There are several common builder complaints in India that are often reported by homebuyers. Here are a few examples:

1. Delay in possession: Builders often delay the possession of the property beyond the agreed upon deadline, causing inconvenience and financial loss to the buyers.
2. Poor quality of construction: Buyers may complain about substandard quality of construction, which may include issues such as leakage, cracks, and other structural defects.
3. Unapproved changes to layout and design: Builders may make unauthorized changes to the layout and design of the property, without the consent of the buyer.
4. Hidden costs and charges: Some builders may add hidden costs and charges, which are not disclosed to the buyer during the initial stages of the transaction.
5. Non-compliance with building codes and regulations: Builders may fail to comply with building codes and regulations, which may result in legal complications for the buyers in the future.
6. Non-payment of compensation for delays: In case of delay in possession, builders may fail to pay compensation to the buyers, as per the agreed upon terms.
7. Non-refund of booking amount: In case the buyer cancels the booking, the builder may not refund the booking amount or deduct a large cancellation fee.
8. Poor after-sales service: Builders may not provide adequate after-sales service, such as maintenance and repairs.
9. Misrepresentation of amenities and facilities: Builders may falsely advertise amenities and facilities that are not actually provided.
10. Non-issuance of completion certificate: In case of a completed project, the builder may not issue the completion certificate, which is necessary for obtaining the occupancy certificate and other legal clearances.

Various forums for builder complaints in India

There are various forums available for builder complaints in India, depending on the nature and severity of the complaint. Some of these forums include:

1. Consumer Courts: The National Consumer Disputes Redressal Commission (NCDRC), State Consumer Disputes Redressal Commissions (SCDRCs), and District Consumer Disputes Redressal Forums (DCDRFs) are consumer courts that handle disputes between consumers and builders.
2. Real Estate Regulatory Authority (RERA): RERA is a regulatory body that was established to protect the interests of homebuyers and promote transparency in the real estate sector. It has the power to impose penalties on builders for non-compliance with regulations and to resolve disputes between buyers and builders.
3. Civil Court: A civil court is an option when a buyer wants to take legal action against a builder for breach of contract, non-compliance with building laws, or other civil disputes.
4. Criminal Court: A criminal court can be approached when a buyer wants to take legal action against a builder for criminal offenses such as cheating, forgery, and criminal breach of trust.
5. Arbitration: Arbitration is a dispute resolution mechanism that involves appointing a neutral third party to settle the dispute between the parties. It can be an effective alternative to court litigation.
6. Online Grievance Redressal System: The Ministry of Housing and Urban Affairs has launched an online grievance redressal system called the ‘Centralized Public Grievance Redress and Monitoring System’ (CPGRAMS), which allows buyers to register complaints against builders online.
7. Competition Commission of India: The Competition Commission of India (CCI) is a regulatory body that ensures fair competition in the market. It can take action against builders for anti-competitive practices and abuse of dominant position.
8. National Company Law Tribunal: The National Company Law Tribunal (NCLT) is a quasi-judicial body that deals with matters related to companies and their stakeholders. It can handle disputes between homebuyers and builders under the Insolvency and Bankruptcy Code (IBC).

Class action suits at NCDRC….

A class action suit at the National Consumer Disputes Redressal Commission (NCDRC) is a legal proceeding in which a group of people collectively sue a defendant, usually a corporation or business, for damages or compensation for harm caused by a common issue, such as a defective product or unfair business practices.

In a class action suit, one or more individuals, known as lead plaintiffs or class representatives, file a lawsuit on behalf of a larger group of people, known as the class members, who have all been affected by the same issue. The class members are typically too numerous to join as individual plaintiffs in the same lawsuit, and a class action allows them to pool their resources and seek justice collectively.

The NCDRC is the apex consumer forum in India that handles disputes related to consumer protection. It has the jurisdiction to hear class action suits involving consumers from across the country, as long as the dispute involves a product or service that is valued at least Rs. 2 crore ( and there is a common issue affecting a large number of consumer

Recent Class action won at NCDRC with Orders

BPTP Case

In a recent ruling, the National Consumer Disputes Redressal Commission (NCDRC) ordered BPTP Limited, a leading real estate developer in India, to pay nearly double the compensation amount to 15 buyers who had filed a case against the company for delay in possession of their flats.

