No you cannot hold the builder liable as he is not the vendor to you
If there is issue in construction of a flat bought on resale, can we hold the builder liable?
I have bought a flat 5 years back on resale and I am the third buyer of this flat. The slab/ceiling of the flat is not constructed properly and it had fallen down in this month. We have earlier repaired the cracks on ceiling, but now the inner slab itself has fallen which means the construction was improper. Also the sintex tank is fitted in such a manner that when water is supplied there is hardly any water flowing in, all the water we get is by collecting through tap and storing in drums thus making life miserable. Because of these problems we have been staying in another house for 2 years now. But we cannot leave this issue as we have spent for this flat. I am unaware how can I resolve these problems. Can I complain to the builder for improper construction.
Asked 6 years ago in Property Law
Religion: Hindu
10 Answers
There is no privity of contract with the builder
you have bought flat on resale basis
after period of 5 years builder would not rectify defects in the flat
in your sale agreement or sale deed its having clause or terms and conditions regarding use the standard material in the said apartment in respect of your flat, you have every right to get justice, before going to move you have to issued a legal notice to the said builder, if not give the satisfactorily answer/reply, thereafter you have to file petition before the district consumer forum for claiming the damages, mental agony and to repaired it at the cost of the builder.... and compensation for the same.
This comes under deficiency of services and hence a complaint can be filed in the state consumer protection forum. The builder and the person the sold you should be made parties.
Regards
See you are third party buyer though builder is not directly liable to you for the default you can file a consumer complaint for deficiency in service against the seller and the builder.
please be aware that the Builder is responsible for the defects in the building up to the defect liability period which is two years and beyond that period he cannot be held liable until and unless there is a technical issue and this should be verified by the development authority so in case you are facing any problem in the building which is technical in nature you need to approach the development authority of the area and lodge a complaint in this regard
Hi, you can file a complaint before the RERA bench for seeking compensation
If the said builder is not constructed properly you can claim compensation from consumer court
How can you raise complaint to/against builder. Builder never offered or agreement executed with you to deliver constructed building with such condition.
Even if poor material has been used by builder, no cause of action to you but only first owner.
The association is collecting funds for carrying out major repairs of the building called corpus funds.
They are collecting maintenance amount also every month besides corpus funds. You may report this matter to them and ask them to assist you to get it repaired at least to extend support to half the expenses. Let them give a reply after which you can plan legal action if need be.
