Asbestos Sheet Gypsum Board Walls instead of RCC wall (2024)

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Property

2 days ago

As per the MCGM-approved drawings, the wall in the area sold to me as dry balcony should be an RCC wall. Instead, the builder has constructed this wall using an asbestos sheet/gypsum board.

Is this legal?

What provisions are available to me to address this issue?

Which is the most appropriate court to approach: MAHARERA, NCRDC, or the High Court?

Your prompt advice on these questions will be greatly appreciated.

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Legal Counsel Vidhikarya

Responded 1 day ago

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A.Dear Client,
When the housing project is a registered project under MAHARERA, for any deviation or deficiency in service on receipt of the cost of service, the Builder/Developer shall be held accountable and responsible for the same. If the matter is not resolved from the end of the Builder/Developer then serving a legal notice to them, file a complaint under Section 31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer, (MAHARERA ) claiming regularisation of deviation in construction as approved by the competent authority along with compensation for harassment. The Real Estate (Regulatory and Development) Act, 2016(MAHARERA) is the most consumer-friendly law protecting the interest of home buyers and affordable single window for redressal of the grievance/complaint of home buyers and failing which you can escalate your complaint before the Consumer Forum within two years from the date of cause of action. Reach out to an Advocate dealing with RERA and consumer matters for advice and action/steps to navigate the issues in the right way.

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Anik

Responded 1 day ago

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A.Dear client,
If you discover that your builder has deviated from the MCGM-approved construction plans by using materials such as asbestos sheets or gypsum boards instead of the specified RCC walls, there are several legal steps you can take to address the issue. These deviations are illegal as they violate the approved construction plans and may compromise the structural integrity and functionality of your property. You can file a complaint under the Consumer Protection Act, 2019, highlighting the service deficiencies and seeking compensation for these violations.

Another effective strategy is to make use of the Real Estate (Regulation and Development) Act, 2016 (RERA), particularly if the builder is registered with MAHARERA (Maharashtra Real Estate Regulatory Authority). MAHARERA is tasked with addressing disputes related to project delays, construction deviations, and breaches of contract in the real estate sector. Additionally, you might consider invoking the Contract Act, 1872, to seek legal remedies for the breach of the sale agreement, or filing a civil suit in a Civil Court for specific performance or damages.

To start addressing the problem, it is crucial to document all discrepancies by gathering photographic evidence of the construction and obtaining copies of the MCGM-approved plans. Before taking formal legal action, you should send a legal notice to the builder demanding that they correct the deviations and compensate you for any damages incurred. If MAHARERA fails to resolve the issue to your satisfaction, or if the dispute involves amounts over ₹10 lakhs, you can escalate the matter to the National Consumer Disputes Redressal Commission (NCDRC) or the High Court, depending on the complexity and scale of the issue. Hope our prompt support in this matter would be greatly appreciated.

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