Steps to File a Complaint in Consumer Court
Aug 14, 2018 Legal Guidance
With an introduction of Real Estate Regulatory Authority (RERA), there has been transparency in laws aiming to end home buyers troubles boosting up real estate investments. The compulsion of registration of new and ongoing projects has enabled aggrieved buyers to file a formal complaint against developers in case things go wrong during property purchase.
This assures prompt action, or compensation to home buyers if applicable. Complaints can be against the following: if a developer violates the rules or makes any false promises leading to project delays, property frauds, poor quality construction or defaults on the agreement. The clause to file a complaint is that the property should be in use for the consumer’s own residence.
This assures prompt action, or compensation to home buyers if applicable. Complaints can be against the following: if a developer violates the rules or makes any false promises leading to project delays, property frauds, poor quality construction or defaults on the agreement. The clause to file a complaint is that the property should be in use for the consumer’s own residence.
Procedure to File Complaint
1. Send a notice: the First step is to send a notice to the developer before filing a formal complaint at the consumer court. It is a must to send a notice to the counter party regarding the defaults or deficiency in their service utilised. In case of any negligence or refusal of the notice from the counter part (developer), the consumer can take the next step of filing a complaint.
2. Draft your complaint: Now that the developer has not taken any action, the next step for the consumer (buyer) is to submit a formal complaint as per the Consumer Protection Act, 1986. To do this, a lawyer's help is not required. The complaint should state all necessary facts necessary that are required to establish a cause of action. The form must be filled and submitted to the Commission. The complaint must be filed in the district forum where the buyer's residence or office of profit/area or the area of the project falls under its jurisdiction. All the details (about the complainant and the opposite party) should be provided on a plain paper. Details of compensation costs and/or the relief sought have to be explicitly stated within the complaint and signature of the complainant at the end of the complaint is required. An authorisation letter is mandatory to produce in case another person files a complaint on behalf of the consumer. Finally, an affidavit is to be submitted by the buyer stating that all the contents of the complaint are true with copies of all documents to support the complaint.
Some Types of Complaints: sub-standard work, construction without approvals, construction on illegally acquired land, fraud in booking, hidden charges, cancellation of the project, delay in delivering possession.
3. Pay a fee: Fee is to be paid through a demand draft.
Summary of the fee as per claim (District forum):
Up to INR 1 lakh: INR 100
Between INR 1-5 lakh: INR 200
Between INR 5-10 lakh: INR 400
Between INR 10-20 lakh: INR 500
Claims at State Forums:
Between INR 20-50 lakh: INR 2000
Between INR 50 lakh and INR 1 crore: INR 4000
National Commission
The standard amount of INR 5000
Access the Website of the Ministry of Consumer Affairs to raise grievances online - www.consumerhelpline.gov.in.
Consumer Helpline number: 1800-11-4000
2. Draft your complaint: Now that the developer has not taken any action, the next step for the consumer (buyer) is to submit a formal complaint as per the Consumer Protection Act, 1986. To do this, a lawyer's help is not required. The complaint should state all necessary facts necessary that are required to establish a cause of action. The form must be filled and submitted to the Commission. The complaint must be filed in the district forum where the buyer's residence or office of profit/area or the area of the project falls under its jurisdiction. All the details (about the complainant and the opposite party) should be provided on a plain paper. Details of compensation costs and/or the relief sought have to be explicitly stated within the complaint and signature of the complainant at the end of the complaint is required. An authorisation letter is mandatory to produce in case another person files a complaint on behalf of the consumer. Finally, an affidavit is to be submitted by the buyer stating that all the contents of the complaint are true with copies of all documents to support the complaint.
Some Types of Complaints: sub-standard work, construction without approvals, construction on illegally acquired land, fraud in booking, hidden charges, cancellation of the project, delay in delivering possession.
3. Pay a fee: Fee is to be paid through a demand draft.
Summary of the fee as per claim (District forum):
Up to INR 1 lakh: INR 100
Between INR 1-5 lakh: INR 200
Between INR 5-10 lakh: INR 400
Between INR 10-20 lakh: INR 500
Claims at State Forums:
Between INR 20-50 lakh: INR 2000
Between INR 50 lakh and INR 1 crore: INR 4000
National Commission
The standard amount of INR 5000
Access the Website of the Ministry of Consumer Affairs to raise grievances online - www.consumerhelpline.gov.in.
Consumer Helpline number: 1800-11-4000
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