When Can Your File a Complaint against a Builder?

Last Updated at: September 30, 2019

The Consumer Protection Act, 1986 deals with consumer grievances, including those with a builder. If you have a valid complaint against the builder or the seller, as the case may be, you can file a suit under this act. Depending on the relief sought and gravity of the matter, there will be a statutory limit on when you can file the case (usually, the limit is one year).

File a complaint if:

1. The builder is charging higher than the agreed amount

2. The quality of construction is poor (for example, promising copper wiring but using aluminium)

3. The house does not comply with the agreed specifications (if the layout is not as initially specified and carpet area is smaller than in the agreement)

4. A housing society has not been formed and handed over within the stipulated time (not compulsory in all states)

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5. There is no account for expenses you have paid for, such as maintenance and electrical installations

6. Barring any legitimate reason, the house is not finished within the agreed time limit. If a time limit is not mentioned in the agreement, it is assumed that the construction will be finished within two years from the date of starting work.

7. The penalties mentioned in the agreement are not paid, in case of delayed delivery.

If you have any grievance against the builder, first send a notice to him in writing. Send the notice by registered post and retain the proof of sending. If the builder is still avoiding your complaint and does not respond, file a complaint in the consumer court.