We did give a construction to a second circle cousin who was an architect . On behalf of asking for an agreement they never did that always said it's OK we do the best why a this agreement n all they never gave any . They closed their company too.few months back They started our building construction in 2016 and gave position in 2019march . Half baked claiming for some extra amount so we discontinued them . Now we have shifted to the new home past 3 months and facing lot of quality issues like roof dampness , roof muddy rework , balconies also same and water runs thru the utility directly into kitchen during rains , most of the tiles are not fixed properly , most of the walls are not 90° plastering is horrible paint is a tough job , slopes of all the areas are horrible not at all into drain hole . Since we don't have any document or any proof . Is there possibility of filing a case against them for this kind of horrible work . some part of the payments were cash transactions n most of it was IB . I know they don't repay anything paid to them but they should not do repeat this for others hard earned money is my concern . This has happened to 5 people of our family and 3 are suffering already
We have waited for 3 years , we have paid emi during that period it's a financial loss as well as an emotional pain due to delayals , now again quality issues we need to teach them a lesson
You can file a consumer case for deficiency in service
The proof is the transactions made through bank and you can even mention about the case payment for the construction work.
Whether you will get any relief or not, you may better file the case, let them anser the court.
You should not wait to file the case before consumer forum beyond two years.
You may take steps to file the consumer case immediately so that you dont lose the opportunity.
Yes you can claim compensation and deficiency of service under consumer protection Act.
Issue your cousin legal notice to rectify leakages in your house on account of faulty construction
2) enclose photographs of leakages on account of faulty construction
3) if he refuses to rectify leakages file suit for damages and claim loss suffered by you
File suit for damages as mentioned herein above
1. If there is documentary proof of payments and their involvement in raising constructions on your behalf then it is a fit case for deficiency of service for which you can file a case before the consumer forum.
2. Before the consumer forum you have the option of seeking damages, compensation and money to make good the loss caused to the property.
3. So without delay file a case before the consumer forum seeking such releif. Yu have fair chance of success and getting compensated appropriately.
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
You have a fit case to go for the complaint in consumer Commission or consumer forum whatever is the case in case your claim amount is more than 20 lacs and you can file your complaint in Commission otherwise you may file complaint under consumer forum you can claim the legal charges and the compensation for the service standard quality of construction as this is implied agreement you can bring them to the justice
You must fill a petition in consumer court. There's no contract but is there some Bank transaction? That would be sufficient proof of existence of a contract
See you can file a consumer complaint claiming damages and compensation for the sub standard quality of the work.
They have to pay for deficient services and they have to compensate you.
File q complaint and proceed against them before the forum.
Dear Sir,
You get issue a legal notice and threaten to approach consumer forum for necessary reliefs.
- Since, there is no agreement for the said construction, hence they are not bound with any arised issues.
- How, if there are some evidences for payment and work, then you can proceed against them on the basis of oral agreement as well.
- Firstly, issue a legal notice to them ,on behalf of all the sufferer , and asked them to rectify/reconstruct the damaged portion, and thereby warned them , that in case non comply the notice , then you people are bound to take legal action against them.
- Further , if no response from them, then you should file a petition for Damages, compensation, in the Consumer Court .
- You should also lodge a police complaint on behalf of all the sufferer , for cheating and breach of trust against them.
Hi,
On the basis of bank transactions, telephonic records and messgaes, whatsapp it can be very well established that you got the work done by the said architect and you may claim the compensation through consumer court.
You can issue notice to your builder seeking the rectification of the issues raised by you.
If possible take photos of the said problems and append them to the notice.
If the builder does not respond to the notice, you can initiate court proceedings claiming damages i.e., file suit for damages.
immediately move to Consumer court in your district and lodge a complaint against him with the help of advocate. At Present U can file Consumer Complaints Through Online also.
before filing complaint in consumer court issue a legal notice through an advocate
You should lodge a complaint case against your cousin in consumer forum to claim compensation for bad quality work in your house
