Property Law Videos - How to initiate action against builder for delayed possesion

Supreme Court of India passed a judgment stating that “all builders/contractor(s)/all concerned authorities of any State engaged in Housing Construction activity in any manner are amenable to Consumer Protection Act, 1986 for any act or omission relating to housing activity such as: “Delay in delivery of possession, non-completion of construction within the stipulated time, defective and faulty construction and more…”

The judgment clearly states the fact that 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 and hence liable under the clauses of Consumer Protection Act, 1986.

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 of discontent

2. Await for a response for the stipulated time from the other party

3. On no-response, prepare a petition stating facts and evidences 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 Jaspreet Singh Rai can be consulted for further information at http://lawrato.com/advocate-jaspreet-rai or by calling 09599-000-555.