Prashant (Manager) 06 December 2012

Consumer complaint against builder for non-obtention of oc

I had bought flat in Thane (W)- B-Cabin in Aug 2011. Till Date builder has not obtained occupancy certificate. I have gone through the sanctioned plan and he had shown 4 parking slots for getting approval of building plan. Now he is dening parking slots also and claims he had completed all formalities for getting OC 4-5 months back and TMC has not issued it. He has given a childish reason that TMC has misplaced his file.

I have filed RTI in TMC also to know the reasons for not issuing OC till date.

I want to file complaint against this builder, request inputs on procedure and effectiveness of filing case against the builder for this reason in consumer court.

Thanks,

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6 Replies

Ibrahim Deshmukh (Legal Consultancy) 10 February 2013

Dear Prashant: You need to file a complaint against the Builder under The Consumer Protection Act 1986, under Section 12 (1) (a) in Thane District Consumer Fourm, for deficiency in service, that too within 2 years of taking possession (i.e. befor July 2013.

You may also include in your complaint, non-allotment of car parking based on your Agreement to Sale, and besides if you find any other faults in the building construction, leakages/cracks etc in the walls, non-formation of CHS by the Builder etc.

You need to arrage proper documents for an effective complaint.

Better to act now than later.

Ibrahim Deshmukh
Legal Consultant
Kuwait
Email: ibdesh@gmail.com
www.law-india.com

vivek anand (student) 10 February 2013

hello sir,
a case has been registered against me & my friend under 294 of ipc for saying hello to a lady who is unknown to us.the lady complained to the police who were present nearby checking the license of vehicles .the police took us in police station and booked us under 294 of ipc.nw we r going to trial court from the last one and half year.we took a lawyer nd from the last one year we used to go nd takes the next date nd whenever asked frm our lawyer when the case would be concluded nd everytym he says that in two to three hearing .bt i think he is not of the intent of finalizing the case .everytym we go we give some money to get the next date .nw our lawyer is saying to confess the offense and get rid of the case by giving 200 fine .bt we dont want to confess coz we have heard if we wud confess then we wud face trouble in getting jobs .we even contacted to the lady and her lawyer they also said to confess the offense .we have already given 10000 ruppes for bail.nw plz help us wat to do .should we go to 482 of crpc to stay the proceedings .our lawyer is not giving us proper information .so plz help wat to do. nd if we go to 482 of crpc then for hw much time the case wud be stayed.

Nitish Banka (lawyer) 04 February 2018

If you are a flat buyer and still waiting for possession of your dream flat and there has been years of delay now. You are also paying Rent and EMI you are financially drained and want to get out of the mess. Read this article and get out of mess without high legal fees.

Nitish Banka (lawyer) 04 February 2018

Nitish Banka (lawyer) 31 March 2018

How to fight case against builder when you have no money?

Posted by: Nitish Banka Categories: Uncategorized

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One option is you go for legal remedy in court of law RERA or consumer forum individually which will again cost you more and more money and also time. This is an old technique which many people are using.

Image result for builder complaints

Other option is you search for other people like you and you will find around 100-200 people who are affected by false promises made by builder.

But how this is going to help you…

If you form a group of at least 5-10 people to start with. You can initiate a legal proceedings against builder in NCDRC consumer forum under 12(1)(C) of consumer forum

Again a legal proceeding I don’t want to get into all this…

Well this is a different procedure here you file a case in a group like 5-10 people.

What about legal cost?

Since you are filing a single complaint against builder so cost factor is minimum as compared to individual complaint.

Like individual complaint cost increases as your case progresses in this case the legal cost reduces as more and more people become part of the complaint.

Is it effective.

Since may people will join for a cause it is an effective way to put pressure on builder to settle as number of people are bound to increase as case progesses.

This way at low cost you will get effective remedy.

to know more just mail your query at nitish@lexspeak.in

Adv. Nitish Banka

9891549997

Yusuf Rampurawala 03 April 2018

Hi. Instead of a consumer complain, simply file a RERA complaint. Its faster and more effective. You can choose to file complain in either of these two foras but not in both the foras. Go for RERA for speedier remedy.