Hello,
You can make him realize that what he did amounts to misrepresentation and you could take him to court and if he still doesn’t get it done, then you should approach the consumer court.
STEP 1: Issue a notice to the developer
Before filing a complaint in the consumer court against any builder, a complainant must issue a formal notice to the construction company or the builder. As per the norms, it is important that the consumer must inform about the unfair practice to the concerned developer and allow the opposite party to respond to it. If the developer is unwilling to offer the compensation or refuses the issued notice, then you can approach the consumer court.
STEP 2: Submit a complaint online
Now, after receiving no response from the developer against your notice, you can register an online complaint to the court. Firstly, you need to create a consumer login.
Once you have registered, you need to login to file the issue. While filing the complaint, a complainant would be required to furnish their personal and project-related details. Complainants can also attach supporting documents.
The following practices are considered as fraudulent in the court of law in case of the real estate sector. A consumer can file a complaint for –
- Delayed possession
- Not providing Completion Certificate (CC)
- Sub-standard construction quality
- Construction without attaining requisite approvals
- Construction on unauthorised land
- Fraud in booking of your property
- Any alteration in land use, layout plan, structures
- Hidden charges
- Enhanced External Development Charges (EDC)
- Cancellation of the project
- Forfeiture of the amount
STEP 3: Submit the fees
Once the form is fully filled, the complainant would need to pay a sum for registering the complaint before the consumer court. The transaction can even be made online.
If the complaint is worth less than Rs 20 lakh, the District Consumer Disputes Redressal Forum will entertain it. To file a claim in this category, a complainant needs to pay fees as mentioned below –
- Up to Rs 1 lakh - Rs 100
- Between Rs 1-5 lakh - Rs 200
- Between Rs 5-10 lakh - Rs 400
- Between Rs 10-20 lakh - Rs 500
If the complaint is about a real estate entity worth more than Rs 20 lakh but less than Rs 1 crore, the State Consumer Dispute Redressal Commission will hear the issue. For State Forums, a complainant is required to deposit
- Rs 2,000 for a property valued above Rs 20 lakh but less than Rs 50 lakh
- Rs 4,000 for a flat priced above Rs 50 lakh and up to Rs 1 crore
In the case of complaints registered for a property worth more than Rs 1 crore, the National Consumer Disputes Redressal Commission would become the hearing court. In such cases, Rs 5,000 is charged as a fee for filing a plea.
|
Complaint amount
|
Case to be handled by
|
Fees payable
|
|
Up to Rs 1 lakh
|
District Court
|
Rs 100
|
|
Rs 1-5 lakh
|
District Court
|
Rs 200
|
|
Rs 5-10 lakh
|
District Court
|
Rs 400
|
|
Rs 10-20 lakh
|
District Court
|
Rs 500
|
|
Rs 20-50 lakh
|
State Court
|
Rs 2,000
|
|
Rs 50 lakh – Rs 1 crore
|
State Court
|
Rs 4,000
|
|
Above Rs 1 crore
|
National Court
|
Rs 5,000
|
How to track the complaint filed with the consumer court?
A consumer can track the status of its filed complaint on the consumer court website.
You need to furnish the below-mentioned details to check the status –
- Docket Number
- Registered Mobile Number
Other platforms for filing complaints in the consumer court
The Government of India provides several options to file a complaint against any grievance a real estate consumer faces.
- You can download mobile applications - NCH App and UMANG App - to register any complaint in the consumer court.
There’s also a toll free number you can find online.
In order to log in go to
https://consumerhelpline.gov.in/user/signup.php
Thank you
