There might be a general slump in real estate business in the country but the consumer case law industry is on a boom especially due to the cases related to builder atrocities. There are around 950 builder-buyer consumer cases that are under-trial in Delhi NCR region alone (Source: http://cms.nic.in/) . Out of these, around 100 cases are being fought as a group which is fast becoming the preferred choice of buyers. But while going as a group, you might end up delaying the case. In some instances, the cases have been running for as long as 3 years. We can guarantee that the following things if kept in mind can ensure the soonest possible resolution to your case when going as a group:
- All buyers in the group shall be consumers: All buyers in the group shall be consumers. They shall be able to prove that they are end users or prospective end users of the property. For this, they should either be staying in that property or should be able to prove that they have plans to move. If the buyer has multiple properties and he is staying in property of his own other than the one in question, he/she will not qualify for consumer case. As a result, the prayer of entire group shall be subdued and delay gets inevitable.
- Find group of buyers facing same set of issues: This is a very important aspect which is overlooked by the buyers. The prayers of all buyers in the group shall be the same. For example: i) they should all be seeking refund for under-construction property ii) For delayed property, they should all be seeking ‘penalty for delay’ or ‘compensation for deficiency in quality and/or services’ or ‘compensation for harassment’ etc.
- Keep written evidences for all communications with builder seeking construction status, possession delay penalty, quality issues or any other conflicts. Communications could be in form of email or registered post.
- Select a decent lawyer with least possible number of ongoing cases: While lawyers with good rapport with NCDRC are advisable, there are lawyers who have taken benefit of the situation and have 50 odd cases to their name. In such a situation, the lawyers tend to adjust dates of next hearing which further drags the case down.
A lawyer who gives you advice of getting as many buyers on board as possible is simply minting money. A decent strength of buyers with common cause that help you reach the magic figure of 1 crore for being eligible for NCDRC admission is enough.
Plan better to fare better. Hope it helps!!!
Go4Reviews team – “Do what is worth writing. Write what is worth reading.”Last updated: July 16, 2016 at 13:30 pm