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.
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 .
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.
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
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.
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.
hi Sir , Thank you everyone for your feedback .. As we had a conversation with cement vendor what he is saying is i have a supplied a cement which should be used for construction of wall , Not for the construction of Pillars .. As the brand cement which i have supplied is for construction of wall's only not for construction of pillars . He is pointing mistake on us 2) And he is saying according to RERA or Real Estate (Regulation and Amendment) Act, 2016 rule , a contractor can give 5 years warranty regarding structural flaws ... So after 5 years it is the responsible of house owner it seems . So as i have not reported within 5 years .. i dont have any option it seems . Is that true ? 3) He is saying that he has purchased the cement from 3rd party .. and he is telling how can he give the assurance regarding the quality of cement .. which has been purchased from 3rd party . So please help us how can i proceed .. is there any way i can prove him guilty ..
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?
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.
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.
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.
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.