500 Empowered Consumers. Thank you Everyone.

[su_highlight background=”#fb5539″]The journey of a thousand miles begins with a single step.[/su_highlight]

If there is one objective that we at Power to Consumer truly believe in, it is the one above. What started off as a personal initiative to help harrowed consumers seek justice, is now slowly becoming a national movement. What was initially just a knowledge sharing platform is now a powerful tool for consumers willing to fight for their rights.

We truly would like to thank each and every single subscriber of Power to Consumer. Thank you for showcasing your faith and supporting us. For us this is just the beginning. We won’t rest till we have become the most preferred online consumer complaint forum for consumers seeking support and justice.

We need your support in helping us achieve our goal. Do spread a word about us within your social circles, family, office place. Ask them to subscribe by using the form below, and help us build a strong community of empowered consumers. We are counting on your support.

Once again, Welcome to the community of empowered consumers!

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How to File a Complaint Against a Builder

Filing a complaint against a builderRecently, at Power to Consumer we have seen a rise in the number of complainants approaching us to file a case against a builder. Many of them have similar grievances such as delay in possession of their property, mute responses from the developer, unfinished projects due to litigation issues, absconding builders, poor quality construction so on and so forth.

We already covered the topic of compensation due to delay in handing over projects. We decided to write this post to make the general consumer aware of pitfalls in dealing with a builder, and how can they take the support of legal process to fight them back.

[su_highlight background=”#fc908b”]Builders are amenable under the Consumer Protection Act, 1986[/su_highlight]

As per a landmark decision passed in 1993 in the case of Lucknow Development Authority vs. M.K.Gupta, the Honourable Supreme Court of India passed a judgement stating that “all builders/contractor(s)/all concerned authorities of any State engaged in Housing Construction activity in any manner are amenable to Consumer Protection Act, 1986 for any act or omission relating to housing activity such as:

[su_quote]”Delay in delivery of possession, non-completion of construction within the stipulated time, defective and faulty construction and more…”[/su_quote]

Premium Legal SupportThe judgement states the fact that a builder who constructs a house or hires the services of a contractor to develop a property is engaged in the act of providing service to his customer, and for which he is getting monetarily compensated. This makes him a service provider and hence liable under the clauses of Consumer Protection Act, 1986.

[su_highlight background=”#fc908b”]A list of situations under which a property buyer can file a case:[/su_highlight]

The International Consumer Rights Protection Council  has listed down the following grounds in which a property buyer can drag an incompetent property developer to the Consumer Court:

  • Non-execution of relevant sale agreement despite having received a substantial advance amount
  • Non-issuance of copies of all relevant documents viz.; development agreement, power of attorney, sanctioned plan (by concerned Regional Authorities), specification of construction materials/design as per sanctioned plan and any other relevant documents
  • Charged higher than the agreed amount
  • No issuance of proper receipt(s) against the paid amount
  • Poor quality construction
  • Delivering of a house not complying to agreed specifications
  • No free parking space within the premises
  • Did not form a co-operative housing society and handed over to members
  • Non-provision of water storage tank
  • Non-provision of proper ventilation and light
  • Delayed possession beyond the stipulated time limit
  • Not obtaining completion certificate from the concerned registered (by the authorities) architect
  • Non-issuance of Occupancy Certificate at the time of delivery of respective flats/house to its occupants
  • Non-declaration of expenses against which the developer collected money
    And many more…

Any project falling short of above listed causes can be referred to Power to Consumer prior to taking delivery of the property from the concerned builders so that we can take up the matter as a pre-litigation issue.

[su_highlight background=”#fc908b”]How to file a complaint against a builder in the Consumer Court?[/su_highlight]

With builders coming under the clause of being a service provider, the process of filing a consumer court complaint against them is the same as with other service providers. To file a complaint, you need to adhere to the following steps:

  • Send a well drafted Legal Notice to the builder stating your reasons of discontent
  • Await for a response for the stipulated time from the other party
  • On no-response, prepare a petition stating facts and evidences with the help of expert legal advice
  • Approach the Consumer Court and file your petition against the builder

[su_button url=”http://www.powertoconsumer.in/” style=”glass” background=”#ee0f1c” size=”5″ icon=”icon: arrow-right”]Read more about the process[/su_button]

[su_highlight background=”#fc908b”]But one big exception applies to filing the case in the event of delay in possession.[/su_highlight]

[su_quote]There is no time limit to move the court against builders.[/su_quote]

Premium Legal SupportAs per a judgement passed by the National Commission in the case of Jayantabhai Ranka and Arunaben Kapadia vs Ravi Developers, the Commission pointed out that the cause of action on the builder continues till the allotment of the site or full refund of money on refusal to allot.

