Is a consumer empowered with contesting the builder in consumer courts? What are the provisions for the same? Is he empowered to prove the deficiency in the house and the developer has not addressed the issue, despite the requests made? Here are the answers to the same in seraitim
The first step is to identify the jurisdiction of the forum where the complaint is to be filed. This issue needs to be identified from two angles of jurisdiction Territorial and Pecuniary. The complaint can be filed with the district forum for property value upto Rs 20 lakh; state commission can be approached for Rs 20 lakhs to Rs 1 crore; and national commission for the amount exceeding Rs 1 crore. The complainant has to pay a prescribed fee along with the complaint before the district forum, state commission and the national commission as the case may be. The Act provides for a limitation period of two years from the date of cause of action, i.e possession of the house. In case there is a delay in filing the complaint, one has to explain the delay that can be condoned by the tribunal.
The next step involves that the complaint draft must narrate facts necessary to establish a cause of action. At the end of the complaint, one has to put signatures and in case any other person is authorised to file the complaint, then the complaint has to be accompanied with an authorisation letter. The complaint draft must mention the name, description and address of the complainant. Along with the complaint, a buyer is also required to file an affidavit mentioning that facts stated in the complaint are true and correct. Copies of all the documents supporting the allegations have to be attached, including the Builder-Buyer Agreement and repeated requests made to rectify the defect or fault. The complainant must ask for compensation costs, which should be specifically alleged in the complaint. Besides compensation, a home-buyer can also ask for the refunds, damages, litigation costs and interest amount.One should submit the breakup of amount claimed under different heads but do remember to claim the compensation or other relief as per the pecuniary value of the forums.
Once, all the aforesaid is done, the Consumer Forum would pass its orders and the Buyer can get his refund, if the case is proved.