How to File a Consumer Complaint against a Builder
How to File a Consumer
Complaint against a Builder
In this article, we will
discuss about a consumer complaint that can be filed to the Consumer Court
under the Consumer Protection Act, 1986. The steps to file a complaint will be
discussed.
·
Increasing Competition: The increase in demand of
the residential and commercial property has given birth to a number of builders
and developers who offer or promise special features to attract prospective
buyers.
·
Why builders commit
offence? And
because of the competition, the builders are using unfair practices, fraud,
cheating, and ultimately the buyers are suffering mentally and financially.
·
Remedies: Using the remedies
provided by law, the buyers have been able to get back their money with
interest or have been financially compensated besides allotment of flats.
·
In case of delay in delivery of possession the builders have
been made liable to refund the amount paid with interest for the period of
delay. There cannot be any justification against the delay caused by the
builder once they have promised the buyers and taken their money on the pretext
of their own promises.
·
Consumer Complaint: One of the remedies
available to the buyer is by filing a consumer case in the consumer forum
against the builder. The Consumer Protection Act, 1986 is the Act which seeks
to provide for better protection of the interests of consumer. Any person who
hires any services for consideration is a consumer under the Act. It provides
remedies to a consumer against deficient services.
·
3 Tier Mechanism: The Consumer Protection
Act provides a three tier machinery for redressal of consumer grievances. The District Forum is at the lowest level.
The District Forums are established in each District and have jurisdiction to
entertain complaints where the value of goods or services and the compensation
if any, claimed does not exceed Rs.20, 00, 00 (Twenty Lakhs).
·
The State Commission
is established in each state and have jurisdiction to entertain complaints
where the value of goods or services and the compensation if any, claimed
exceeds rupees twenty lakhs but does not exceed rupees one Crore.
·
The National
Commission has jurisdiction to entertain complaints where the value of the
goods or services and compensation if any claimed exceeds rupees one Crore.
·
Steps to file a Consumer
Complaint:
Below are the steps –
1.
Notice – First, you should send a
notice to the Construction Company/ developer, before filing a formal
complaint. It is important to give notice to the builder, so to see if the
other party is willing to offer the compensation to make the good the loss
suffered by the consumer. If the developer refuses or neglects the notice, then
you can approach the consumer court.
2.
File a Complaint – Next, you can submit a
formal complaint under the Consumer Protection Act, 1986, by filing a form. You
don’t need a layer for filing a suit in this Forum. On a paper, mention the
details of you and the opposite party i.e. the builder/company. You can consult
consumer grievance redressal forums which also help consumers in filing and
forming petition at nominal charges.
3.
Submit the Fee – Next, you have to submit a
fee through a demand draft. Keep in mind the 3 tier mechanism provided under
the Consumer Protection Act, 1986 and file your complaint in the appropriate forum.
·
Fee Details: Below is the fee details –
1.
District Forum –
(i). For Up to Rs. 1 Lakh: Rs.
100
(ii).
Between Rs. 1-5 Lakh: Rs. 200
(iii).
Between Rs. 5-10 Lakh: Rs. 400
(iv).
Above Rs. 10 lakh and up to Rs. 20 Lakh: Rs. 500
2.
State Forum –
(i). Above Rs. 20 lakh but less
than Rs. 50 Lakh: Rs. 2,000
(ii).
Above Rs. 50 lakh and
up to Rs. 1 Crore: Rs. 4,000
3.
National Forum –
(i). A Standard amount of Rs.
5,000.
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