How to file case against builder for fraud in a consumer court

Under the Indian law, a complaint against a builder can be filed either under the Consumer Protection Act, 1986 in a consumer court or it can be filed under the Real Estate (Regulation and Development) Act, 2016 before the Real Estate Regulatory Authority (RERA).
 

Filing a complaint under the Consumer Protection Act

If a builder has provided deficient services, a complaint can be filed against him in a consumer court under the Consumer Protection Act. While deciding whether a service was deficient or not, one should consider the following on part of the builder:

1. If he charged an amount higher than agreed.

2. Did not give a receipt against the amount paid.

3. Delivered a poor quality construction.

4. Delivered a house that does not comply with the specifications agreed upon.

5. Did not provide for a 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 tanks.

8. Did not provide enough ventilation and light.

9. Did not deliver the house within the agreed time period.

10. Did not give accounts of the expenses against which the builder has collected money, etc.

In order to file a complaint against a builder, one should first send a legal notice to him in writing. In case he refuses to accept your notice, only the proof of sending the notice would be enough to file a complaint, however, the notice shall be sent through a registered post and the receipt shall be retained. The proof of sending notice is valid under the Consumer Protection Act and is considered as the notice has been duly served. Once the notice has been served and a reply is not received for the same or if the builder has denied his liability, a complaint against the builder can be filed in the consumer court.