File a complaint against the builder in the RERA tribunal immediately.
Builder issue - Approaching Consumer Court and other remedies
Dear Sir , My query is as under . Builder has not yet given me the possession (nor refund) of the property which i had bought almost 15 yrs back . I am based out of Mumbai but the said property is in Delhi/ Ghaziabad. I had approached NCLT but with recent supreme Court ruling , NCLT is not an option now . Since i am based out of Mumbai , i wanted to check if i can approach Consumer Court in Mumbai (post the recent amendment to the consumer Act) Any other effective remedy you may wish to suggest .
Asked 4 years ago in Property Law
Religion: Hindu
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8 Answers
File complaint against builder before RERA in Delhi
2) seek orders to direct builder to deliver possession within stipulated period
3) to pay you compensation for delay in delivery of possession
4) cases before consumer forum take years to be disposed of
Have you approached the builder with a demand letter and what was the reply by the builder?
Have you approached the RERA and exhausted the remedy?
Have you even tried to approach consumer forum at Delhi earlier and what was the result if you had filed a complaint, if you have not filed any complaint o far, then why did you not take any action so far in this regard?
Without knowing any details of what action you have taken for the last 15 years what is the advice or opinion you expect from the experts of this forum?
Any advise or opinion given to you at this juncture without knowing the steps taken by you so far, may be a misleading advice which may throw you into more troubles.
Dear Mr. Kalaiselvan , As i mentioned clearly , i had approached NCLT . But now with new changes in IBC and upheld by Supreme Court in Jan 2021 , i will have to remove my case from NCLT. And since i had already approached NCLT in 2019 why would i have gone to RERA or Consumer Court (CC) that time . But now i will have to approach either RERA or CC or both depending upon the advice received. I would like to approach Consumer Court in Mumbai if that is possible. I beleive recently there are amendments to Consumer Act where one can file case in the area where petitioner resides and hence i wanted to confirm this aspect. RERA ofcourse will be only in Delhi.
Asked 4 years ago
The Consumer Protection Act, 2019 ("New Act") got presidential assent on 9th August 2019, and the same came into effect from 20th July 2020 replacing the old Consumer Protection Act, 1986 ("Old Act"). The purpose of the act is to protect the interest of the consumers and to provide effective and timely settlement of dispute, connected to consumers. The New Act introduced the online filing of complaint and meditation proceeding for the speedy and effective disposal of consumer cases.
In the New Act, Central Protection Councils are recognised as advisory bodies to protect and promote the Consumer Rights, which are established at District, State and Central level.
The New Act introduces the "Online Filing" of Consumer Complaint.
Step 1 (Issuance Of Notice): Before the filing of the complaint, it is advisable for the complainant to issue a notice to the opposite party, highlighting the defects/deficiencies in the goods or services provided. If parties don't agree to come to a mutual understanding then the complainant can file a complaint before a jurisdiction authority/forum.
Step 2 (Determining the Jurisdiction): The Complaint has to be filed within the Pecuniary and Territorial Jurisdiction.
Pecuniary Jurisdiction: (As Per New Act)
- District Commission: Amount not exceeding 1 crore
- State Commission: Rupees 1 Crore to 10 Crore
- National Commission: Amount exceeding Rupees 10 Crore
Territorial Jurisdiction:
Place where the opposite party resides or if there are more than one opposite party, then the place where opposite parties reside or carry on business or personally works for gain.
Step 3 (Submission of Complaint): Complaint can be submitted in the form of Writing or through Online.
Therefore you may have to file the complaint within the territorial jurisdiction of the opponent as per the new act.
You can certainly file complaint in District Consumer Forum, Mumbai invoking Section 34 (1) (d) of Consumer Protection Act, 2019. There is no doubt about it.
Disposal before RERA is faster
in consumer forum cases would take longer to be disposed of
consumer can also file the complaint from wherever he resides rather than relying on territorial jurisdiction.
Dear Sir,
1)You can approach both, the RERA special court in Delhi and Consumer Court in Mumbai, as per Supreme Court judgement Imperial Structures Limited v. Surinder Anil Patni and Another.
2)As per section 34 2 (d), of the new consumer protection act 2019, you are free to approach the consumer court of the place where you reside or personally works for gain, ie Mumbai.
Thank you
RERA, Delhi is the best and quick remedy. Your physical appearance is not required only your counsel can appear on your behalf. Rest filing of complaint, documents can be done by speed post.
