Can We Sue The Builder For Shoddy Workmanship?

I had hired a contractor to construct an office space and it so happened that I was really unhappy with the level of service I received from him. I was dissatisfied with subpar construction so I asked my best friend what steps you can take to address construction flaws, and whether can we sue the builder for shoddy workmanship in Bangalore or not. This is how my friend helped me. 

He told me that I have every right to seek justice if my sale agreement or sale deed contains clauses or terms and conditions regarding the use of the standard material in said unit with regard to the apartment. He further said that I must give the builder a legal notice before moving forward, and I must then file a petition with the district consumer forum to get compensation for the same.

Suing builder bad workmanship

In a ruling, the Supreme Court of India stated that any builder, contractor, or concerned authority involved in housing construction activity in any way is subject to the Consumer Protection Act, 1986 for any act or omission related to housing activity, including: "Delay in delivering of property, non-completion of construction within the prescribed period, defective and faulty construction, and more." According to the ruling, a builder who builds a house or engages a contractor to develop a property is involved in the act of providing a service to his client for which he is being paid. Since he now qualifies as a service provider, he is responsible for any violations of the Consumer Protection Act of 1986.

How to file a complaint against a builder in the Consumer Court?

Building contractors fall under the definition of a service provider, so the procedure for complaining to a consumer court about them is the same as it is for other service providers. To file a complaint, you must follow the steps listed below: 

• Send a well-written Legal Notice to the builder outlining your reasons for dissatisfaction

• Wait for a response from the other party for the allotted time; If no response is received

• Prepare a petition with the assistance of expert legal advice, stating facts and evidence

• Approach the Consumer Court and file your petition against the builder.

RERA also says that within five years of the date of possession being transferred, the allottee shall notify the promoter of any structural defects, other workmanship, quality, or service defects, or any other obligations of the promoter under the agreement for sale relating to such development. In such a case, the promoter shall have thirty days to make the necessary repairs without additional charge. If the promoter fails to make the necessary repairs, the allottee shall be entitled to compensation.

I hope now you have an answer to your query, ‘can we sue the builder for shoddy workmanship?’.