Sharma (Manager) 09 November 2012

Can i file a case in consumer court now!

Dear Sir,

I registered a flat in the year 2008 June;

i occupied the flat (September 2008)

All the apartment owners are having issues with the sewerage, water connection, quality of construction and title of the property........... which were individually communicated to the builders and no written action was taken from the builder.

My question is can we go to the consumer court now after almost 4 years.... if not what could be the alternatives to safeguard our title / rights as consumers.

Thank s all in advance for your advice..

Sharma

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6 Replies

Varun Desai (Advocate) 09 November 2012

Hello,

Yes still you can approach Consumer court for deficiency of service and you will get quick remedy...

Alkesh Agrawal (Advocate) 09 November 2012

Dear Mr. Sharma,

I agree with Mr. Vikas, as the deficiency in service still continues, you have a right to file a consumer complaint even now.

Also, where the construction quality is poor the builder can be brought before the consumer forum as the same would result in deficiency of service as held by the National Consumer Redressal Forum in Dear india Builders & Realtor Pvt. ltd. v. S. J. Shajmohan.

For any other details pl. contact me on 9765800835, alkesh@arpfirm.com

Chetan Joshi (Advisory/Advocacy) 09 November 2012

Yes send a legal notice first....Then drag to consumer court....

Regards

Chetan(dot)7679(at)gmail(dot)com

Sharma (Manager) 10 November 2012

Thanks a lot!

Can i raise these issues in the Consumer court apart from the Quality of Construction:

1. The Sanction Plan submitted to us was bogus

2. As the Sanction Plan is not genuine the authorities have not issued OC (Occupation Certificate) & CC (Completion Certificate)

3. Since the Sanction Plan is bogus and we do not have OC & CC we are not able to transfer the khatha in our name.....

4. We have not been allotted Car Parking though in the sale deed he has collected a separate amount for this... now he claim to issue on a letter head the allotment of car parking which i doubt is not proper legally...

Request you to clarify me the above points before i send a notice to be him as advised by Mr. Chetan and file a case at the Consumer Court.

Thanks a lot for your clarifications.... :)

Sharma

Chetan Joshi (Advisory/Advocacy) 10 November 2012

Bogus plan!!!...This will make a criminal case as well....As far as the consumer complaint is concerned, there are entities working for consumer protection. Do a bit of onilne findings, you will get one.....

I would like to recieve updates updates about the case...

Regards

Chetam(dot)7679(at)gmail(dot)com