minal 04 May 2022
Anogh Pradhan (Lawyer) 04 May 2022
SHIRISH PAWAR, 7738990900 (Advocate) 04 May 2022
Yes, you have to approach the consumer commission and file a complaint against the builder. The commission may direct the builder to fulfill the promises made by the builder and also grant compensation for deficiency in service.
Advocate Bhartesh goyal (advocate) 04 May 2022
Non providing promised facilities by builder amounts his deficiencies in services also unfare trade practice.Send legsl notice to builder in this regard. If builder fails to comply with notice then file complaint before District Consumer Commission and prey for issuance of directions to builder to provide promised facilities also claim compensation towards mental and physical agony.
Advocate Y.K. Mehrotra (Advocate) 04 May 2022
In addition to what has been said so far.
Complaint against builder can be filed in the Consumer Court under the Consumer Protection Act 2019 in the district where you reside. Complaint against builder may also be filed under The Real Estate (Regulation and Development) Act, 2016 (RERA). Hence, you have a good scope to get your complaint against builder redressed through consumer court or RERA.
The Real Estate (Regulation and Development) Act, 2016 (RERA) deals with complaints against builder and Real Estate Agents. According to this act, every real estate project (where the total area to be developed exceeds 500 sq mtrs or more than 8 apartments is proposed to be developed in any phase), must be registered with its respective state’s RERA. Existing projects where the completion certificate (CC) or occupancy certificate (OC) has not been issued, are also required to comply with the registration requirements under the Act. While applying for registration, promoters are required to provide detailed information on the project e.g. land status, details of the promoter, approvals, schedule of completion, etc. Only when registration is completed and other approvals (construction related) are in place, can the project be marketed.
You can file a complaint in case the builder has given you deficient services regarding the following:
1) Builder charged higher than agreed amount.
2) Builder did not give a receipt against the paid amount.
3) Builder delivered a poor quality construction.
4) Builder 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 complaint against builder, 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 65 (3) of the Consumer Protection Act of 2019 even if the Opposite Party refuses to accept it, and will be considered as the notice has been duly served.
File your complaint in the consumer court if the builder does not respond to your notice.
Let me know if you want me to assist you at firstname.lastname@example.org or call me at 8130714043