Booked flat at titwala - work still not commenced

File a complaint before jurisdictional Consumer Disputes Redressal Commission for deficiency of service through a local prudent lawyer.

You can file a complaint before jurisdictional RERA as the RERA has the powers to take actions against builders. You can even claim a refund or penalty for delay in granting the possession.

Hi Zakir Khan, I'm Adv Niharika and here is my take on your query.

I see three remedies available for you.

1- Filing a complaint at RERA

2- Filing a complaint at Consumer Redressal Commission

3- Filing a complaint at Permanent Lok Adalat

Here is How to lodge a builder complaint in RERA?

Follow these few steps to register your RERA complaint successfully. 

1. First, visit the state’s official RERA website. Now search for the complaint registration page of the site.
2. Click on the page or the link of complaint registration, wherein you will be redirected to a RERA complaint form. Here you must fill in all the required details about your complaint.
3. Please note that you will have to furnish some personal information like name, address, contact number, etc. and supporting documents. This is to verify the authenticity of the complainant.
4. Once the form has been duly filled, you can file a complaint by paying Rs 1000. If you complain to an Adjudicating officer, you need to pay Rs 5000. You can complete this transaction online efficiently.

Secondly, you can register a complaint in the District Consumer Redressal Forum, for the failing services of Municipal Corporation. At this Court, you can present your case yourself without engaging an Advocate.

Here is How to file a complaint in Consumer Redressal Forum:
STEP 1: Intimation via Notice:

A notice to be sent by the aggrieved party to the service provider who provided the goods or the services. The notice is also an attempt to settle the complaint without approaching the Forum i.e. if the service provider is willing to offer compensation or any other remedy.

STEP 2: Get the Consumer Complaint Drafted:

If the service provider is not willing to offer compensation or any other remedy, the next step is to file a formal complaint under the Consumer Protection Act, 1986. The filing of the Complaint does not necessarily require a lawyer. The complaint can be filed directly by the aggrieved person. The following details must be specified in the complaint.

STEP 3: Attach Relevant Documents:

Copies of material evidence and relevant documents that support your case in Consumer Forum like:

-A copy of the bill, receipt of delivery, packaging of a product, a record of online booking of the goods bought

-Warranty/Guarantee certificates

-A copy of the written complaint and notice sent to the manufacturer/seller

Thirdly another alternative remedy can be filing an application before the Permanent Lok Adaalat of your city/district. Municipal Corporations are Public Utility Services. Under S. 22(c) of the Legal Services Authority Act, 1987, PLA have jurisdiction to try cases concerning Public Utility Services. Furthermore, I’d like to state that applications before PLA are at the pre litigation stage and hiring an advocate is also not required to file an application before the said forum. You can directly bring the law in motion without any involvement of an advocate or pleader.  

I hope this information helps. For further query, you can reach me at niharikalohan@yahoo.com