Approaching a Consumer Court in India when a builder fails to give possession as promised or there is a deficiency in service involves several steps. Here’s a detailed procedure:
Step 1: Attempt to Resolve the Issue with the Builder
- Send a Legal Notice: Before filing a complaint, send a legal notice to the builder. Clearly outline your grievances, such as the delay in possession, breach of contract, or other deficiencies in service, and demand resolution within a reasonable period (e.g., 15-30 days).
- Maintain Documentation: Keep all communications, including the legal notice and the builder’s response (if any), as evidence.
Step 2: Check Your Eligibility
- Who Can File?
- The property buyer (individual or joint).
- A group of buyers facing a common issue can file a joint complaint.
- When Can You File?
- Within two years of the cause of action (e.g., the promised possession date or the discovery of deficiency).
- Where to File?
- Based on the value of your claim (property cost + compensation sought):
- District Commission: For claims up to ₹50 lakh.
- State Commission: For claims between ₹50 lakh and ₹2 crore.
- National Commission: For claims above ₹2 crore.
Step 3: Prepare the Complaint
- Documents to Collect:
- Agreement with the builder (e.g., Sale Agreement or Builder-Buyer Agreement).
- Payment receipts, loan documents, and ledger details.
- Correspondence with the builder (emails, letters, legal notice, etc.).
- Proof of delay (promised possession date and actual status).
- Copies of advertisements or brochures promising specific timelines/services.
- Draft the Complaint:
- Mention the builder’s name, address, and details of the deficiency (delay in possession, poor construction, etc.).
- Specify the relief sought (e.g., possession, refund, compensation, or interest on the paid amount).
- Attach all supporting documents.
- Reliefs You Can Claim:
- Refund of the amount paid with interest.
- Compensation for mental agony, harassment, or financial loss.
- Penalty for delay (as per the agreement or as decided by the court).
- Possession of the property with compensation for the delay.
Step 4: Filing the Complaint
- Visit the Appropriate Consumer Commission:
- File the complaint at the District, State, or National Commission, depending on the claim amount.
- Pay the Court Fees:
- Fees depend on the value of the claim. It typically ranges from ₹200 to ₹5000.
- Ensure the payment is made via demand draft or as specified by the court.
- Submit the Complaint:
- Include an affidavit affirming the truth of the complaint.
- Submit 3-5 copies of the complaint (depending on the court requirements) and additional copies for each respondent (builder).
Step 5: Court Proceedings
- Admission of Complaint:
- The court reviews the complaint to check its validity.
- If admitted, a notice is issued to the builder (respondent).
- Hearing:
- Both parties present their arguments and evidence.
- You may represent yourself or hire a lawyer.
- Decision:
- The court evaluates the evidence and decides the case.
- Relief is granted based on merit.
Step 6: Appeal (If Necessary)
- District Commission Decision:
- Can be appealed to the State Commission within 45 days of the order.
- Commission Decision:
- Can be appealed to the National Commission within 45 days of the order.
- National Commission Decision:
- Can be appealed to the Supreme Court within 30 days of the order.
Key Points to Note
- No Court Fee for Senior Citizens and Economically Weaker Sections: Senior citizens or individuals with low income may be eligible for court fee exemptions in some states.
- Penalty on Frivolous Complaints: Courts may impose a penalty if the complaint is found to be frivolous or without merit.
- RERA Alternative: If the project is registered under RERA (Real Estate Regulatory Authority), you can file a complaint with the RERA authority instead of the Consumer Court.
