International Consumer Rights Protection Council

Action against builder


Products and services by builder are covered under RERA and also under the Consumer Protection Act. Hence, you can complain against builder under RERA or consumer court.

 

RERA is Real Estate Regulation and Development Act

 

You can file a complaint in case the builder has given you deficient services regarding the following:

 

1) Charged higher than agreed amount.

2) Did not give a receipt against the paid amount.

3) Delivered a poor quality construction.

4) Delivered a house that does not comply with the specifications agreed upon.

5) Did not provide for free parking space within the compound / complex.

6) Did not form co-operative housing society and handed it over to its members.

7) Did not provide for water storage tank.

8) Did not provide for enough ventilation and light.

9) Did not deliver the house within the agreed time limit. If time limit not mentioned, it is assumed that the construction will be finished within maximum of 2 years from the date of start of work.

7) Did not give accounts for the expenses against which the builder has collected money, i.e. maintenance, electrical installations (transformer), etc.

8) And many more..........

 

If you have grievance against builder, first send a notice to him in writing. Do not worry if he refuses to accept your notice as only proof of sending is required. Send the notice by registered post or Under Postal certificate. Retain the proof of sending. The proof of sending is valid in the Consumer Court Under Section 28A (3) of the Consumer Protection (Amendment) Act of 2002 and will be considered as the notice has been duly served.

 

File your complaint in the consumer court in case the builder does not respond to your notice.

 

  Action against builder under RERA

 

Complaints can be filed under Section 31 of the Real Estate (Regulation and Development) Act, 2016, either with the Real Estate Regulatory Authority or the adjudicating officer. Such complaints may be against promoters, allottee and/or real estate agents. Most state government rules, made appurtenant to the RERA, have laid out the procedure and form, in which such applications can be made. In the case of Chandigarh UT or Uttar Pradesh, for instance, these are placed as Form M or Form N (common with most other states and union territories).

 

Any person who has an interest in the project, can file an application with the RERA authority. The application can also be filed online, as per the format available. The complainant must provide:

  • The particulars of the applicant and the respondent.

  • The registration number and address of the project.

  • A concise statement of facts and grounds of claim.

  • The relief and interim relief, if any, sought.

To initiate proceedings before the adjudicating officer for compensation under RERA, the complainant needs to file a similar application. This application must also be made in the prescribed format and must contain particulars similar to those required in the application to the RERA authority.

 

 

 

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International Consumer Rights Protection Council