What is the normal procedure for filling a case in consumer court?
Question asked by Mr. Surya Mishra from Bangalore:
Hello, I am thinking of buying a property in Bangalore, but horror stories from people have scared me so long. I need some advice regarding various scenarios faced by my friends and how to resolve them.
1. The builder arbitrarily scraps the project and refuses/delays to pay back the amount. The usual answer is going to consumer court. But please be more specific. How to go about consumer court? What is the normal procedure? How much time and money do I have to spend over there? What kind of paper work is required?
2. The builder changes the layout plan. The swimming pool is smaller, no tennis court, no fountain, children playing area is smaller.
3. Builder completes the project but is not completing other facilities (swimming pool, land scaping, club house)
4. At the time of possession, builder is charging exorbitant amount for maintenance.
Thanks
-Surya Mishra
Bangalore
1. The builder arbitrarily scraps the project and refuses/delays to pay back the amount. The usual answer is going to consumer court. But please be more specific. How to go about consumer court? What is the normal procedure? How much time and money do I have to spend over there? What kind of paper work is required?
2. The builder changes the layout plan. The swimming pool is smaller, no tennis court, no fountain, children playing area is smaller.
3. Builder completes the project but is not completing other facilities (swimming pool, land scaping, club house)
4. At the time of possession, builder is charging exorbitant amount for maintenance.
Thanks
-Surya Mishra
Bangalore
Vatsala Answers:
1. The consumer forum is relatively quick. You can appoint an advocate or appear in person. Your complaint along with affidavits should be filed. There is no court fee. Your matter could be disposed within 8 months to a year. But you should keep appearing in court every time the matter comes up.
2. The specifications of the common amenities and facilities and time for its completion can be shown in the construction agreement itself. However this is not presently done. You can insist on the same and if the builder does not oblige, you could try to find another builder who will enter into such a contract.
3. The maintenance charges are also subject matter of contract and are usually mentioned clearly in the agreement. It is collected for 1 year after which the association is formed and it takes over the maintenance.
Vatsala
2. The specifications of the common amenities and facilities and time for its completion can be shown in the construction agreement itself. However this is not presently done. You can insist on the same and if the builder does not oblige, you could try to find another builder who will enter into such a contract.
3. The maintenance charges are also subject matter of contract and are usually mentioned clearly in the agreement. It is collected for 1 year after which the association is formed and it takes over the maintenance.
Vatsala
rr
Popularity: 9% [?]
Tell A Friend
October 21st, 2009 at 1:51 AM
Hi there I like your post – good stuff