Chance of Claiming refund on Failed Building repair work. Chance of Claiming refund on Failed Building repair work.

2 years ago

Dear Sir/Madam,

I would like to introduce myself as Sathish from Chennai. I have mentioned the details below.

1. I took the service of New Hi-tech Building Solutions for repair work and application of waterproofing coat activity for my terrace, balcony and window slabs last year on Feb 2020.

2. I have asked for Sunanda product waterproofing but he recommended Dr. Fixit Product New Coat and he told he is the authorised applicator of Dr. Fixit and shown me ID card with Dr.fixit symbol. He also told, waterproofing comes with 5 Year warranty from Dr. Fixit Company itself. Total square feet comes around 1300 sqft. Roof alone comes around 1051 sqft. That time the charge was Rs. 75/- per Sqft.

3. Before the waterproofing work he said the top layer of the roof (above brick jelly) is not good and replaced the top layer(layer of small stone chips jelly and cement sand screed) completely with extra cost and above that waterproofing has been done with Dr. Fixit product Top Coat. He told, if the top layer is replacd then there will not be an issue for next 10 years. Also he told that he will reduce the waterproof rate to Rs. 65/- per Sqft. After a lot of delay and dragging, he completed his work on September 2020 and given me a 5 year Warranty Certificate(Printed with Pidilite Authorised Applicator and logo of Dr.Fixit symbol) for waterproofing coat and said all your details will be registered with Dr. Fixit and it will take some time to reflect. But he used only the Dr. Fixit product for waterproofing since few buckets are with us too. Total cost for roof work comes around 2 lakhs for roof work alone.

4. This June 2021, I had a leak in the kitchen, room and dining area after 2 hour of rain. None of the layer have stopped the leaks(Cement works as well as Waterproof layer). It become worse than earlier issue, before the work we used to have only dampness in ceilings but now after the repair-work its literally dripping. This is because when they remove the old layer they have break it as a big piece by giving tension with the big rods instead of small pieces. Because of this, lot of new cracks has been developed.

5. I have asked my applicator to fix the issue. After a long follow up, he fixed the issue by coating the cracks using waterproofing material. Again, few days after I have got the same issue. He came and painted with waterproofing material in specific cracks which seals the leaks in kitchen but the other cracks are there as it is and also new cracks are developing, because of this iam getting a leak in bedroom and severe dampness in hall now. Any time leak will happen in any place. He said, he'll come and fix the other cracks later, as it needs to attend in cement layer before applying water proofing material. He also said full terrace water proofing coat will be done again on top of the old coat as it has a lot of cracks by himself.

6. After few weeks, to fix the issue, i have reached my applicator but he said Dr. Fixit Company is not providing waterproofing material and to work on cement layer, entire cement work which was newly laid has to be replaced, which is not acceptable at all since it was newly laid by him 8 months back usually that comes up to 10 to 15 years, atleast 5 years. So i thought of reaching the Dr. Fixit Company to know the details why they are not providing the material since iam having the warranty and they provided the complaint no "CC210915618".

7. Dr. Fixit company guy name Mr. Ezhil called me and said they couldn't recognise the Applicator as authorised person and couldn't find the warranty details. He also said, he'll check with other people in Dr. Fixit whether the applicator is working with them or not. He also told that "top coat" and "new coat" is two different waterproofing product. He said the rate you have paid is higher (Almost 100%, normally it is Rs. 30 to 35 per sq.ft) than what company has fixed for the product they have applied.

8. Again after 2 Months, Dr. Fixit manager Mr.John called me and informed that the applicator is not authorised and he was telling me to deal with the applicator itself instead of reaching Dr. Fixit. I told Mr. John all the previous conversation with Mr. Ezhil. He confirmed that he will send the technical person to our site. Mr. Ezhil and technical person reached and inspected our site. They told workaround to fix the crack. They also told the rate you have paid is almost double the amount so better to follow the applicator to fix the issue. To get the company warranty, you have to come through Company directly not from applicator.

9. Its almost 6 months now, Still i'm following my applicator on phone but he is not picking up. Sometimes he'll send message like "i'll call u later" or "Iam not well" if i rang him continuously. If he speaks also he will tell like he is in Hospital (or) his employees is not well. Last call he picked was on 17th November. and he said he need 10 days time as he is taking physiotherapy now.

10. As the monsoon started, i have no other option now, i have bought the Roof Seal Top coat and applying myself to seal the cracks. But this is only temporary fix.

11. To Fix the issue, i have to redo the work completely now including cement layer and waterproofing layer which will cost again around 2 lakhs.

11. The total amount spent for all the repair work is 4 lakhs and for the roof alone its around 2 lakhs. Right now the issue is with the roof cement work and the waterproof coating. We have done online fund transfer of 3,18,000 to the his account (Not sure his company account or his own account). He didn't provide any bill copy but he gave warranty certificate for 5 Years for waterproof coating printed with Pidilite Authorised Applicator and logo of Dr.Fixit symbol which is faked.

Can i raise complaint against him to get the refund for terrace work. If i can raise then how long will it take to complete the case. How much do i have to spend for this case. Is there any chance that the case will get backfired on me. Please let me know

Thanking you in Advance.

yours sincerely,
Sathish G.

Abhimanyu Shandilya

Responded 2 years ago

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A.Mr. Sathish G,

You can approach a lawyer and initiate a consumer case against the service provider for deficiency of service. Collect all the relevant documents and approach a lawyer who can file a case in the consumer commission for you. Depending on the documents the lawyer will be able to tell you where do you stand for winning the case.
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