Can I claim against the builder for defective appliances fitted in my flat?

Question

The modular kitchen appliances or fittings supplied by my builder as part of the flat are defective. I want to know if I can hold the builder responsible. I would rather settle this without going to court if the law allows it, but I need to know my rights before I sign anything. Please tell me what to do first and what document to keep.

MyVakeel Legal Desk · Accepted Answer

Under Indian law, Consumer Protection Act 2019, Section 2(11) is the starting point for this consumer law question. What follows is the position in substance, together with the steps that usually make the difference in practice.

Appliances and fittings supplied as part of the flat under the builder-buyer agreement are goods for which the builder is answerable if they suffer from a defect under Section 2(11) of the Consumer Protection Act 2019.

Section 14 of the Real Estate (Regulation and Development) Act 2016 obliges a promoter to rectify structural or other defects, including specified fittings, within five years of possession without extra charge.

Injury or loss caused by a faulty appliance, such as a fire hazard from defective wiring, falls within the definition of harm under Section 2(34) of the Consumer Protection Act 2019.

You can seek free repair or replacement of the defective appliance from the builder, and compensation if the defect caused further loss or injury.

You may pursue the claim before RERA for defect rectification or before the consumer commission for deficiency in service, depending on the nature of the relief sought.

In practice, in this order: 1) Notify the builder in writing about the defect within the five-year liability period; 2) Obtain a technician's report documenting the defect and its cause; 3) File a complaint with RERA for defect rectification; 4) Approach the consumer commission for compensation if the builder does not act.

Timing matters here: Consumer Protection Act 2019, Section 2(11) works on limitation periods, so a builder defective appliances claim that is right on the merits can still fail if it is brought late. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in consumer law.