How Do I File a Complaint Against Real Estate Builders in Consumer Court?

Aug 28, 2022

Introduction:

Property purchasers in India have several alternatives for bringing claims against builders for any misconduct or offense. There are civil courts, consumer courts, and the most recent specialized platform, RERA, among them. Since the RERA entered into effect in 2017, consumer courts have continued to accept a sizable number of property-related claims, despite the fact that the RERA is gaining popularity among house purchasers seeking justice. If you have a problem that needs to be resolved, follow these steps to file a complaint with the Indian consumer court.

You must first understand that there is a certain process you must adhere to in order to properly register a lawsuit with a consumer court. You must seek the proper authorities to get your complaint handled because India’s consumer courts function on a three-tiered system (district, state, and national levels). You must also have your documents prepared before you can start the process.

Jurisdiction of consumer courts 

Given the three-tiered structure of consumer courts, the first concern is where to submit your complaint. Everything about the arrangement is based on the money involved. The consumer protection act creates a financial mechanism to divide the authority of multiple bodies.

District-level consumer court: If the transaction is for less than Rs 1 crore, customers can file complaints against builders with district-level commissions. 

State-level consumer court: If the transaction’s value is between Rs 1 crore and Rs 10 crores, consumers may file complaints with state-level commissions. 

The national level consumer court: If the transaction’s value surpasses Rs 10 crores, a consumer may file a complaint with a national consumer court.

What types of grievances may you bring before the consumer court? 

If you have experienced any of the following offenses, you may file a complaint with the consumer court: 

  • charging of a secret fee 
  • work of poor quality 
  • Delays in ownership 
  • undertaking cancellation 
  • Illegal building 
  • Unlawful possession 
  • Modification of a previously authorized plan 
  • Bookkeeping fraud 
  • wrongful contract

 

Consumer forum complaint: builder specifics required 

When filing a complaint with the NCDRC or district or state-level consumer courts, the following information must be given by the complainant: 

  • The consumer’s name 
  • Address of the Client 
  • The builder’s name 
  • Address of the Architect 
  • Date, time, and any information pertaining to your complaint against the function Object 
  • Your accusations against the function 

What to do before complaining to the consumer court against a builder 

You must gather paperwork to prove that you have brought up your problem with the builder and that he has shown a refusal to address it if you want to bring a consumer case against him in the consumer court.

Send the builder a heads-up as soon as possible 

This implies that you must first write the builder a message outlining the issue. Additionally, you must provide enough time to respond to your concern. It’s time to submit a complaint with the consumer court if you find that the builder has overlooked your issue completely or failed to address your concerns.

Create the grievance 

You must now write the complaint on a straightforward piece of paper in accordance with the Consumer Protection Act of 2019. Although you have the choice, you are entirely permitted to do everything on your own.

How to complain to the government about builders 

Outside of RERA, it is now simple and quick to file a complaint against a builder in India. Complainants are required to pay a fee in order to file a complaint in the consumer court. Here is a step-by-step tutorial for bringing a case before the consumer court in India. In the digital era, filing a complaint about any real estate failure, such as delayed possession and property frauds, has become simpler and less unpleasant. Any complainant may file a consumer complaint in the consumer court for any real estate business default. The best part is that a customer does not need to hire legal representation in order to file a case in court.

For help filing a complaint in the consumer court against real estate developers, consult Reso.

 

Send the developer a notice: Before bringing a case against a builder in the consumer court, the complainant must formally notify the building firm or the builder. The customer must inform the concerned builder of the unfair behavior and provide the other party an opportunity to respond, per the guidelines. You can submit a case with the consumer court if the builder ignores the given notification or refuses to provide compensation.

Online complaint submission: When the developer doesn’t respond to your notification, you can now lodge a complaint with the court online. You must first create a customer login. You must first register and then login in order to submit a problem. When submitting a consumer complaint, a complainant would be required to supply personal and project-related information. Documentation in support of the complaint may also be attached.

Submit the Fees: The complainant must pay a charge after completing the form in order to file the complaint with the consumer court. Even online payment can be made for the purchase. The District Consumer Disputes Redressal Forum would hear the case if the value is less than Rs 20 lakh. The following fees must be paid by the complainant in order to submit a claim under this category:

  • Up to Rs 1 lakh – Rs 100
  • Between Rs 1-5 lakh – Rs 200
  • Between Rs 5-10 lakh – Rs 400
  • Between Rs 10-20 lakh – Rs 500

If the real estate entity has a value greater than Rs 20 lakh but less than Rs 1 crore, the State Consumer Dispute Redressal Commission will review the matter. To participate in State Forums, a complainant must make a financial deposit: 

2,000 for properties over Rs 20 lakh but under Rs 50 lakh, and 4,000 for apartments over Rs 50 lakh but under Rs 1 crore. 

Cases involving properties worth more than Rs 1 crore would be heard by the National Consumer Disputes Redressal Commission. A fee of Rs 5,000 is charged in these circumstances for filing an appeal.

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