What is the right stage to go to consumer forum for under construction project issues?
Consumer forums are the preferred choice for buyers for redressal of issues related to under-construction projects. Due to increased awareness promoted by few individuals and associations, buyers are bestowing their faith in the system. It is however critical to ensure that the timing of consumer case appeal is well aligned to every individual’s interests.
Based on our reading of similar consumer cases (terminated and ongoing), we would advise especially the end users to be very cautious with the decision otherwise the output may not be all that convincing. Investors on the other hand, do not generally qualify for consumer cases unless they can prove a potential case of end use in future.
Here is our suggestion. Please note that notwithstanding the suggestion, consumer case has to be ideally filed within 2 years period from cause of action date. Do feel free to reach us if you disagree or need advice:
| Reason for approaching forum | End users | Investors |
|---|---|---|
| For booking related issues | After booking (Tip: Keep all communications with builder regarding booking promises in written. Try to find other buyers with similar plea. Read: http://go4reviews.in/2014/12/how-to-deal-with-the-brokerbuilder-for-and-after-buying-a-flat/ ) | After booking |
| For delay in possession | Before possession if possession is genuinely > 1year away; After possession otherwise (Tip: Keep written communication records i.e. email and registered post and frequently check for status. Try to group with co-buyers) | Before possession (Tip: You need to prove you are a prospective end user) |
| For un-disclosed charges at time of possession | After possession (Tip: Do not take possession without rigorous follow ups with the builder in written. Make it amply clear that you are taking possession only due to compelling personal circumstances and that you are not in agreement with charges demanded and would like to wrest the right of contesting of the same in future.) | Before possession (Tip: same as above) |
| For quality issues at time of possession | After possession (Tip: same as above) | Before possession (Tip: same as above) |
| For lack of amenities at time of possession | After possession (Tip: same as above) | Before possession (Tip: same as above) |
| For poor maintenance services | After possession | Ineligible (Read: http://go4reviews.in/2015/05/when-not-to-go-for-consumer-case/) |
| For service related harassment | At the time of cause | At the time of cause |
Related reads:
https://go4reviews.in/2015/06/success-rate-of-consumer-cases-against-builders/
https://go4reviews.in/2015/05/when-not-to-go-for-consumer-case/
https://go4reviews.in/2014/12/how-to-deal-with-the-brokerbuilder-for-and-after-buying-a-flat/
https://go4reviews.in/2015/06/how-to-file-consumer-case-against-builder-on-your-own/
Comments/Feedback invited.
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Last Updated on July 4, 2016 by Go4Reviews
Good information. for an end user, home is everything.