Indian Kanoon - Action against builder for delayed possession - LawRato

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Where someone has paid an amount to a builder in respect of a unit and the builder delays possession of the very same, then a complaint can be filed against the builder at any of the Consumer Courts depending upon the value of the property so involved.

A complaint to the Consumer Court in a prescribed format is enough to trigger action against a builder. Consumer Courts are also quick in their decision-making and in the recent past have taken a strict view against the builders.

A builder who constructs a house or hires the services of a contractor to develop a property is engaged in the act of providing service to his customer, and for which he is getting monetarily compensated. This makes him a service provider under the Consumer Protection Act, 1986 and in the case of deficiency of service one can approach the Consumer Court.

• If the value of the property or the amount of damage suffered is less than that of 20 lakhs, the District Court can be approached for the same.
• If the value of the property or the amount of damage suffered is more than 20 lakhs and less than 1 crore, the State Commission can be approached for the same.
• If the value of the property or the amount of damage suffered is above 1 Crore is filed directly with the National Commission.

Below mentioned are the steps to file a consumer complaint against a builder:
1. Send a well drafted Legal Notice to the builder stating your reasons for discontent
2. Wait for a response for the stipulated time from the other party
3. On no-response, prepare a petition stating facts and evidence with the help of expert legal advice.
4. Approach the Consumer Court and file your petition against the builder
5. In the event of a delay in possession by a builder, there is no time constraint that the buyer has to follow to file the complaint.

Advocate Aditya Parolia can be consulted for further information at http://lawrato.com/advocate-aditya-pa... or by calling 09599-000-555.