Poor Construction Quality of Flat
4 months ago
I purchased a flat in Ahmedabad at ₹172000 + ₹20000 maintenance in 2022 and got possession in 2023. Now I found that there are several cracks on walls, and damps on walls. Also, I feel that poor quality materials have used in construction ( more sand and very less cement). Please advice what to do and where to file complain to get maximum compensation. What will be the approximate legal cost for the entire process?
A.I can offer some general guidance on what you might consider doing in such a situation. It's important to consult with a legal professional for advice tailored to your specific circumstances and jurisdiction.
Document the Issues:
Take clear photographs of the cracks, dampness, and any other issues.
Gather any documents related to the purchase, construction, and maintenance.
Contact the Builder/Developer:
Notify the builder/developer about the issues in writing.
Request them to inspect and rectify the problems, especially if the property is still under warranty.
Consult a Structural Engineer:
Hire a structural engineer to assess the extent of the damage and provide a professional opinion on the construction quality.
Legal Advice:
Consult with a real estate attorney to understand your legal rights and options.
Your attorney can guide you on whether to approach consumer forums, civil courts, or any other appropriate legal avenue.
Consumer Forums:
In India, you can approach the consumer forum (National Consumer Disputes Redressal Commission or State Consumer Disputes Redressal Commission) for grievances related to the purchase of goods and services.
RERA Complaint:
If your property falls under the Real Estate (Regulation and Development) Act (RERA), you can file a complaint with the appropriate RERA authority.
Legal Costs:
Legal costs can vary based on the complexity of the case, the expertise of the attorney, and the duration of the legal process.
Your attorney can provide an estimate of the legal costs involved.
Remember, the information provided here is general in nature, and you should seek advice from a legal professional who can consider the specific details of your case. Additionally, real estate laws and consumer protection mechanisms can vary by location, so it's crucial to understand the regulations applicable in Ahmedabad or your specific jurisdiction
Document the Issues:
Take clear photographs of the cracks, dampness, and any other issues.
Gather any documents related to the purchase, construction, and maintenance.
Contact the Builder/Developer:
Notify the builder/developer about the issues in writing.
Request them to inspect and rectify the problems, especially if the property is still under warranty.
Consult a Structural Engineer:
Hire a structural engineer to assess the extent of the damage and provide a professional opinion on the construction quality.
Legal Advice:
Consult with a real estate attorney to understand your legal rights and options.
Your attorney can guide you on whether to approach consumer forums, civil courts, or any other appropriate legal avenue.
Consumer Forums:
In India, you can approach the consumer forum (National Consumer Disputes Redressal Commission or State Consumer Disputes Redressal Commission) for grievances related to the purchase of goods and services.
RERA Complaint:
If your property falls under the Real Estate (Regulation and Development) Act (RERA), you can file a complaint with the appropriate RERA authority.
Legal Costs:
Legal costs can vary based on the complexity of the case, the expertise of the attorney, and the duration of the legal process.
Your attorney can provide an estimate of the legal costs involved.
Remember, the information provided here is general in nature, and you should seek advice from a legal professional who can consider the specific details of your case. Additionally, real estate laws and consumer protection mechanisms can vary by location, so it's crucial to understand the regulations applicable in Ahmedabad or your specific jurisdiction
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A.Dear Client,
If the flat you bought is a registered project of RERA, then as per sub-section 3 of Sec.14 of RERA Act, 2016, a builder or developer is liable to fix/repair any defects brought to his notice by a homebuyer within five years from the date of possession without further charges. Accordingly, in the given situation, a Buyer of the apartment can file a complaint under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer claiming necessary repairing and renovation arising out of defective and substandard construction and compensation for the deficient service of the builder. The complaint may also be filed before the Consumer Court against the Builder over alleged deficiency in service claiming compensation for harassment within two years from the date of the cause of action. It may be noted that you cannot raise your complaint/claim simultaneously before the Consumer Forum and RERA for the same cause of action at a time. Reach out to an Advocate for guidance and steps.
If the flat you bought is a registered project of RERA, then as per sub-section 3 of Sec.14 of RERA Act, 2016, a builder or developer is liable to fix/repair any defects brought to his notice by a homebuyer within five years from the date of possession without further charges. Accordingly, in the given situation, a Buyer of the apartment can file a complaint under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer claiming necessary repairing and renovation arising out of defective and substandard construction and compensation for the deficient service of the builder. The complaint may also be filed before the Consumer Court against the Builder over alleged deficiency in service claiming compensation for harassment within two years from the date of the cause of action. It may be noted that you cannot raise your complaint/claim simultaneously before the Consumer Forum and RERA for the same cause of action at a time. Reach out to an Advocate for guidance and steps.
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