CONSULT THE BEST BUILDER DISPUTES LAWYERS IN INDIA

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Lawyers for Builder Disputes in India

If a dispute arises between a builder and his client it is known as a builder dispute. It may include many types of disputes like disputes with home improvement works or renovations, delays in building projects, changes in contract price, fence disputes et cetera. It may arise for residential or commercial or industrial buildings. A building dispute lawyer manages a party when he fails to abide by the legal or contractual obligations of the other contracting party. Conversely,  a builder lawyer is the one who supports the lawyer in case there arises any dispute between the homeowner and the builder.

What Causes a Building Dispute?

  1. Faulty or late payment for works completed.

  2. Non-compliance as to the scope or quality of works.

  3. The work is not completed within time or is abandoned incomplete. 

  4. No mutual understanding between the builder and the homeowner. 

  5. If the physical state of the building works has changed since the works were carried out, this may be problematic in suing a builder and proving your claim. Depending on the value of your claim and the court track to which it is allocated to, you may be able to recover the cost from the other party. 

  6. If a builder is taking too long to complete the project, a suit can be filed in the small claims court.

  7. In case the builder uses poor material or shows poor workmanship  he can be sued.

  8. If the builder is making an illegal construction, you may go to the Municipal Corporation to lodge a case with the proper procedure. The Corporation will then send a notice to the residents of the property.

  9. For fixing of defects for contracts signed on or after 1st February 2012, the statutory period for major defects is six years and for minor defects,  it is two years. If work is not completed within this time period, the consumer can sue the builder.

  10. If the builder is unable to complete the work within the stipulated time, the consumer may cancel his contract with the builder.

  11. If there is a faulty encroachment issue against the builder, one may complain verbally to in writing to Enforcement Cell/KPLC.

  12. Builders, architect,s and engineers owe a duty of care to homeowners so that the property may not get damaged.

What are the Laws Related to the Builder Dispute?

If a dispute with a builder occurs, the consumer can always ask for its redressal. The homeowner can directly communicate with the builder. However, if there is no mutual understanding between them or in cases where communicating has not solved the situation,  they can file a suit. Many laws have been made from time to time for solving such disputes.

  1. Any civil or criminal cases can be filed. There are many bye-laws like Real Estate Regulatory Authority,  Karnataka, Karnataka State Property Registration Act etc., where the buyer will be paid his damages with interest on it.

  2. If the Builder delays to give possession to the home-owner, buyers can approach the National Consumer Dispute Redressal Commission(NCDRC).

  3. In case of any dispute, the buyer can file a complaint under section 12 of the Consumer Protection Act 1986 within two years of it.

  4. RERA( Real Estate Regulation and Development Act) 2016 provides speedy disposal of suits. It is a centralized law but the State Governments can apply it in their own way.

  5. Legal actions against builder can be taken in case of breach of contract. He may have to give money as compensation.  Also in extreme situations, the builder may be forced to buy back the home.

How to Avoid DIsputes with Builder?

  1. Dispute with a builder can be avoided by acquainting with the building process. As the homeowner,  knowing the flow of your project’s activities would help you monitor its progress.

  2. The important details and the payment or part payment made in advance must be recorded in writing form as it forms the core of your contract. 

  3. Communicating with the builder is very important for the owner as many problems may be sorted out through mediation.

  4. In case of any dispute, the builder dispute lawyer may be consulted.

Why do we Need to Hire a Lawyer for a Builder Dispute?

A builder dispute lawyer can be consulted before the immersion of the construction project for knowing about the unknown circumstances that one may encounter during his building project. Also, he may review all the construction contracts to produce a well-written document to prevent vagueness. In case some disputes have already occurred, a litigation lawyer may be consulted. A building dispute lawyer manages disputes by delay, general damage disputes, and contract disputes. Arbitration and mediation are processes by which disputes can be resolved without involving the filing of a suit. Legal notice to the builder for delay in possession may be sent by the lawyer in case of such delay.

How to File a Complaint in Consumer Court?

  1. Issuing a legal notice to the builder or construction company. As per the norms, it is important that the consumer must inform about the unfair practice to the concerned developer and allow the opposite party to respond to it .

  2. If the builders do not respond even after giving the notice, a complaint may be submitted online. A consumer can file a complaint for-

  1. Delayed possession 

  2. Not giving Completion Certificate (CC)

  3. Construction on unauthorized land

  4. Faulty construction quality 

  5. Excess hidden charges

  6. Cancelation of the project without prior intimidation

  7. Enhanced External Development Charges(EDC)

  8. Any alteration in land use, layout plan, structures.

  9. Fraud in the booking of property

  1. After registering the complaint, fees must be submitted, the amount of which depends on the valuation of the property.

Who are the Victims of Dispute with the Builder?

Generally,  the homeowner is the victim of such disputes with the builder. It may be due to sub-standard quality of work or materials, delay in giving possession,  disputes with the contract, etc. Also,  a builder may sue the homeowner in case of faulty or late payment.  The dealers providing raw materials for the construction may also suffer from such disputes.

Why Hire a Lawyer through Lawtendo?

It is always advised that, before plunging into a lake, one should have some idea about its depth. Similarly,  before getting on with the construction,  one must consult a building dispute lawyer to know about the unknown circumstances.  

Lawtendo is a very reliable source for hiring a lawyer as it helps the clients to consult with the best Supreme Court and High Court builder dispute lawyers in India. It also enables its clients to use filters to narrow down the search, thereby finding the best lawyers in less time. Lawyers for other fields like family disputes, property lawyers, employment or labor court lawyer, criminal lawyer, corporate lawyer, etc. are also available. 

Conclusion

As is already told, disputes with the building of homes may be really tiresome. Also it is a drainage of much money, keeping in view the amount of expenditure already made for its building.  So it is always advised that, unless there is urgent need,  it is better to solve the dispute through negotiation or mediation. After all, it’s our home!

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