• Builder is not responding

We purchased a flat in 2023 Dec and since then we have occupied the facility. We have noticed multiple issues like seepage, land scaping, civil works, lack of cleanliness, when it rains, the rain waters enters and building leaks badly and other leakages in the community and multiple complaints regarding the quality are raised but the builder is never responding to any emails. Now in Jan 2025 he proposes to start the maintenance which he has collected in advance at the time of registration. We have been requesting him to share the auditing financial statements so far for transparency on the maintenance amount collected so far from all owners and details about unsold flats, but builder continues to be non-responsive. Also car parking is not yet allotted but he says maintenance will be charged . Multiple emails are sent but he does not respond to anything.
Asked 12 months ago in Property Law
Religion: Hindu

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15 Answers

Here are the legal and practical steps you can take:

1. File a Complaint with RERA (Real Estate Regulatory Authority)

  • Builders are obligated under RERA to deliver properties free of structural defects and provide transparent financial details about maintenance funds.
  • File a formal complaint with Telangana RERA, citing the defects, non-responsiveness, and lack of financial transparency.

2. Issue a Legal Notice

  • Send a legal notice to the builder demanding a resolution of the issues, financial disclosures, and car parking allotment within a specific timeline.

3. Approach Consumer Forum

  • If the builder fails to act, file a complaint in the consumer forum for deficiency in services and unfair trade practices. You can seek compensation for the inconvenience caused.

4. Form an Association of Owners

  • Unite with other flat owners to form a registered association or society. This collective approach has legal standing and strengthens your case when dealing with the builder or filing complaints.

5. Escalate to Civil Court if Necessary

  • For unresolved issues like financial mismanagement or pending allotments, consult a lawyer to initiate legal proceedings in civil court.

6. Contact Local Authorities

  • For urgent issues like structural safety and cleanliness, report to local municipal authorities or fire and safety departments.

Take immediate steps to document the issues with photos, emails, and any communication to build a strong case.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Aman Verma
Advocate, Delhi
502 Answers

You can file consumer complaint or complaint to rera. First send a legal notice 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Issue legal notice to the builder to rectify the leakages in your flat on account of sub standard quality of the work done in the building,

2) if he  refuses file a complaint against the builder before the consumer forum and seek orders to direct builder to rectify the leakages in your flat,

 

3) also the compensation for the mental torture undergone by you,

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Issue, legal notice to the builder,

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Builder is bound to rectify the leakages in your flat

contact the local lawyer for filing complaint before the consumer forum

 

the local lawyer can guide you as to the time taken for disposal of your complaint,

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Reputation of builder is not a factor that will affect merits of your case. It works against builder as his reputation is at stake. You can approach District Consumer Commission under new Consumer Protection Act, 2019 as this is clear deficiency of service. There is also criminal misappropriation as accounts are no furnished. Any complaint  in RERA is time taking. Better to approach District Consumer Commission.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

If the project is registered under RERA, then till the completion of 5 years,  the Developer has to take the responsibility to repair/replace seepage, civil works, etc., at his cost on your complaint to RERA.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

These come under deficiency in service hence you can very well initiate legal action against the builder through consumer DR Commission, before that you issue a legal notice through an advocate to the builder (not through email) demanding the builder to rectify the problems failing which you can initiate legal action s suggested

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Why do you go for alternate action when you can take a straight action by issuing a legal notice to the builder demanding him to do the needful.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The ones what you face are due to the defective constitutions, hence builder is liable o rectify ther same. 

The builder cannot claim immunity just becasue of his tall reputation.

If the builder is not responding to the legal notice also then you collect evidences to prove the deficiencies in construction  through a structural engineer and proceed for filing a case before consumer court seeking compensation and other reliefs. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

- Consumer Commission of Kerala has directed a builder 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 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 Consumer Court or RERA, against the said builder for the poor construction. 

- However, before filing the complaint you can send a legal notice to him. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

  1. Legal Notice: Send a formal legal notice through an advocate demanding action on pending issues, transparency, and parking allotment.

  2. Consumer Forum: File a complaint with the Consumer Commission for deficiency in service and compensation. It’s affordable and effective for such cases.

  3. RERA Complaint: File a complaint with RERA Telangana for non-compliance with obligations, especially for maintenance and unsold flats.

  4. Apartment Owners' Association: Collaborate with other flat owners to form an association and take collective legal action.

  5. Time & Cost: Consumer/RERA cases take 6–18 months. Costs depend on the lawyer but are generally reasonable for these forums.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
2070 Answers
14 Consultations

Dear Client,

To
deal with the builder's unresponsiveness and unresolved issues, begin with a legal notice forrectification of defects, car parkingallocation, and transparency inmaintenance funds. If he does notoblige, lodge a complaint before the Consumer Commission for deficiency in service or RERA, since these forums are cost-effective (₹1,000–₹5,000 filing fee and legal fees ₹50,000–₹1,00,000) and the time taken to dispose of the case is usually 6–12 months. Meanwhile, collaborate with other flat owners to form a residents' association for joint action; this can increase the pressure on the builder. The last resort would be a civil suit for damages or specific performance, butthis is more expensive and takes more time. You have a very strong case with good documentation, and RERA or Consumer Commission would be the most effective route. Please let me know if you need help with filing or representation.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

I recommend sending a legal notice, as, in the majority of cases, issues can be resolved at this stage itself.

Aman Verma
Advocate, Delhi
502 Answers

Send the builder a legal notice first. This should be done before going to the COurt straightway.

 

The legal notice might just help, and open the dialogue between you and the builder and he might just get ready to remove the defects. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

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