The Indian law relating to consumer-seller relationship aims to protect the interest of consumers by giving them an avenue to raise their grievances against sellers and services providers in case of any deficiency, fault or damage to the services and goods purchased by the consumer.
All consumer complaints can be filed under the Consumer Protection Act against a seller or service provider by any of the following:
- The consumer who has bought the goods or availed the services.
- The legal representatives of the consumer.
- A group of consumers who have the same grievance.
- Any registered consumers’ association.
- The Government.
Within the ambit of consumer grievances, real estate buyers are also considered as consumers as they avail the services of builder for the construction of their property. This gives home buyers the right to file a consumer complaint against builder in case of any deficiency of service.
When To File A Consumer Complaint Against Builder?
Homebuyers can file a consumer complaint against builder in the following cases that are considered as deficiency of services:
- Charging extra amount that the price agreed previously.
- Not providing payment receipts.
- Use of poor quality construction material.
- Lack of specifications or amenities promised.
- Lack of free parking space.
- Delay in flat possession.
- Improper ventilation and light, and many other grounds.
How To File A Consumer Complaint Against Builder?
The first step of filing a consumer case against builder is to send a legal notice stating the grievance faced by the buyer and asking for immediate action. If the builder does not respond or fails to provide the sought relief, the home buyer can file consumer complaint against the builder with the consumer court that has proper jurisdiction. Under the consumer protection laws in India, there are 3 tiers of consumer courts:
- District Consumer Court, where cases having total value of less than INR 20 lakhs can be filed.
- State Consumer Commission, where cases having total value of more than INR 20 lakhs and less than INR 1 crore can be filed.
- National Consumer Commission also known as NCDRC, where cases having total value of more than INR 1 crore can be filed.
Group Consumer Complaint Against Builder
Homebuyers can also form a group and file a class action against the builder with the NCDRC to make their combined claim more than INR 1 crore for quicker remedial action. LetsComply can help home buyers to file a consumer complaint against builder through experienced lawyers. Call us +91-9717070500 or send an email at email@example.com.
When the consumer complaint against builder is to be filed, it is filed in the district or state in which the property is located, as per the claim. The complaint can be filed with the NCDRC which is the national consumer court irrespective of the state in which the property is situated.
The consumer complaint format includes the details of the buyer and builder, details of the property, the deficiency of service faced and the relief sought from the court. The consumer complaint against builder is filed along with the prescribed fee that depends upon the value of the case.
The fee structure to file a consumer complaint against builder is as follows:
Consumer Complaint Against Builder In District Forum
- Upto INR 1 lakh, for complainants who are under the Below Poverty Line holding Antyodaya Anna Yojana Cards- Nil.
- Upto INR 1 lakh, for complainants other than Antyodaya Anna Yojana card holders- INR 100.
- Above INR 1 lakh and up to INR 5 lakh- INR 200.
- Above INR 5 lakh and up to INR 10 lakh- INR 400.
- Above INR 10 lakh and up to INR 20 lakh- INR 500.
Consumer Complaint Against Builder In State Commission
- Above INR 20 lakh and up to INR 50 lakh- INR 2000.
- Above INR 50 lakh and upto INR 1 crore- INR 4000.
Consumer Complaint Against Builder In National Commission
- Above INR 1 crore- INR 5000.
Consumer Complaint Under RERA
A complaint under RERA can also be filed by home buyers to seek relief in case of illicit activities of a builder. The complaint under RERA is governed by the Real Estate (Regulation and Development) Act, 2016. However, if a complaint against builder in consumer court is pending, the home buyer can approach RERA only after withdrawing the consumer case or after obtaining a decision from consumer court.
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