Response
In accordance to my view yes you can make the builder liable for the bad construction of your building.Until the Real Estate (Regulation and Development) Act 2016, (RERA) came into existence, there was no way for buyers to persuade developers to fix these damages. Not only has the RERA changed the way real estate operates in India, but it has also addressed specific issues that needed extensive deliberation in the past. One such problem is the buildersÕ accountability to offer workmanship for structural defects for a tenure of five years. According to Clause 14 (3) of the Real Estate Act, a builder or developer will be liable to fix/repair any defects brought to his notice by a homebuyer within five years from the date of possession, without further charge. Moreover, the problem is to be fixed within 30 days of being brought into the notice of the developer.
The cost pressure, given the lack of funds (this is more prevalent in the current market scenario) creates a further challenge with inferior material choices being made. Despite various provisions by RERA to discourage developers from doing so, this continues to be an issue. As mentioned above, stringent construction regulations are required to be enforced.
Thus through after RERA, it has become the duty of the builde to take the liability of the building maitainance for 5 years if there is any malpractice done in the constuction of the building the builder can be held liable such as water seewage problem, quality of the mateial.
Reference: The applicable law that is governing the case is Section 14 (3) of the RERA Act states that the promoter is deemed to rectify any defect without further charges Ð in case of improper or poor construction quality has been proven. The rectification of defects needs to take place within 30 days of the issue being reported by the buyer. If the promoter/developer fails to rectify the defects within the prescribed time, the buyer stands to receive adequate compensation under the Act.
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