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You can certainly file a complaint against the architect as well as the civil contractor for defects in construction. However, since such defects are likely in other flats as well, I would suggest that you ask the office-bearers of the society to file the complaint on behalf of all the members. If they fail to take such action, then you can join up with other members and file a common complaint on behalf of all the members. However, before doing that, it is important to get the construction quality audited by a competent person or firm. It is also essential to have them assess the repairs required to set right the deficiencies and the cost of such work. This would not only strengthen your case, but also help in making a correct assessment of the compensation required to be paid by the contractor and the architect and the rectification work to be undertaken by them. It is equally important to examine the agreement between the Society and the contractor/architect to see where and how the terms of the agreement have been violated, giving raise to a dispute. To emphasise the importance of such evidence, I must mention here, the order of the National Consumer Disputes Redressal in The Mayur Cooperative Group Housing Society vs Osan and Associates ( FA no 359 of 2003), wherein the National Consumer Disputes Redressal Commission held that the society did not convincingly establish its allegation that the various defects mentioned in the complaint were all attributable to the architects who failed in discharging their duties and responsibilities under the agreement. However, on certain counts, it found deficiency on the part of the architects, but that would not make them liable for damages or compensation as claimed by the society, the Commission held. In the end, it awarded a small compensation of only Rs 1 lakh. Out of this, the architects would be entitled to retain half of the unpaid fees due to them, being Rs 39,000, and pay the balance of Rs 61,000. the Commission said. The Society had in this case alleged deficiencies on the part of the architectural firm engaged to oversee the work of the builder and demanded adequate compensation to pay for the repairs required to overcome certain defects in construction. And it had produced as evidence, a certificate by a government approved surveyor and loss assessor, on the defects and the cost of repairs. The architects, however, raised questions over the competence of the surveyor. Also, for reasons best known to the complainants, the contractor was not named as the opposite party along with the architect. So it is important to ensure that the certificate is issued by a competent person and I would also suggest that the complaint be filed against both the contractor and the architect. Is it possible to file a complaint of poor or defective construction against a builder after taking possession? I took possession of my flat ten months ago and the cracks have started appearing only now. Before taking possession, it is best to examine the flat thoroughly and list out the defects, if any. However, sometimes the defects become apparent only later and in such cases, you must first write to the builder to have them rectified and if he fails to do that, file a complaint before the consumer court.
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I have just taken
possession of my flat in a cooperative society, where I am a member.
However, I find that the quality of construction is very poor and
there are several architectural defects. Can I file a complaint
against the architect and the contractor in the consumer court? What
kind of evidence do I need to produce in such a case?