How to file a case against builder for delay in giving possession of the flat?

Overview: The flat buyer can approach the consumer court against his bulder for a variety of reasons including, non-execution of relevant sale agreement despite having received a substantial advance amount, defected construction, on account of the house not being in  compliance with specifications as agreed between the parties, delayed delivery or non delievery of possession within stipulated time limit etc.

Purpose: The purpose of this article is to provide an overview about instituting a consumer complaint against the builder in case the possession of the house/ flat is delayed. This article applies to cases where the buyer fits the category of consumer under the consumer protection act 1986.

Areas of Application of Law: Consumer protection act 1986

Process:

First step is to ascertain whether you are a consumer or not. If you do not satisfy the requirements of the consumer protection act then you cannot avail the remedy as provided in the consumer protection act and will have to use other laws and remedies available. Even though you may plead your own case, it is still advisable to consult a lawyer and seek his opinion.

 

Assuming you are a consumer then the first step is to draft a legal notice with the help of a lawyer and then to send this legal notice to your builder in writing. It is advisable to send the notice by registered post and retain the proof of sending to be used later. Now you have to wait for the reply on behalf of your builder. In case no reply is received or an insufficient reply is received then, in consultation with your lawyer, you can have a consumer complaint drafted and filed before the consumer commission having jurisdiction over the matter. The jurisdiction will not only depend upon the area but will also depend upon the cost of your flat and compensation which is being sought. You must remember that in case the complaint is filed without making a full disclosure about any delay in payments on your part or not disclosing any important document then all these factors would prove to be fatal to your case. Therefore you ought to be careful and make a full disclosure of the case first to your lawyer, who in consideration of the same would include these in your consumer complaint or would advise you to approach any other forum.  

The complaint can be filed by the individual buyer on payment of the prescribed fee or it can also be filed by the association of flat buyers through the authorized signatory.

 

Documents required to be submitted in the court if any: Buyer agreement, demand notices, payment receipts, any correspondence received from the builder or exchanged between the parties, legal notice sent to the builder if any, a resolution when a complaint is filed on behalf of a society, vakaltnama and any other document to support your need as advised by your lawyer.

Punishment/Expected Relief: relief against the builder and compensation.

Legal Process Outsourcing This Document

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