The case was filed by the buyers in 2018, alleging that BPTP Limited had failed to deliver the possession of their flats on time, despite receiving the full payment. The buyers had booked their flats in BPTP’s Terra

All homeowners got 8% PA refund as compensation amount..

Ramprastha Cases

In a recent legal victory, the National Consumer Disputes Redressal Commission (NCDRC) ruled in favor of a group of homeowners in a builder dispute case against Ramprastha Promoters and Developers Limited. The ruling is a significant development for Indian homebuyers who have long suffered due to the unscrupulous practices of some builders and developers.

Interest rate form 8 to 12%

Recent Order

Execution of orders

Once the National Consumer Disputes Redressal Commission (NCDRC) issues an order in a consumer dispute case, the next step is its execution. Execution of orders means ensuring that the directives given by the commission are followed by the opposite party. In other words, it is the process of enforcing the decision of the NCDRC against the defaulting party.

The execution process at the NCDRC begins after the order is passed. The opposite party is required to comply with the order within the stipulated time.

Here are some of the steps that can be taken for non-execution of NCDRC orders:

1. Attachment of property: The NCDRC can attach the property of the person or organization that has failed to comply with its order. This can include both movable and immovable property.
2. Arrest and detention: The NCDRC can issue a warrant for the arrest and detention of the person who has failed to comply with its order. This is typically used as a last resort and only when other coercive measures have failed.
3. Fines and penalties: The NCDRC can impose fines and penalties on the person or organization that has failed to comply with its order. These fines can be significant and are intended to serve as a deterrent to future non-compliance.
4. Contempt proceedings: The NCDRC can initiate contempt proceedings against the person or organization that has failed to comply with its order. This can result in imprisonment or other penalties.

It is important to note that non-compliance with an NCDRC order is a serious offense and can have significant legal and financial consequences. Therefore, it is essential to comply with the orders of the NCDRC in a timely and efficient manner to avoid any coercive measures.

The NCDRC gives some time and opportunity to reply if the builders do not comply then attachement or arrest orders can be passed as mentioned below…

Refund to my clients…

NBCC CASE WON

Here I fought for 101 buyers at NCDRC and got 6% compensation as interest as delay possession

RERA Builder complaint process

RERA (Real Estate Regulatory Authority) has been established to safeguard the interests of homebuyers and to ensure that builders follow rules and regulations related to real estate projects. If you have a complaint against a builder, you can follow the below process to file a complaint with RERA:

1. Prepare your complaint: The first step is to prepare your complaint with all the relevant details, including the name and address of the builder, details of the project, your booking details, and the nature of your complaint.
2. Submit your complaint: You can submit your complaint in writing to the RERA office in the state where the property is located. Alternatively, you can submit your complaint online on the RERA website.
3. Provide supporting documents: Along with your complaint, you will need to provide supporting documents such as your booking receipt, agreement, payment receipts, and other relevant documents.
4. Attend the hearing: Once your complaint is received, RERA will notify the builder and schedule a hearing. You will be asked to attend the hearing to present your case.
5. Decision: After hearing both parties, RERA will make a decision. If the decision is in your favor, the builder will be directed to rectify the issues and compensate you for any losses incurred.
6. Appeal: If you are not satisfied with the decision, you can file an appeal with the Appellate Tribunal within 60 days of the order.

It is important to note that RERA complaints must be filed within the specified time limits and should be supported by relevant documents. Therefore, it is advisable to seek legal advice before filing a complaint to ensure that all necessary details are included and the complaint is presented in the best possible manner.

UPRERA CASE WON…

MCLR +2 interest as well as principle amount refund order granted by UPRERA…

GURGAON RERA CASE WON

MCLR +2 interest as well as principle amount refund order granted by Gurgaon RERA…