This means, no matter how much the delay, the builder is liable to properly honour his service agreement. The other important point that this particular case also highlighted is that ‘each property developer is liable to execute an  agreement for sale’. And failure to do so can be a cause of action against the builder in the Consumer Court.

If you have been cheated by a builder, or someone you know has been a victim of the misdeeds of a property developer, you can get in touch with our learned Consumer Rights Adviser for support. Power to Consumer is here to support consumers like you in resolving issues and disputes of any kind and nature. If you need any support regarding the complaint filing process or want to file a complaint against the builder, please get in touch with us immediately.

Zero Fir in Rail Theft Cases – Your Right!

Zero FIR in Rail Thefts

Recently, we carried an article which was aimed at creating awareness about theft during rail journey. The post covered the process of filing a FIR in case of a railway theft. According to Indian Railways website, passengers can now file a complaint in the running train itself without breaking their journey. Forms to lodge FIR/Complaint are now available with Coach Attendants, Conductors, Guards, RPF Train Escorts.

The issue of lodging an FIR lies mainly with the jurisdiction in which the theft had taken place. We have come across cases where the Railway Police is generally reluctant to file an FIR if the incident has happened outside their jurisdiction.Premium Legal Support

But, it is now pleasant to note that the issue of said jurisdiction has been resolved by a decision taken at a high-level meeting chaired by the Joint Commissioner of Police, New Delhi Mr. Mukesh Meena and attended by Inspector Generals of neighbouring states.

As per the aforesaid decision, passengers can lodge a ‘zero FIR’ in any railway station and seek swift action. The concerned police station where the FIR is lodged will fax a copy immediately to the police station under whose jurisdiction the incident has taken place.’

[su_highlight background=”#fc908b”]What is Zero FIR?[/su_highlight]

According to indiacivic.com, “FIR can now be filed at any police station – even if you are far off from the place of incident and you may/ may not be sure of the correct jurisdiction. There are provisions to do so and the same can be transferred to the appropriate police station limits when these are available. Such an FIR is called the Zero FIR!”

Power to Consumer believes that ‘Zero FIR in cases of Railway Travel’ is a great step in the direction of making train travel safe and hassle free for the millions of passengers who journey frequently. So the next time when you are travelling, and if you or someone around you is an unfortunate victim of rail theft, we hope that you will be able to use this piece of information to claim your right as a consumer.

Popular Posts of 2014 from Power to Consumer Blog

popular blog posts of 2014At Power to Consumer, we had an eventful 2014. Consumers across various states approached our award winning Consumer Rights Advocate with their consumer issues for timely and accurate legal guidance.

In service of such readers and general consumers, we present a summary of the most popular blog posts of 2014. We are sure that our blog updates will make more people aware of important topics, ones that affect their lives, directly or indirectly. If you need more such helpful information on consumer rights and awareness delivered to your inbox regularly, consider subscribing by using the form below.

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Expiry Date of CylinderDo you know your LPG Cylinder’s expiry date? Each LPG cylinder has an expiry date determining its safety in use. Know more… Gas Cylinder Insurance PolicyAre you aware of your LPG insurance policy? Every consumer is indemnified against loss of any kind due to a cylinder blast at his/her premises. Know more…
gas cylinderWhat needs to be done in a LPG blast incident?In the eventuality of a LPG cylinder blast, what do you need to do? Know more… Railway Theft and Legal CompensationVictim of theft in a train journey? Theft of personal belongings while travelling is liable for compensation by the railways. Know more…

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[su_highlight background=”#fc908b”]Here’s hoping a safe and happy 2015 to you and your loved ones. [/su_highlight]Remember, stay alert, stay empowered.

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