A complaint against the builder in the consumer court can take up to 1 year.
A consumer complaint at a consumer court against the builder can be filed for the following reasons:
- The builder has delivered poor quality work or work is not as per defined earlier at the time of registration.
- The builder has constructed the building, flat or unit without proper approvals from the concerned authorities.
- The builder has constructed the buildings on the illegally acquired land.
- The builder, promoter or any real estate agent has committed fraud while booking the property.
- There is a change in land use, layout plan or structure without prior approval from the home buyer.
- The builder is charging some extra hidden charges at a later stage.
- The promoter or builder has canceled the project without any explanation or any satisfactory reason.
- The builder is causing a delay in delivering possession of flats.
- The builder has created a third-party interest in the property or sold the property to another buyer.
- The builder is not providing the Completion Certificate or the Occupancy Certificate to the home buyers.
The very first step is to send a legal notice to the builder or construction company before you go for the litigation process against the builder. The legal notice must be well-drafted by the help of an experienced lawyer who can include all the necessary information like the deficiency or fraud in service given by the builder. If the builder is willing to rectify the deficiency or cheating that happens, the builder will send a reply to the legal notice stating their sincere reason for the delay or take the essential measures to amend their errors. If the builder fails to do any of these things, you can proceed to file a consumer complaint against the builder.
Homebuyers can file a consumer complaint as per the Consumer Protection Act, 1986 against the builder by the help of a good property lawyer. The lawyer will evaluate the facts of your matter and file a complaint with the appropriate consumer forum.
If the value of the property and claim of the fraud is more than Rs. 1 crore, a complaint is to be filed with the National Consumer Dispute Redressal Commission.
A consumer complaint against the builder drafted by the property advocate should include the following details:
- Details of the buyer and builder.
- Details of the property in question.
- The issue faced by the buyer.
- The relief sought from the consumer court.
The consumer complaint is filed along with the required documents such as the copy of the legal notice sent by you, the builder-buyer agreement, the proof of payment made to the builder, and others. as well as the prescribed court fee as a demand draft.