• Newly purchased floor issues

My mother executed a agreement with local builder for purchasing a semi furnished floor on 6 June 2016 by giving Rs. 10 lacs by cheque and deal was done in 43 lacs however we had to pay remaining 33 lacs on possession whereas builder had to give possession by 6 June 2017. Builder gave us possession before 15 days earlier that is on 20 May 2017, we took loan and we registered the same on my mother name. After shifting the new house just few days back we found lots of basic problems like doors do not close properly, electricity fluctuations,water leakage from tabs and many more. Now builder is not resolving any problem. Can I take any legal action against him?
And I want to tell that money we paid through cheque Rs 10 lacs during agreement dated on 6 June 2016 was reversed by builder in mother account on 24 April 2017 and demanded in cash so we gave him in cash. He gave a receiving on A4 size paper of entire 10 lacs amount in cash. Can we do any complain to income tax department for the same?
Asked 7 years ago in Property Law
Religion: Hindu

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2 Answers

file complaint against builder before consumer forum seek orders to direct builder to rectify defects in the flat

2) mention that taps are faulty, leakage problems, etc and that builder has failed to rectify defects in spite of repeated reminders

3)dont complain against builder before income tax department . you had no business to give Rs 10 lakhs in cash

Ajay Sethi
Advocate, Mumbai
96808 Answers
7811 Consultations

List out all the defects found in the property in a piece of paper.

Send a legal notice to the builder mentioning all these defects found while taking over possession of the property.

You may shift the entire responsibility on the builder for all the defects pointed in the list attached.

Demand him to rectify all the defects and may instruct him to rectify at the earliest or else criminal action for breach of trust and a consumer case for deficiency in service shall be made against him for which he will be mulcted with consequences thereon.

If you have made the cash payment and kept quite over it so long, any complaint against him at this stage shall be infructuous owing to the delay in making this complaint.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

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