• Low quality construction materials

Hi Sir , 

In the year 2011 we have purchased 200 cement bag's from Local merchant . He has provided low quality cement bag's , Which we get to know after 7 years as we had cracks in the building and we got inspected by Civil engineer in 2019 . So we dont have any cement purchase bills right now .So can we file a case against Cement merchant .
Asked 6 years ago in Property Law
Religion: Hindu

7 answers received in 1 day.

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15 Answers

See if the purchase can be proved or alternatively payment can be proved for the purchase you can file a consumer complaint against cement merchant to recover the damages from him.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You need bills to prove that cement was purchased by you from the contractor 

 

in absence of bills you would not be able to prove your case of defective goods supplied by contractor

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Cracks on wall may occur for many reasons for which inferior quality if cement may not alone be responsible.

Moreover after 7 years you can not prove that the cement was supplied by this particular man.

So it is better to forget this chapter due to lack of proper remedy after such a long time.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

If you have made payments to him and can show the payment entry that will also suffice

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

  1. You don't have the bills
  2. Time frame is more than 7 years
  3. Any businessmen can keep the bills maximum 3 years for his records.
  4. Plus Cement and build construction there is long procedure of construction.
  5. To construct a wall cement, sand, and rock is mixed and this mixture should be in well proportionate otherwise wall has crack on it.And there are further so many reasons, like proper water pouring, climate etc.
  6. Who said cement was not good ?

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Without Bill's how will you prove from where bags purchased. Issue legal notice, quite possibility, they may reply confirming the quality of cement , this way you will get proof. Than can file suit sitting report of engineer.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

if you want to file a complaint before the consumer forum you should have a bill . 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can file a case against him. He needs to pay for your damages

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

contractor is correct that warranty is of 5 years 

 

you have no evidence to prove contractor guilty 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

You can file case against contractor's that he one who knows the cement and mixing the mixture for pillars or wall and use the cement accordingly.

 

I think RERA come after your completion of project so how RERA will be applicable?

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

RERA is applicable to supplies after RERA came into effect. Secondly, this rule dose not applies to supplier but builder who provides flat.

Dose not mean from whom he purchased, if he is selling his liability only. ANd same cement used for both pillars and wall.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear 

If you don't have the bills of cement how will you prove that cement was purchased from that particular merchant. 

So in this situation you cannot claim any compensation from the merchant.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If at all it was a sub standard quality you should have taken action immediately and not after seven years at your convenience.

No case may be maintainable at this belated stage hence you may not waste more on litigation.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

In my opinion any legal action you may propose to initiate against this issue may not fetch you fruitful result, all your efforts will be in vain due to various factors involved in this.

Hence you may think twice about it and take wise decision at right time.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

See since time has passed he can take defense for same but you can still file a claim explaining the delay why was it not reported previously. 

See he has sold it to you he is responsible see you can take chance and file complaint against the said person. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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