Real estate fraud issue against the builder who did not build as per the instructions. Real estate fraud issue against the builder who did not build as per the instructions.

2 years ago

In 2015 the builder had agreed to build an RCC house of 1000 square feet at the cost of 400 rupees per 1 sq. feet. The total cost estimated was rupees 4 lakhs. the construction was completed in on march 2016. But the house was not in exactly as it was planned. the builder has constructed the house in 400 sq. feet and has charged the owner rupees 1000 per sq. feet. There was no on paper agreement signed. But owner has paid amount of rupees 4 lakh through the bank so the owner has amount transferred evidence. So the question is can the owner complain against the builder? what evidences are necessary? is this case can be filed in 2021 today or it is time bound? please help me as amount is too big for me.

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
You may get issue a legal notice and threaten to approach Police and civil Court. With available evidence you may approach the Court. Oral evidence may also be received by the Civil Courts.

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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.A Consumer complaint has to be filed within two years from the date on which the cause of action/ deficiency in service/defect in goods arises. So after giving notice to that Builder claiming compensation on the ground of deficiency in service, if you are going to file the complaint now before the District Consumer Disputes Redressal Forum,then sufficient reasons have to be shown to condone the delay in filing the matter.
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Anik

Responded 2 years ago

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A.Hello
If you are to satisfied with the builder then you could file a complaint against the builder under the RERA act, which specially protects the rights of people like you suffering from such problems.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hello
The evidence necessary for your claim would be the agreement papers but they are not available in your case. So you could proceed with the proof of amount transferred and proceed with filing a case against the builder.
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