In India, property buyers have a number of options for filing complaints against builders for any wrongdoing or offence. Among these are civil courts, consumer courts, and the RERA, the most current specialised platform. Despite the fact that the RERA is gaining traction among home buyers seeking justice, consumer courts have continued to accept a significant amount of property-related claims since it went live in 2017. Here is a step-by-step guide to registering a complaint with the Indian consumer court if you have a problem that needs to be addressed.

To begin, you must realise that you must follow a certain procedure in order to properly file a case with a consumer court. Because India's consumer courts operate on a three-tiered structure (district, state, and national levels), you must approach the appropriate authority to have your complaint resolved. To begin the procedure, you must also have your papers ready.

Consumer court jurisdiction

The first question is where should you file your case, given the three-tiered structure in place in consumer courts.

The amount of money involved in the deal determines everything. A monetary system is established by the consumer protection statute to split the competence of various agencies.

• Consumer court at the district level

Consumers can register complaints against builders at district-level commissions if the amount of the transaction is up to Rs 1 crore.

• Consumer court at the state level

Consumers can register complaints at state-level commissions if the value of the transaction is between Rs 1 crore and Rs 10 crores.

• Consumer court at the national level

A consumer can submit a complaint with a national consumer court if the value of the transaction exceeds Rs 10 crores.

What kind of complaints can you file with the consumer court?

You can file your complaint with the consumer court if you have been subjected to any of the following offences:

• Levying of hidden charge
• Poor quality work
• Delays in possession
• Project cancellation
• Illegal construction
• Forced possession
• Change in previously approved plan
• Booking-related fraud
• Unfair contract

Consumer forum complaint: Details to be provided against builder

The following details must be provided by a consumer when registering a complaint with the NCDRC or district or state-level consumer courts:

• Name of the consumer
• Address of the consumer
• Name of the builder
• Address of the builder
• Time, place and other facts relating your complaint with the builder
• Papers support your claims against the builder

Things to do before you file a complaint against a builder in the consumer court

In order to file a consumer complaint against the builder in the consumer court, you must undertake some documentation to verify that you have mentioned your complaint with the builder and that he has demonstrated unwillingness to resolve your grievance.

Send an early notification to the builder

This means you must first send the builder a note that clearly states the problem. You must also give the builder a reasonable amount of time to reply to your issue. If you discover that the builder has failed to resolve your concern or has entirely ignored the problem, it is time to file a complaint with the consumer court.

Draft the complaint

Under the Consumer Protection Act of 2019, you must now draft the complaint on a simple piece of paper. While you have the option of hiring a lawyer, it is totally acceptable to do everything on your own.

Process of filing a consumer complaint against builders

Outside of RERA, filing a complaint against builders in India is now quick and easy process. To submit a complaint in the consumer court, complainants must pay a charge. Here's a step-by-step guide to filing a case in India's consumer court.

Raising a complaint against any real estate failure, such as delayed possession and property scams, has grown easier and less stressful in the digital age. For any default in the real estate industry, any complainant can submit a consumer complaint in the consumer court. The best aspect is that filing a complaint in court does not require the consumer to engage an attorney.
 

Online Legal India provides step-by-step guidance for registering a case against real estate developers in the consumer court.

1. Issue a notice to the developer

A complainant must provide a formal notification to the building business or the builder before filing a complaint against that builder in the consumer court. According to the rules, the consumer must notify the concerned builder of the unfair behaviour and provide the other party a chance to reply. If the builder refuses to give compensation or ignores the issued notification, you can file a complaint with the consumer court.

2. Submit a complaint online

You can now file an online complaint with the court after obtaining no answer from the developer in response to your notification. To begin, you must establish a customer login.

To file an issue, you must first register and then login. A complainant would be expected to provide personal and project-related information when registering the consumer complaint. Complainants might attach supporting paperwork as well.

3. Submit the fees

After completing the form, the complainant must pay a fee to lodge the complaint with the consumer court. The purchase can even be completed over the internet.

If the complaint is worth less than Rs 20 lakh, it will be heard by the District Consumer Disputes Redressal Forum. A complainant must pay the following fees to file a claim in this classification:

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

The State Consumer Dispute Redressal Commission will consider the case if the real estate entity is worth more than Rs 20 lakh but less than Rs 1 crore. A complaint must deposit money in order to participate in State Forums:

• Rs 2,000 for a property valued above Rs 20 lakh but less than Rs 50 lakh
• Rs 4,000 for a flat priced above Rs 50 lakh and up to Rs 1 crore

The National Consumer Disputes Redressal Commission will be the hearing court for cases involving properties valued more than Rs 1 crore. A cost of Rs 5,000 is levied in such situations for making an appeal.