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Real Estate Complaints : File Complaint against Builder

real estate complaints

There are many instances where builders have sold properties without the original or necessary documents or they have failed in honoring the commitments they made. You will find many people having Real Estate Complaints against builders or original owners. So it becomes necessary that while purchasing a property either from a builder or the current owner, you need to verify the documents such as encumbrance certificate and hence can save yourself from problems later.

It is advisable to carry out a complete check, before buying a property, since a hefty amount of money gets invested when you buy property. After thorough research, we have enlisted a list of documents to be verified before buying property. It is imperative that you go through these documents and verify these important documents before you invest your hard earned money and life savings in buying a property. This will keep you from superfluous problems a while later.

Transfer of Property Act 1882, Real Estate Regulation and Development Act 2016, & Registration Act 1908 are the Property Laws which governs the transfer of properties in India.

Documents required to be verified before purchasing a flat from builders:

1. Title deed
2. Construction Clearance
3. Approved Plan
4. NOC from Concerned Authorities
5. Land Use Certificate
6. Encumbrance Certificate
7. Occupancy Certificate

Documents to be verified before buying a Plot or Resale Flat:

1. Sale Deed
2. Mother Deed
3. Conversion certificate
4. Khata certificate
5. Power of Attorney
6. Tax Receipts

You can easily verify these documents by visiting online state portals of Madhya Pradesh, Uttar Pradesh, Bihar, Rajasthan, Punjab, Tamil Nadu, Karnataka, Maharashtra, & Gujarat.


Know your rights as a Consumer

After investing your hard earned money for purchasing a flat under construction, a plot, bungalow, or a duplex apartment, you might go through project delays, property frauds, defaults on agreement or more if you have bought a project from a wrong developer. But don’t worry law is there to protect you as Consumer.

You can send a legal notice to the builder or developer before filing a formal complaint. Thereafter if you do not get the remedy or the builder/developer does not respond to your legal notice then you can file a formal real estate complaints under Consumer Protection Act 1986 by depositing stipulated fees through demand draft.

If your claim is < Rs. 2 million – District Consumer Disputes Redressal Forum will hear the plea

If your claim is between Rs. 2 million & Rs. 10 million – State Consumer Dispute Redressal Commission will attend the plea

If your claim is > Rs. 10 million – National Consumer Disputes Redressal Commission will entertain the plea

You can submit your real estate complaints in regard to sub-standard construction work, fraud in booking, imposing hidden charges, cancellation of real estate project, delays in construction or possession etc.

Do you need help in filing Complaints?
If yes, then you should contact Voxya.com to file a consumer complaint against the builder/developer in India. Voxya can help you to file assisted Consumer Complaints against them and can help in getting resolution quickly.

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How to file a Complaint against false Advertisement?

The impact of commercials on customer’s decision is absolute. In our day to day lives, we are frequently besieged with deceptive commercials. For example HUL’s (Hindustan Unilever Limited) commercials are not only repulsive, but also clasp dusky people to a pyramid of airy hopes that utilizing these creams will make them fairer in a flash. For instance, HUL’s advertising strategy for Fair & Lovely has always been analogous to “kaale ko gora bana de”. Do you think utilising this cream will truly make you a fair?

At the outset, there was no comprehensive enactment to direct these deceptive commercials, they were regulated by the courts, government, tribunals, and the matters were settled case to case basis.

Finally, Advertising Standards Council of India (ASCI) was established to crack its whip and bring companies to book that spurn the rules. The duty of ASCI was to resolve complaints received from Consumers & Industries based on its code of advertising practice. So, you can now file complaint against false advertisement in India.

How to file a complaint against false advertisement?

You can register your complaint against false advertisement at ASCI in many ways :

1. You can address a letter to The Secretary General, the Advertising Standards Council of India (ASCI), 717/B, AURUS Chambers, S S Amrutwar Marg, Worli, Mumbai 400018.

