Are you having a dispute with your contracted builder? Then there’s nothing to worry because disputes and disagreements are the key features of contracts. Every person is different from another and so are their thoughts. Therefore, arising of disputes between two parties is not a new thing. But these disputes can cause some serious troubles for the buyer if not handled carefully. If you have tried almost everything to solve the dispute with your builder but no change has been made then you must file legal notice against builder implying that you are ready to bring that builder in the court.
Various remedies available:
The buyer being the victim of unlawful and unfair trade practices of his builder can move towards or approach the below mentioned forums in order to get his complaint redressed:
- He can go for filing a legal suit in the civil court of law.
- He can even file his complaint in any suitable consumer forums.
- The option of filing a grievance before the commission of competition is also available.
- The sufferer can even approach any of the regulatory forums.
- He can also file a case of criminal nature.
Common reasons why disputes arises between the buyer and the builder:
- Builder’s work being sub standard or below standard.
- Carrying out some construction work without the approval of the buyer.
- Constructions on those lands which are illegally acquired.
- Doing fraud while booking.
- Hidden charges.
- Cancelling certain projects or bookings.
- Forfeiture certain sum of money.
- Late delivery of possession.
- Creating any interest related to third party.
- Not giving certificate of completion.
How to file a case or complaint in the court of law against the builder?
The builders are considered as a service provider; therefore, the procedure of filing case in the court will be the same as followed in filing case against another service provider. For the purpose of filing a case, the person is required to stick to the steps mentioned below:
- Send a legal notice to your developer while explaining the reasons for such notice. The notice should be well-drafted.
- Wait till the response of the builder is received.
- In case of no response, set up a petition in which various evidences and facts should be stated.
- Proceed with approaching the court of consumers and file the prepared petition against the developer.
All the above steps should be carried out with the help of an experienced lawyer and any other legal expert.
Generally the clients continue to be in dilemma that is, whether to go for legal proceedings against the builder or not? The reason for their hesitation is long processing of legal suits and sometimes they are afraid of getting against the developer. But one should keep calm and be confident while filing a case in the court of law as there are various remedies that the sufferer can avail.