There are few legal recourses for an aggrieved buyer: • Send a Legal Notice - The initial step for a buyer/consumer is to send a legal notice to the defaulter with the cause of action and compensation claimed. If the builder fails to respond to that notice in a stipulated time then the builder can go to the Court. • File a Consumer Complaint – Under the Consumer Protection Act, 1986, a person can file a written complaint stating faulty or deficiency in services before the court with the supporting documents and evidence. Buyer can approach the consumer forum, depending on the value of the property, as there are District, State and National Consumer Dispute Redressal Commission. • File a Civil Suit – A buyer/consumer can even file a civil complaint in an appropriate court as per the value of a property. As under the Contract Act, 1872, the suit can be filed for the claiming of damages and even compels the builder to complete the handing of the possession. • Register an FIR – When a builder causes malicious and fraudulent practices, an FIR can be initiated against him. And if there is sufficient evidence to prove, that the builder was involved in any kind of fraudulent activities, criminal action can be taken. • Complaint to RERA – This is a new Act, initiated by the government to bring in the transparency in the Real Estate business. An aggrieved buyer can file his/her complaint in the RERA Court in the prescribed manner as per the respective state. But once a complaint is launched at RERA, a buyer cannot initiate any proceedings in the Civil Courts.
Popular Lawyers in India