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Author Topic: Builder Not Rectifying Defective Flat  (Read 2047 times)

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Offline MB

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Builder Not Rectifying Defective Flat
« on: April 06, 2013, 07:17:03 AM »
I bought a resale apartment that was brand new. This sale was facilitated by the builder who refused to let me meet the seller. Soon after moving in, I observed cracks and big holes that civil engineers claim is due to bad material used. The builder is refusing to correct this flaw. What should I do?

Offline advamrita

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Re: Builder Not Rectifying Defective Flat
« Reply #1 on: July 28, 2013, 09:03:57 PM »
send a legal Notice stating the defects and asking him for repair. if he does it fine if not
kindly note you have to file within 2 yrs from the date of cause of action or else you will be time bound

Offline Advokaterajiv

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Re: Builder Not Rectifying Defective Flat
« Reply #2 on: November 27, 2013, 02:36:01 AM »
This is a case of mis-representation. And according to Section 19 of Indian Contract Act, 1872, “When consent to an agreement is caused by misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused. A party to contract, whose consent was caused by fraud or mispresentation, may, if he thinks fit, insist that the contract shall be performed, and that he shall be put on the position in which he would have been if the representations made had been true.”

So, as per this section you are left with two choices either to rescind the contract and ask for your money back. However, if you don’t want to do that, then you may ask for the loss to be undone, which is apparent from the second half of the section. By this you can ask him to arrange for the necessary repairs or in the alternate pay for the same.

It has been held in the landmark case of Sorabshah Pestonji vs The Secretary Of State For India that in case of contract concluded as a result of mis-representation, there are two remedies: (1) avoidance or rescission, and (2) completion and the enforcement of the representation.
Apart from that you can also go to the Consumer Forum, claiming deficiency in services.

Regards,
Adv. Rajiv Malhotra
www.lawkonect.com

 

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