Gurgaon roof collapse case: Legal remedies available to homebuyers facing construction quality issues

Gurgaon roof collapse has drastically impacted the trust quotient of homebuyers towards builders (Image Source: ML Khattar/Twitter)

Homebuyers of Chintels Paradiso housing complex, which partially collapsed killing two women last week, have demanded the arrest of the firm’s directors and adequate monetary compensation to all the flat owners in the form of buyback at the prevailing market rate, interest on investment and charges paid for registration and interior work or permanent relocation to ‘safer’ units of similar value.

Here’s a look at legal remedies that are available to homebuyers facing a similar situation.

The residents can approach a High Court under Articles 226 and 227 of the Constitution of India. The land is a state subject matter. So no indulgence of the Supreme Court can be sought without approaching the High Court. The said negligent act of builders causing loss of life is a grave incident and it has drastically impacted the trust quotient of homebuyers towards builders, say legal experts.

“This certainly is an act of negligence on the part of the builder but we cannot assume that this cannot happen with other builders. Residents can approach the High Courts under Articles 226 and 227 for violation of Article 21 Right to Life seeking the indulgence of the High Courts,” explains Anshul Gupta, managing partner, ANG Partners Advocates and Solicitors.

“The residents can contend that there is a fear of life due to the instance of collapse of the building. The building may be damaged and eroded leading to a collapse. They can pray before the High Court that an independent building inspection agency be appointed for conducting bi-annual building structural and compliance checks and that a fitness certificate be issued if the building’s structure is fine,” he said.

Sonam Chandwani, Managing Partner, KS Legal & Associates is of the view that the builder's contractual and tortious liability is apparent, and residents may sue for damages, but the court process will only exacerbate their difficulties.

“Instead, they should file a writ application and seek compensation from the government for authorising such projects, as well as seek alternative housing. I strongly feel it is high time for us to impose stricter regulations on developers and government officers for approving such projects,” she said.

Another option for residents facing a similar issue is to file a tortious claim. Legal experts say that it is possible to file a tort against the local municipal corporation which gave its assent to the project.

In cases where homebuyers’ rights have been violated due to negligence on the part of the builders, the first and foremost step is to file a criminal complaint at the nearest police station against the builder, explains Nitish Sharma, Counsel, AnantLaw.

The residents can also invoke the writ jurisdiction or the inherent powers of a High Court. The residents also have the option to approach the Supreme Court of India by filing a public interest litigation under Article 32 of the Constitution of India, he says.

In the filing of a PIL, the residents can claim that the collapse of the structure has occurred due to negligence on the part of builders which is an issue in the common interest of all residents and thereby needs adjudication from the Supreme Court upon such gross violation of rights.

“It has been held by the Supreme Court itself that the PILs are a way for government and its officials to make basic rights more meaningful to the people of India.

Interestingly, ‘building collapse’ is not defined as an offence under law in India. However, in various cases the court(s) have held person(s) responsible for not performing their part of due diligence,” Sharma added.