I am writing to seek your legal expertise regarding a critical situation involving my 2 BHK flat in Surat. The property, purchased in 2014, is part of a building constructed in 2012. Unfortunately, the building has significantly deteriorated due to the use of substandard construction materials by the builder, putting it at imminent risk of collapse, especially during the current monsoon season. The building comprises 40 flats, of which 65% have been sold to customers while the remaining flats are still held by the builder and rented out. Concerned about the safety and structural integrity of the building, we, along with other residents, filed a legal case against the builder, demanding either repairs or financial compensation to cover the necessary repairs. Regrettably, after a prolonged legal battle lasting four years, we lost the case. Presently, the Surat Municipality is actively identifying buildings at risk of collapse and has indicated that such structures will be demolished to ensure public safety. If our building is identified and subsequently demolished, we stand to lose our property without any compensation. Furthermore, our property insurance does not cover demolition or collapse of the building unless it is caused by natural calamities. Given the dire circumstances, we are at risk of losing our property and investment. We urgently seek your guidance on the following matters: 1. Possible legal recourse to hold the builder accountable for the substandard construction and resultant structural degradation. 2. Steps we can take to potentially overturn the previous court decision or to pursue new legal avenues for compensation. 3. Legal protections or remedies available to us if the Surat Municipality decides to demolish the building. 4. Advice on any immediate actions we can undertake to safeguard our property and rights. Your prompt assistance and guidance in this matter would be greatly appreciated. We are eager to explore all possible legal options to resolve this critical situation.
If your suit was dismissed file appeal against impugned order
2) you cannot file fresh case in respect of same cause of action
3)obtain structural auditor certificate as to condition of building
4) if auditor states building need not be demolished then you can obtain stay against demolition order
1. Your case against the builder has been dismissed, it is not known that why and for what reason, hence you may better consult your advocate and file an appeal against it.
2. Prefer an appeal if it is recommended by your advocate.
3. You obtain a stay order agaisnt the proposed move and try to get the property renovated.
4. Consult a structural engineer and obtain the structural report of the building and take actions as suggested
You can file consumer complaint for deficiency of service
Dear Client,
Given the complexity and urgency of your situation, I recommend consulting with a legal expert who specializes in property law to explore the best course of action tailored to your specific circumstances. Should you require any further clarification, please do not hesitate to contact us.
1. Case for compensation and damages in consumer forum.
2. same as above.
3. same as above
4. File immediately.
- The Consumer Commission has directed a private builder in Kerala to pay Rs 10 lakh to a home buyer for delayed and poor quality construction of the house.
- Further, as per section 14(3) of the RERA Act, the builder/promoter is liable to rectify the defect without further charges.
- Further, this rectification of the improper or poor construction quality needs to take place within 30 days of the issue being reported by the buyer.
- Further, if the promoter/builder fails to rectify the defects within the prescribed time, the buyer is liable to receive adequate compensation under the Act.
- Hence, you can approach the RERA, against the said poor construction, and also can file a complaint before the Consumer Forum as well on the ground of deficiency of services.
- However, after forming a society, the Society should approach the RERA or Consumer court.
- Further, if you have already filed complaint and court has dismissed then you can approach higher court against that order of dismissal.
There is a previous suit which appears to have been filed for claiming damages from the builder, which the residents lost
So the only legal option is to file an appeal against the final judgment passed in above suit and NOT a fresh suit
The builder's liability will be restricted to the defect liability clause , If any , in the contract entered into with the flat purchasers
Beyond that the builder is not liable
If the corporation takes steps to demolish the building, then nothing can be done . Even the High court will not help. Because ultimately it is about saving the lives of not only the building residents but also the passers by and other local residents
So the best option would be to either repair your building by chipping in contribution by each flat owner OR go for redevelopment, after determining the redevelopment potential of the prooerty.
If you opt for redevelopment then the builder to whom the redevelopment would be entrusted , would provide transit premises or rent during the period of construction of new building.
