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Consumer court for Real Estate?

18 Jan 2020

Follow these points to file a Complaint in Consumer Court?

If there are any kind of delays in the project, frauds on property, defaulted agreement ? a property buyer will mostly look through among one of these things or more in some way if that home buyer ends up buying a property in an illegal project. These longer trials in court can also result in a difficult situation. As a result, to make things easy and simple, it is confirmed by consumer courts to accept the real estate cases where properties are even less than Rs 1 crore. To file a complaint in the consumer court, there would be no need to hire a lawyer.

Step 1

You can send a note to the Construction Company/ developer, before you file any kind of formal complaint. The consumer should give notice to the opposite party which is regarding the lack in service or unfair practice. Just to check that other parties are willing to offer compensation to make the good the loss suffered by the consumer. If the notice is rejected by the developer, then you can also approach the consumer court.

Step 2

Under the Consumer Protection Act, 1986 you can submit a formal complaint. There would be no requirement to appoint any lawyer for filing the suit. You can fill out a complaint form and submit it to the commission. Use a blank paper and note down the appropriate details of the complainer and the opposite party. On the other hand, consumer grievance redressal forums are suggested as well which also helps consumers in filing and forming petition at low cost. One of the non-governmental organisations is also the International Consumer Rights Protection Council.

It is mandatory for the consumer to file the complaint in the district forum that is under its authority and also the other party's location or office of profit or the area to project where it is located.

Step 3

The fee should be submitted by you through a demand draft. It is followed by consumer forums difference jurisdiction to entertain about the complaint:

  • If anyone claims a low cost that is less than Rs 20 lakh, the District Consumer Disputes Redressal Forum will appeal it.

  • If it is claimed highly or more than Rs 20 lakh but less than Rs 1 crore, the State Consumer Dispute Redressal Commission will take the complaint seriously.

  • If anyone claims high that is more than Rs 1 crore, the National Consumer Disputes Redressal Commission would attend to the request.

Cost Details

For district forums:

  1. If it is up to Rs 1 lakh: Rs 100

  2. If it is in the range of Rs 1-5 lakh:  Rs 200

  3. If it is between Rs 5-10 lakh: Rs 400

  4. If it is above Rs 10 lakh and up to Rs 20 lakh: Rs 500

For state forums:

  1. If the cost is above Rs 20 lakh but less than Rs 50 lakh: Rs 2,000

  2. If the cost is above Rs 50 lakh and up to Rs 1 crore: Rs 4,000

For the National Commission:

  • The standard rates of Rs 5,000 are the charges.

Several types of Faults which you can complain against

  1. Low grade work

  2. Construction which are not authorised

  3. Construction  in unauthorized land

  4. Fake booking

  5. Remaking of land use, layout plan, structures with allottee’s acceptance.

  6. Rates that are not disclosed

  7. Improvement of external development rates

  8. Dissolution of project

  9. Loss done of that amount

  10. Late to deliver possession

  11. Formation of third party interest

  12. Completion certificate not arranged.

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