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Pankaj Tyagi
| Updated: 13 May, 2021 | Category: Consumer Complaint

How to File a Consumer Complaint against the Builder in India?

How to File a Consumer Complaint against the Builder in India
Reading Time: 4 minutes

Filing a consumer complaint against the builder outside the regime of RERA is now simple than ever. Complainants are required to submit a fee for filing a consumer complaint in respective courts. In this article, we will explain the process of filing a consumer complaint against the builder in India.

In this technological era, registering a grievance against the malpractice of trade such as property fraud and delayed possession has become stress-free & simple. Any complainant can lodge a grievance in the consumer court for any offense committed by the real estate firm. The best part is that no lawyer is required to serve that purpose.

Step-By-Step Guide for Lodging a Consumer Complaint against the Builder

Following is the procedure for filing online complaint against the builder on the INGRAM portal.

Step-By-Step Guide for Lodging a Consumer Complaint against the Builder

STEP 1: Sending a Notice to the Defaulter

Before loading a consumer complaint against the builder, a complainant ought to issue a formal notice to the defaulter. As per bylaws, it is vital that the consumer must communicate with defaulter and allow him/her to respond to it. If the developer fails to respond to the given notice, you can head over to the consumer court.

STEP 2: Online Grievance Submission

To register an online complaint, you need to create login credentials. After completing the said requirement, login to the portal. While providing details during the grievance submission, make sure to submit the developer’s info such as name, address, contact detail, and project-related details. Complainants can also upload supporting documentation. 

The given practices are deemed unlawful in the court of law pertaining to the real estate sector. A consumer can lodge a complaint for-.

  • Deferred possession
  • Failing to provide a Completion Certificate (CC)
  • Sub-par construction quality
  • Construction defy requisite approvals
  • Use of unauthorized land for Construction
  • Fraud in property booking
  • Any modification in layout plan, land use, and structures.
  • Hidden charges
  • Cancellation of the project
  • Enhanced External Development Charges (EDC)
  • Forfeiture of the amount

STEP 3: Submission of Fee

After filling the online form, the complainant would need to submit a fee for registering a consumer complaint against the builder. The payment can be made online.

If the complaint is worth less than INR 20 lakh, the District Consumer Disputes Redressal Forum will entertain it. To register a claim in the said category, a complainant must submit a fee as given below:-

  • Up to INR 1 lakh – INR 100
  • Between INR 1-5 lakh – INR 200
  • Between INR 5-10 lakh – INR 400
  • Between INR 10-20 lakh – INR 500

If the compliant reflect a monetary offense lies between a range of 20lakh-1Crore¸, the State Consumer Dispute Redressal Commission will address the problem. For States forums, the following charges will be applicable as a fee.

  • INR 2,000 for a property worth more than INR 20 lakh but less than INR 50 lakh
  • INR 4,000 for a flat worth more than INR 50 lakh and up to INR 1 crore

Furthermore, if the complaint highlights the worth of the property more than INR 1 crore, the National Consumer Disputes Redressal Commission[1] would act as a hearing court. The amount of INR 5000 will be imposed as a fee for filing a plea.  

Read our article:Learn to File Consumer Grievance Online for Securing Consumer Right

Tabular Representation of a Fee Structure for Filing a Plea in a Respective Court

Complaint amount Case to be handled by Fees payable
Up to INR 1 lakh District Court INR 100
INR 1-5 lakh District Court INR 200
INR 5-10 lakh District Court INR 400
INR 10-20 lakh District Court INR 500
INR 20-50 lakh State Court INR 2,000
INR 50 lakh – INR 1 crore State Court INR 4,000
Above INR 1 crore National Court INR 5,000

How to Check the Status Of a Complaint Filed with the Court?

A consumer can check the status of their complaint by clicking the following link: https://consumerhelpline.gov.in/user/track-complaint.php

Now to get the status, all you need to enter the docket number (generated at the time of the complaint filing) and a registered mobile number.

Other Avenues for Lodging Consumer Complaint against the Builder

The Indian government provides the consumer with multiple alternatives to lodge a consumer complaint against the builder.

  • Apart from registering an online complaint, a complainant can make a call to lodge his/her grievance at 1800-11-4000 or 14404. A consumer can contact such avenue between 09:30 AM To 05:30 PM (IST), but not on the National Holidays.
  • A complainant can dial an SMS on this no. – 08130009809 to lodge a consumer complaint against the builder.
  • You can download mobile applications – NCH App and UMANG App – to lodge consumer complaints against the builder.

Due Consideration of Attributes to Avoid Real Estate Fraud

Make sure to examine the following attributes thoroughly before making a payment (full or partial) to the builders for a property:

  • Property Price
  • Flat’s Carpet Area
  • Land Record
  • Legal Check of Property
  • Apartment Possession
  • Financing Banks
  • Builder-Buyer Agreement
  • Location of the Flat

About the INGRAM (Integrated Grievance Redressal Mechanism)

Integrated Grievance Redress Mechanism (INGRAM) acts as an official government avenue that empowers citizens of India to report the injustice related to trade. The platform was launched by the Department of Consumer Affairs aiming to facilitate an avenue for online filing of consumer’s grievances. The portal promotes awareness regarding consumer right among the citizens of India.

Conclusion

Purchasing a property or a home is an extremely vital decision for any buyer because it involves the significant amount of cost that they spared through the years of hardship. There were instances when builders looted their customers through offensive acts that even cost them losing the entire fund in the transaction. This is a severe crime, and thankfully our legal system empowers us to subdue such acts through a reliable legal avenue like INGRAM.

Read our article:Here are the Steps to File a Consumer Complaint in India

Pankaj Tyagi

Pankaj has a diverse experience of writing research papers, blog, and articles during his college time. Earlier, he was working as a tax consultant in a financial firm, but his interest in writing drives him to pursue a career in the writing field.

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