BUILDER DISPUTE –A SERIOUS THREAT
In recent time with introduction of concept of globalization we have witnessanincrease in the number of plaintiffs harassed from builder, desire to initiate a case against a builder. Numerous of them have related complaints such as stay in ownership of their property, ignorance from the developer, and incomplete projects due to lawsuit, escaping builders, poor quality construction so on and so forth.
Seeing the gravity of situation we decided to makes the general consumer aware of drawbacks in dealing with a builder and remedy against them, by providing best advocate for builder disputes in Bangalore.
As per a breakthrough decision passed in 1993 in the case of Lucknow Development Authority vs. M.K.Gupta, the Honourable Supreme Court of India delivered a rulingasserting that “all builders/contractor(s)/all concerned authorities of any State engaged in Housing Construction activity in any manner are amenable to Consumer Protection Act, 1986 for any act or omission relating to housing activity such as:
“Delay in delivery of possession, non-completion of construction within the stipulated time, defective and faulty construction and more…”
Following situation can be enumerated where property buyer can file case against buyer-
The International Consumer Rights Protection Council has enumerated down the following basis in which you can bringauseless property developer to the Consumer Court:
- When relevant sale agreement is not executed lawfully notwithstanding having received a substantial advance amount
- When copies of all relevant documents are not issued viz.; agreement, power of attorney, sanctioned plan (by related Regional Authorities), details of construction materials/design as per sanctioned plan and any other relevant documents
- Price higher than the amount negotiated.
- When the receipt for amount paid is not issued within reasonable time
- When quality of construction is not as per the standard.
- When house is not delivered as per the industry standard.
- There is no free parking space in the premises.
- Water storage tank is not under the provision.
- Proper ventilation and light is not provided.
- Possession is not provided within stipulated time.
- Not obtaining completion certificate is not obtained from the concerned authorized architect.
- where Occupancy Certificate is not issued at the time of delivery of respective flats/house to its occupants
- Where expenses is not declared against which the contractor collected money
and there are many more instances as such where you can help of best builder disputes lawyer in Bangalore to solve your issues.
With constructors coming under the section of being a service provider, the procedure of initiating a consumer court complaint against them is similar as with other service providers. To take a legal action, you need to follow the following steps:
- Frame a well drafted Legal Notice to the builder asserting your reasons of dissatisfaction.
- Wait for a reply for the define time from the other party.
- Where response is not given, draft a petition stating evidences and facts with the assistance of expert legal advice
- You can Approach the Consumer Court and file your petition against the builder.
So need not worry when you have property dispute problem because legal resolved provide you best legal service.