COMPLAINT AGAINST BUILDER

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The Real Estate (Regulation and Development) Act, 2016 (RERA)

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 builder in writing. Do not worry if the builder refuses to accept your notice as only proof of sending is required. Send the notice to builder 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.

Contact ICRPC to get help for sending notice and filing complaint against the builder in the consumer court. Download the procedure and read it before filing your online consumer complaint against the builder with ICRPC.

CASES WE WON RECENTLY AGAINST BUILDER

(Download the consumer court order in PDF)

Order by District Commission, Pune

Order by State Commission, Mumbai

Order by District Commission, Raigad, Maharashtra