Vipul Gupta
Asked May 01, 2017

Builder has not started lift construction despite taking money

  • 2 Answers
  • 324 Views

My parents had purchased a flat in October 2015 and we had paid the builder fully. We have also taken loan of Rs 14 Lakhs. Total cost of the flat came to be 22 lakhs . At that time the builder said as soon as we started living in our flat rest of the things like electricity work , parking work and Lift work would be completed. But now its been 1 and a half years and the lift work has not even started yet . My parents cannot use the stairs due to some reasons. I have asked the builder to complete the lift work within 1 month , but still the work has not started. Please suggest me what to do now. I really do not know where to go and how to get the work completed through the builders. With Regards Vipul Gupta

Answers 2

You should send them a legal notice demanding the same. In case he still does not perform his contractual obligation, you can file a suit for specifc performance and in addition can seek damages for breach of the terms of contract.

Agree Comment 0 Agrees over 3 years ago

Provision of promised amenities is the duty of the builder and you can hold him liable if he fails do so. You can issue a legal notice for non rendering of adequate service. You may also approach the Consumer Court if he fails to positively respond to such legal notice. However, it is important that the agreement or contract comprises of the alleged services as in its absence it would be difficult to establish deficiency of service as promised.

OC and CC i.e., Occupation Certificate and Construction Certificate are two important and mandatory legal documents for a valid transfer of any property. CC is a document attesting to the fact that a new building has been constructed and completed according to all the safety norms and regulations of the Buildings Act. According to Model Building Bye-Laws (MBB) 2016, barrier free environment including parking, building requirements and lifts are the salient features of MBB and hence, in the present case, you can also file suit for failure to complete construction of the flat including completion of lift and parking and electricity work.

 

Agree Comment 0 Agrees over 3 years ago

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