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Property Possession Delay Complaint in Consumer Forum

Overview

If possession is not delivered on time, the buyer can file a complaint for ‘deficiency in service’ in the consumer court against the builder. MyAdvo will help you find an expert consumer court lawyer and will help manage the case lifecycle.

Before filing a Consumer complaint, sending a legal notice to the builder acts as a final warning. In case the dispute is still not resolved, you should then file a Consumer complaint. To send a legal notice, click here.

Steps involved in a Consumer complaint/case:

Document Verification
You will be required to send scanned copies of documents pertaining to the real estate property for verification by a lawyer.
Complaint Drafting
The complaint will be drafted and shared with you for review and approval within 7 days of receiving the documents.
Signed Draft
You are required to print the draft on legal size paper, sign and send it to us via courier/ post.
Filing of Complaint
The complaint will be filed before the consumer court within 3 working days of approval of the draft.
Admission Hearing
The lawyer will make preliminary arguments before the court and get the complaint admitted.
Reply
Builder will file a reply to your complaint.
Rejoinder
After perusing the reply, if required, the lawyer will draft a rejoinder.
Hearing and arguments
The consumer court will conduct hearings in the matter and examine the evidence presented before it. MyAdvo will keep you updated on the status of your case.
Judgment
The consumer court will deliver judgment in the matter.

Required Documents

  • Application for buying of property in the Project
  • Builder-Buyer Agreement
  • Receipts of payments made to the Builder
  • Letters/ email correspondences between the Buyer and the Builder
  • Brochure of the Project
  • Letter of Allotment
Download Sample Files

Why MyAdvo?

Pool of expert property lawyers who have experience in dealing with consumer cases
Step-by-step update through the case lifecycle
A-Z guarantee which covers cost of changing the lawyer in the rare case of any concern
Dedicated portal to manage your case documents and communicating directly with the lawyer
Payment is fixed in the beginning and you are not hassled by the lawyer

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Before investing in a property, it is highly recommended to get a due-diligence conducted of the property to minimize risks. MyAdvo can assist in conducting due diligence of the property through expert diligence professionals.

 

Types of Due Diligence

Depending upon the nature of the transaction and the property involved, due diligence can be either:

1.    Full Search (tenure of search is usually between past 30 years to 99 years)

  • Recommended for sale, resale, long term lease transactions and transactions that involve obtaining financial loans against the property.

2.    Limited Search (tenure of search is restricted to past 15 years)

  • Recommended for short term rental/lease transactions.

The diligence for both the methods involves a rigorous search of all components of a real estate property and carried out comprehensively. The only difference being the tenure for which the search is done.

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