How do I file a consumer complaint against a builder for delayed possession?

The delay in possession is a scenario that is on the increase. Many of them have similar grievances such as delay in possession of their property, mute responses from the developer, unfinished projects due to litigation issues, absconding builders, poor quality construction so on and so forth.

A property buyer, who invests his hard-earned money in buying a home and does not get its possession on time, not only fails to get a roof over his/her head but also ends up losing money, in the form of EMIs on the home loan and paying for rented accommodation. Moreover, the buyer may also have to wage a long and tedious legal battle to achieve success.

The International Consumer Rights Protection Council has listed down the following grounds in which a property buyer can drag an incompetent property developer to the Consumer Court:

1. Non-execution of relevant sale agreement despite having received a substantial advance amount

2. Non-issuance of copies of all relevant documents viz.; development agreement, power of attorney, sanctioned plan (by concerned Regional Authorities), the specification of construction materials/design as per sanctioned plan and any other relevant documents

3. Charged higher than the agreed amount

4. No issuance of proper receipt(s) against the paid amount

5. Poor quality construction

6. Delivering of a house not complying to agreed specifications

7. No free parking space within the premises

8. Did not form a co-operative housing society and handed over to members

9. Non-provision of the water storage tank

10. Non-provision of proper ventilation and light

11. Delayed possession beyond the stipulated time limit

12. Not obtaining a completion certificate from the concerned registered (by the authorities) architect

13. Non-issuance of Occupancy Certificate at the time of delivery of respective flats/house to its occupants

14. Non-declaration of expenses against which the developer collected money, etc.

How to file a complaint against a builder in the Consumer Court?

With builders coming under the clause of being a service provider, the process of filing a consumer court complaint against them is the same as with other service providers. To file a complaint, you need to adhere to the following steps:

1. Send a well drafted Legal Notice to the builder stating your reasons for discontent

2. Await for a response for the stipulated time from the other party

3. On no-response, prepare a petition stating facts and evidence with the help of expert legal advice.

4. Approach the Consumer Court and file your petition against the builder

5. In the event of a delay in possession by a builder, there is no time constraint that the buyer has to follow to file the complaint.

A property buyer can file a case in the following scenarios:

a. Non-execution of relevant sale agreement despite having received a substantial advance amount

b. Non-issuance of copies of all relevant documents viz.; development agreement, power of attorney, sanctioned plan (by concerned Regional Authorities), the specification of construction materials/design as per sanctioned plan and any other relevant documents

c. Charged higher than the agreed amount

d. No issuance of proper receipt(s) against the paid amount

e. Poor quality construction

f. Delivering of a house not complying to agreed specifications

g. No free parking space within the premises

h. Did not form a co-operative housing society and handed over to members

i. Non-provision of water storage tank

j. Non-provision of proper ventilation and light

k. Delayed possession beyond the stipulated time limit

l. Not obtaining a completion certificate from the concerned registered (by the authorities) architect

m. Non-issuance of Occupancy Certificate at the time of delivery of respective flats/house to its occupants

n. Non-declaration of expenses against which the developer collected money

Any project falling short of above-listed causes are liable and eligible to be taken an action against.

Facing issues with your builder?

Get a fast and free review of your legal position with Lawtendo.

A builder being called as a service provider, the process of filing a consumer court complaint against them is the same as with other service providers.

Who can help you with this?

Looking for an experienced lawyer? Look no further. Have a consultation with some of best lawyers in India with Lawtendo. Visit www.lawtendo.com or call +91-9671633666 for more information.