I have bought a fresh 2bhk Flat in a newly constructed standalone multistory building in Surat in Nov 2014. The building is 5 floor tall with a common terrace at the top. It is not a society but a single building with its common parking in the ground floor. 60% flats are owner hold and 40% flats are unsold by the builder and serving for rents. The building is decaying now with terrace being the verge of collapse at anytime this monsoon. The outer walls of the building is cracked and can fall on any person anytime may cause injury to the building members. The stairs have been deteriorated and cracks are falling down every now and then. The building can cause accident at any time leading to the loss of life of the members. We informed builders and they are not ready to repair the building. They wants to put any agreement with us that we should sign a legal document first that building is in good position and the builder will not be responsible for any kind of building activities henceforth. Once we sign this agreement then he is saying to start the repair work. Please help us here to solve this problem asap.
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It appears to be faulty construction done by builder
2) contact a structural engineer and obtain his report as to quality of construction
3) if he gives report that quality of construction is sub standard then file complaint against builder before consumer forum and seek orders to direct builder to carry out necessary repairs within stipulated period
4) also seek litigation costs and compensation for mental torture undergone by you
5) don’t sign any legal document
- As per rule and RERA, a builder is responsible for the period of 5 years from the date of construction of the building.
- Hence, the said builder is responsible for the damages of the building , as it is looking that the builder has not used good materials for the construction of the said building.
- You can send a legal notice to the said builder for repairing the building , and dont give the said undertaking , otherwise you will loose your opportunity to accused him for the said fault.
- If refused, then file a complaint before the consumer court .
1. Making this agreement would go suit free even if he escapes from the scene leading to collapse of the roof.
3. If after 6 year a building gets to the stage of ruins , the same is gross deficiency of service and unfair trade practice.
3. Therefore it's a good case where you can file case before the consumer forum wherein you would get the relief of full compensation and damages to carry out rehauling of the structure.
4. Inform the local Municipality as well about the dilapidated condition of the property.
The builder will generally wash away the responsibilities after three years of completion of the construction.
The builder is very much aware of the substandard mode of construction that he has completed.
Hence as an abundant caution he is asking you to enter into this kind of agreement.
The builder will escape the liability even if you drag him to the consumer forum for deficiency of service.
Therefore if you are really serious to rectify the damages, you may take a wise decision.
The legal action may take time for getting a solution, in the meantime your building may even collapse.
issue a legal notice to the said builder, if not give the satisfactorily 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. also you can seek compensation
After this agreement, builder will never repair the building.
Serve him with a legal notice and than file a specific performance suit against him for bounding him for repair of required damages
Please make complaint in-writing online to Municipal Corporation, Fire department and Police department informing them about the situation of infrastructure conditions of your building and all flats in details and seek immediate action against Society and members of MC including Builder
You may enter MOU with the Builder and developer of multi story building for repairs of decaying buildings as per your terms and conditions.
You need go check the agreement with builder whether he has took responsibility to take care of the said building. Still you can approach court to seek compensation and maintenance to look after the said building as 5 years are very less.
This is fraud and cheating as a building cannot be damaged in such a short span of time. You shouldn't sign any agreement. Rather file a complaint against the builder in the RERA tribunal immediately.
File suit in consumer court for deficiency of service and cheating by builder.
Dear Sir,
The stand taken by the builder is not at all correct and you are suggested to serve the legal notice and if not done, file the case against the builders for the same.
1. You have an positive option to file a grievance petition against the Builder /Developer, in the local Consumer Court, for their illegal trade practice, negligence, deficiency, harassment, intimidation, cheating etc.... with proper documentary evidences and you can claim damages /compensation & interest on your investment, and for your physical & mental trauma.
2. For the above, all the aggrieved Flat Owners, may arrange for a registered Architect's Survey Report, which should specify the mentioned damages etc....
http://chshelpforum.com/self-redevelopment
3. Based on the above, Consumer Court will direct the builder for repairs compliance's, based on the Architects's Survey Report.
Send a legal notice to builder after getting replay file a case before consumer forum and take out immediate commission for brought out the present stage of the building. Meet a local lawyer who conduct the case before consumer forum .
1. File suit against builder for claiming compensation due to damages suffered by residents due to poor construction quality.
2. Also pray for permanent injunction against builder for getting the Building repairs as soon as possible.
If I file a petition in consumer court then how long will it take to conclude the outcome from the court and will I able to sell my flat while we are fighting the case with builder in consumer court? Meanwhile if we don't fix the building at earliest, there is a good chance of building getting collapsed. We can't afford to stay inside the building in this monsoon anymore. Please give us a solution which is feasible at this moment and anyone bodies to inform about the rotten building before any accident happens.
A case in the consumer forum may take years to get disposed, you may not be able to sell the property during the pendency of the court case.
You first assess the physical condition of the building through a civil engineer , get his report and file a complaint with the local civic body against the builder for his defective construction.
After that you can approach the consumer forum for proper relief and remedy.
- Yes, you can sell the flat even if the complaint is pending before the Consumer court , and time period is depend upon the burden of the court , and your approach.
- You should lodge a complaint before the competent authority like Municipal corporation and further give the same to the builder as well , after writing the present conditions of the building , and thereby mention that if some incident will be happened then you will be not responsible for the same.
It takes around 2 years for case to be disposed of
you can sell your flat after withdrawing your case
obtain structural engineer report about quality of construction then approach consumer forum for reliefs
A writ petition should be filed immediately before the high court. The high court may give you adequate remedy by providing adequate accommodation by issuing orders to the state government.
It may take almost 1 to 2 years exact time can't be projected in legal proceedings. You can seek urgent interim reliefs from court on ground of emergency by showing bad condition of building. For more urgency you can prefer writ petition in high court by involving a govt department responsible for giving permission to suck substandard quality construction
Dear Sir,
The consumer court case may take about 02 years or so for decision and you may sell the flat in meantime informing all the things to the court or new owner. But in general interest you are suggested not sell the flat else the other party/builder may take pleas that you are no more a victim after selling the property. Also, it is suggested to fix the trouble at the earliest and have the photographs/videos plus the accounts of expenses to claim the same from builder.
Two to three years before Consumer Forum.
Fix the problem by taking self initiative, spend money for repairs and maintenance and keep the record for the claim from the Builder.
There is no fixed time set for disposal of cases in consumer courts. It all depends on case to case basis. A case may be disposed in a month whereas some may take a year.
It can take around one or two years to get the decision of Case but you can sell the house during pendency of the case.
File an interim relief application for getting another shelter on builder expenses