limit
  •  Not obtaining completion certificate from the concerned registered (by the authorities) architect
  •  Non-issuance of Occupancy Certificate at the time of delivery of respective flats/house to its occupants.

Initial Steps of Legal Proceeding

Follow these simple steps to file a case against defaulter builder at consumer court.

  1. Identify your reason behind discontent. Draft a legal notice against the builder stating the reason.
  2. Wait for a definitive time period for the builder to respond.
  3. Under no response, prepare for a petition against the builder with the help of a legal expert.
  4. File your petition against the builder at consumer court. Follow these simple steps to take necessary action against your builder.
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