How to file case against builder delaying handing over of possession

637 votes

If possession is not delivered on time, a purchaser can send a notice to the builder, claiming refund of the amounts paid along with interest and/or damages. “The buyer can also file a consumer complaint for ‘deficiency in service’ as defined under the Consumer Protection Act, 1986 against the builder.

LawRato LawRato

812 votes

The Supreme Court as well as NCDRC has held that flat owners can come together and file a single case against the builder for delay in delivery of possession and deficiency of service. The jurisdiction for this purpose will be calculated on the basis of the total compensation prayed for.
The fee for a consumer case will depend upon individual lawyer. More details can be given once specific details are shared.

Advocate Mishika Singh LawRato

801 votes

Dear Flat owners,
If the cumulative value of all the flats+compensation claim combined is more than 1 crore then you can file your case together before National Consumer Disputes Redressal Forum i.e. one case can be filed jointly. You will have to pay Rs 10000 as Court fees. I am dealing with such consumer dispute matters so you may contact me for further clarifications.

Regards,
Akanksha Choudhary

Advocate Akanksha Choudhary LawRato

733 votes

No the cases will have to be filed separately ando the court fee would be charged individually i.e. 5000 each in case of national commission. Though the matters can be clubbed and tried together. The cost of lawyers differ lawyer to lawyer.

Advocate Prashant Kumar LawRato

529 votes

You can file one case by including all 50 flat owners. This comes in the wake up of recently passed supreme court judgement in CA NO 10882 OF 2016 TITLED as M/S AMRAPALI SAPHIRE DEVELOPER PVT LTD VS M/S AMRAPALI SAPPHIRE FLAT BUYERS WELFARE ASSOCIATION in this judgement the Supreme court had upheld the order passed by the NCDRC in which:-
Justice Jain had said, "Once it is accepted that a consumer complaint on behalf of more than one consumer can be filed by a recognised consumer association, it can hardly be disputed that it is the aggregate value of the services which has to be taken for the purpose of determining the pecuniary jurisdiction of the consumer forum before which the complaint is filed."
Referring to the 43 flat owners' joint plea through an association, the NCDRC had said that if the aggregate value of services in respect of the flat buyers, on whose behalf this complaint was filed, was taken, then it exceeded Rs 1 crore and hence NCDRC has jurisdiction to entertain their plea.
In view of this judgement the 50 flat owners can join hands together and file a compliant.

Your next question of Rs. 5000 Court Fee?
The above judgement was silent on the court fee. However, let me advise you on this that if you all join hands together and file a single complain being the same flat owners then you will have to file only one court fee of Rs. 5000/-.

If you are approaching as an association first please check that no other association has filed a complain. If yes then you all can be imploded as a party. Then also you pay Rs. 5000/-.

All your cases will be listed together. The cost of hiring a lawyer is individualistic. We can discuss on average cost.

Advocate Shekhar Raj Sharma LawRato