In the present era, consumer courts across India have many cases in the housing sector. If your builder has caused you any serious trouble about the quality of the house or apartment you purchased, then the consumer forum can help you get all the compensation you deserve.
Introduction
In case of any misconduct or offence, home buyers in India have access to several platforms where they can file complaints against developers. RERA is the most recent specialised platform. You can register complaints in civil courts and consumer courts, are among them. Due to their widespread popularity, consumer courts continue to see a lot of cases involving real estate even though the RERA has gained appeal among home buyers seeking justice since it became fully operational in 2017. It is crucial to recognise right away that there is a specific procedure you must adhere to in order to file a complaint with a court. You must seek the appropriate authorities to have your complaint heard because consumer courts in India operate on a three-tier structure (district level, state level, and national level). In order to start the process, you must also have your papers prepared.Here is your step-by-step guide to filing your complaint with the consumer court in India in case you also have a concern that needs to be addressed.
List of Legit Consumer Complaints
You can file a consumer complaint against the builder with the consumer court if you have experienced the following offences:
- Charging a secret fee
- Poor quality work
- Delays in ownership
- Project postponement
- Illegal structure
- Unlawful possession
- Modification of a previously authorised plan
- Bookkeeping fraud
- Wrongful contract
- The penalties mentioned in the agreement are not paid, in case of delayed delivery.
How Do You File a Consumer Complaint
The Consumer Protection Act, 1986 addresses complaints from consumers, especially those involving builders. You can launch a lawsuit under this legislation if you have a legitimate grievance against the builder or the seller, as the case may be. There may be a statutory deadline for filing the action, depending on the cause, the requested relief, and the seriousness of the situation.
Step 1: Serve a Notice: Before submitting a complaint to the consumer court, notice must be issued to the developer and/or construction business (the opposing party). The notice should outline the precise unfair practices that the developer used to fulfill its contractual obligations to provide the complainant with products and services. It should also demand compensation within a specific time frame. This might make the developer more inclined to make up for the loss the complainant sustained. If the developer rejects or ignores such a notification issued upon it, the case may be brought before the consumer court.
Protect your consumer rights by applying for a legal notice for defective goods.
Step 2: Register a Formal Complaint(online or offline): According to the Consumer Protection Act, 1986, you must file a formal complaint with the consumer court. It is not necessary to hire a lawyer to file such a complaint.
The properly completed complaint form must be presented along with the relevant factual information, which should be written on a blank piece of paper. The name(s) of the developer(s) and complainant(s) must be mentioned.
Step 3: Make the Payment: You need to pay a fee to lodge the complaint with the consumer court after completing the form completely. Even online transactions are possible. The District Consumer Disputes Redressal Forum will hear complaints that are less than Rs 20 lakh in value.
Jurisdiction Level for Consumer Court
National Level: If the claim exceeds Rs 1 crore, National Consumer Disputes Redressal Commission will handle the complaint.
District Level: The District Consumer Disputes Redressal Forum will hear the appeal if the claim is for less than Rs. 20 lakh.
State Level: If the claim is for more than Rs 20 lakh but less than Rs 1 crore, the State Consumer Dispute Redressal Commission will consider the case.The National Consumer Disputes Redressal Commission (NCDRC) can now be contacted directly by individual buyers to resolve any disputes they may have with the real estate developer, thanks to a landmark decision by the Supreme Court of India. Before the SC’s decision, the complainant may only bring his or her matter before the NCDRC after first raising it with the district- or state-level officials.By a clause in Section 23 of the Consumer Protection Act of 1986, the complainant has 30 days from the date the NCDRC’s decision to challenge the decision in court.
Conclusion
It is necessary to be aware of the real estate laws and consumer protection laws if you do not want to miss out on getting the compensation that you deserve. It is equally crucial that you hire the most competent lawyer that you can afford. Online portals such as VakilSearch will come in handy to help you solve your problems.
