Notice to builder
When you pay a hefty sum to a builder to buy the property, you expect your money's worth. But there are so many cases where the builder fails to comply with the terms of an agreement. You have the option of filing a case against the builder in such case. But, first you need to send a legal notice to builder informing him of your intention to do so.
Not providing service as per the agreement amounts to deficiency of service under the consumer law. You can file a case suing the builder for such deficiency. The first step towards a remedy is to send a notice to the builder.
What does a Notice to Builder contain?
It informs him of the deficiency in his service. It contains the following details.
- Builder's name and address
- Consumer's name and address
- Brief description of the terms of agreement
- Details of non-compliance with the agreement
- Damages or other remedy that the consumer seeks
- Timeline to comply with the notice
When can I send this notice?
There can be a number of cases where you need to send a legal notice to your builder. Some such cases are:
- Non-delivery of possession even after due date of delivery.
- Not providing amenities or other facilities matching the terms of agreement.
- Inability to complete the construction even after the due date.
- Use of poor quality construction material.
- Charging an amount higher than the amount in the agreement.
Any other case where the builder fails to provide the expected service will also be covered here.
What to do if you receive such a notice?
If, as a builder, you receive a legal notice for any of the reasons mentioned above, you need to read it carefully to understand the exact nature of charges. If there is no deficiency on your part, the next step is to collect all evidence to prove it. Consult a legal practitioner to draft a point-by-point reply.
If there is any deficiency in your service, you either have to remove it or consider paying damages.
What is the fee?
The professional fee for sending a notice to builder starts from Rs 1999. The fee for replying to a notice to builder starts from Rs1999.
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