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Builder & We have agreed to build a house for 3810sqft @ Rs.650 inclusive of
Parapet walls, compound wall for a Duplex House Plan given to builder and he
agreed to construct the same @650 Sqft so far we Paid 14,61000/- Approx.
The
design & supervision was conducted by our Architects as agreed with the builder.
He demanded for more funds and we agreed to pay after the completion of first
floor RCC roof but he refused and dismantled the centering material placed for
construction of the roof. In response to his actions and doubts on our mind
about his intentions & interest on our building, we requested our Architects to
evaluate the construction with then current market rate and in agreement with
the builder who refused to appear personally to monitor the evaluation.
Later he produced a an premature evaluation and claimed we owe him funds rather
than he owes us.
Meantime we issued a notice for him to complete the RCC roof failing which we
will need to seek support of another builder to complete our house before it
falls into weak structure for construction.
He responded with exaggerating facts & figures which are fictional in nature and
against logical thinking.
Upon bringing in another builder to resume the construction he planned on daily
basis to obstruct the construction and threats from him were mounting on us.
Fearing his actions we seeked the court for an Injunction Order to refrain him
from obstructing the work in the site.
Later we seeked the mercy of the Consumer Court in Bangalore and we expected
with great hopes for a final order favoring us but the case was dismissed on
basis of Injunction Order taken in the civil court and order was passed to seek the
Civil court for hearing. The order was in favor of the builder and it happened
as he wanted too.
Now, Can we appeal to the State Commission and should we expect a different
solution or will State Commission too pass the similar order not favoring
Consumer??
Thank you for your any assistance in this matter,
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