2. You can send complaint against false advertisement to contact@ascionline.org.

3. You can register complaint online at www.ascionline.org or www.gama.gov.in.

4. You can contact ASCI on 1-800-22 –2724 (toll-free).

5. You can also write to WhatsApp number +91 77100 12345.

6. You can use mobile App ASConline to complaint against false advertisement.


Who can make a Complaint?

Complaints against false advertisement can be filed by general public including government officials, consumer groups, etc., Suo Moto complaints from the member of the ASCI Board, CCC , or the Secretariat and, Intra-industry i.e. complaints from one advertiser against another.

Complaint under Consumer Protection Act, 1986

An Act to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers’ disputes and for matters connected therewith. The consumer will be entitled to following reliefs:

1. Refund of money equivalent to the price.

2. Compensation for any loss or injury suffered.

3. The opposite party may be ordered to issue corrective advertisement to neutralise the effect of misleading advertisement.

4. The court can also award punitive damages and costs of litigation to the consumer.

ASCI consists of 21 members which includes 12 members are from civil society and nine from the industry, who can help in resolving your complaint against false advertisement. But do you need assistance in filing complaints? If yes, then you should contact Voxya.com for filing a consumer complaint against company in India. Voxya can help you to file assisted Consumer Complaints against misleading brands and can help in getting resolution quickly.

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Alternatives to resolve MakeMyTrip Consumer Complaints

In our last post we saw how anyone can file a consumer court case against any company. Though the procedure is not very complex but still it can be very lengthy sometimes. We receive a lot of complaint everyday against many companies but there is one company which receives complaints frequently and that is MakeMyTrip. So, we thought why not to explain how you can file consumer complaint against Makemytrip and try to resolve it without approaching consumer court directly. That means we are going to tell you alternatives to resolve MakeMyTrip consumer complaints without going to consumer court! Please read on to know complete details.

The first obvious alternative for you to resolve MakeMyTrip consumer complaints is to contact the company itself. You can file your MakeMyTrip complaint here https://support.makemytrip.com/MyAccount/MyIncidents/NewComplaint and hope that someone from MakeMyTrip will get back to you very soon. You need to have your MMT booking ID handy in order to submit your complaint. If they don’t give any attention to it then you can try the next alternative.

The next alternative is to approach MakeMyTrip at their social media accounts – Facebook, Twitter and Google+. You should post your complaint and about your experience publicly at their social accounts to attract their attention. For your convenience we are providing direct links to their social media profiles:

https://www.facebook.com/makemytrip
Twitter.com handle @makemytrip
https://plus.google.com/+makemytrip

But if you still don’t get any response from them then you should try the next option which is Voxya. As you know, Voxya is a unique platform for resolving consumer complaints against brands quickly. We use social and business network to resolve your consumer complaints. We help consumers in fighting against injustice, fraud and lousy customer service.

You can file a consumer complaint very easily at https://voxya.com/file-consumer-complaint . Once your complaint is filed, we will start social media campaign and try to contact company officials via email. Most of the time this simply works because no company wants to portray a bad picture about their support. Also based on your choice, we will draft & send a professional legal notice to the company via registered post. Moreover, if you want then Voxya can also prepare your case documents and can help you to approach Consumer Court. So, what are you waiting for? These were few simple alternatives for you to resolve MakeMyTrip consumer complaints.

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How to file a Consumer Complaint in Consumer Court?

Consumer Protection Act 1986 empowers consumers to file their consumer complaints by visiting the Consumer Court at the district, state or national level along with the documents required for filing the complaint. As the Act has provided a very simple procedure for filing the complaint so anyone can do this. Thus, you do not need any lawyer to file a consumer complaint in the consumer court. Lets see how you can file a complaint in consumer court in India in this step-by-step guide.

Eligibility of filing Consumer Complaint

You should be Consumer
First of all you should check whether you are eligible to file a consumer complaint in Consumer Court or not? The Consumer Protection Act says that only consumers are eligible to file consumer complaints. In layman’s language, anybody who buys a product or avails a service for a consideration (partial / full payment or a promise), either for his personal use or to earn his livelihood by means of self employment, is a consumer in the eyes of law and so he is eligible to file a complaint. It is not necessary that the consumer himself has to file the complaint. Even his wife, husband, relative or his legal representative can also file complaint on his behalf.

Be within Time Limit
Secondly, it is important that a consumer complaint should be filed within two years from the date on which cause of action arises.

Attach Supporting Documents
Thirdly, you should have convincing evidences, proofs, bill and invoice etc. in order to support your complaint. Without compelling evidences to prove injustice or inconvenience or loss on your part, your case is most likely to be rejected by the court.

Jurisdiction of Court
Finally, you need to ensure that your case falls within the jurisdiction of the particular District / State commission where you are planning to file the consumer complaint. Usually, you should file consumer complaint in the district where the goods or services were sold, or where the office of opposite party or his residence is located. Apart from this, you also need to ensure the correct jurisdiction based on your claim in the case :

a) If the amount of claim is less than Rs. 20 Lacs, then the District Consumer Disputes Redressal Forum has got the jurisdiction to hear the complaint.

b) If the amount of claim is more than Rs. 20 Lacs but less than Rs. 1 Crore, then the State Consumer Dispute Redressal Commission will entertain the complaint.

c) If the amount of claim is more than Rs 1 Crore, then the National Consumer Disputes Redressal Commission will hear the complaint. However, a dis-satisfied consumer can directly approach National Commission or can appeal against decisions of the state commission.

Once you are satisfied that you fulfill all these above conditions then filing complaint is a straight forward three step process :

Step 1 : Draft Consumer Complaint

First of all you should collect name & addresses of all the opposite parties. You can easily get this information from the invoice or bill which you might have received from them. Your complaint should explain the problem which you have faced and clearly state the relief which you are seeking. It should also mention the compensation, damages, cost, refund or interest amount. However, if you are too lazy to draft your complaint yourself then you should file your complaint at voxya.com and we will draft a professional complaint on your behalf.

Step 2 : Send Legal Notice

After you have drafted your complaint, it is now time to send a legal notice to the opposite party. Sending a legal notice to opposite party is mandatory before filing a formal consumer case. This is done in order to provide an opportunity to the opposite party to settle the case and to send a signal that the consumer is seriously planning to file a consumer case against the opposite party. You should normally send this legal notice to opposite party via registered post and wait for altleast 30 days for any response from the opposite party. If the opposite party refuses to resolve the complaint or simply neglects the notice, then you can approach the consumer court. Please note that if you have filed your consumer complaint at voxya then we will send legal notice on your behalf and you need not to do anything.

Step 3 : Approach Consumer Court

Filing a formal Consumer Complaint in Consumer Court does not require any special preparations. As previously stated, you do not require any lawyer for filing the case, so you can do this yourself. Just mention all the details of the case on a plain paper, attach annexures and submit it in four copies, plus additional copies for each opposite party. Looking too complex? Don’t worry, Voxya.com can prepare consumer case documents for you.

Please note that if you are filing an appeal in Consumer court then you need to provide Certified copy of the district forum order and have to deposit Rs.25,000 or 50% of the award or compensation amount, whichever is less.

Required Court Fees

You need to deposit the required court fees for entertaining your consumer case in different courts. The amount of court fees is determined on the basis of the total value of goods or services and the compensation claimed.

For District forums
Up to Rs.100,000 : Fees is Rs.100
Between Rs.100,000 – Rs.500,000 : Fees is Rs.200
Between Rs.500,000 -Rs.10,00,000 : Fees is Rs.400
Above Rs.10,00,000 and up to Rs.20,00,000 : Fees is Rs.500

For State forums
Above Rs.20,00,000 – Rs.50,00,000 : Fees is Rs.2,000
Above Rs.50,00,000 – Rs.100,00,000 : Fees is Rs.4,000

For National Commission
The fees is Rs.5,000

Once you are ready with your formal written complaint and have arranged the necessary fees then you just need to sign the documents and submit them in the consumer court personally. It usually takes only 2-3 hours in filing a complaint in the court.

Thats it! Hope you like the guide and will keep sending your valuable comments.