A consumer complaint against a builder is filed before the District, State or National Consumer Commission under the Consumer Protection Act 2019, while a dispute over a project registered under the Real Estate (Regulation and Development) Act 2016 can also go to the state Real Estate Regulatory Authority. Our consumer protection practice files these complaints; the commission decides deficiency in service and unfair trade practice and can order possession, refund, interest or rectification. The real estate regulatory process enforces the promoter's statutory obligations for a registered project. Which route is better depends on whether the project is registered, the relief you actually want, and which forum will enforce its order fastest.
Who this applies to
This page is for a buyer or joint buyer who paid a promoter for a flat, plot, villa or commercial unit and now faces any of the following:
- possession not handed over by the date written in the agreement to sell or the allotment letter;
- a layout, carpet area or specification different from the sanctioned plan or the promised brochure;
- construction defects, poor material, or incomplete common areas and amenities;
- demands for charges - club, parking, development or maintenance deposits - that the agreement never authorised.
It applies whether you paid from savings or through a home loan, and whether or not the project is registered under RERA.
Choosing between the commission and the real estate authority
Both forums can be approached, and Indian law treats the two remedies as complementary, so a pending proceeding before the authority does not by itself bar a consumer complaint. The practical differences decide the choice:
- Registration. The authority's main powers bite when the project is registered. If the project was never registered, the consumer commission is usually the cleaner route.
- Relief. For refund with interest, delay compensation or rectification, both can grant relief. The authority's process is often quicker to invoke for possession with statutory interest.
- Cost and forum. A consumer complaint is heard by the District Commission for lower-value claims and by the State Commission for higher ones. The pecuniary tiers have changed by notification, so state your claim value and let the commission assign the tier.
- Enforcement. The authority has its own recovery machinery for its orders; a consumer commission order is enforced like a court decree.
Because the remedies overlap, a buyer may file before the authority for a registered project and also seek compensation before the commission. Plead the main relief in one forum and disclose the other proceeding in your complaint so the builder cannot allege concealment.
Grounds the complaint can rest on
Frame each ground as a deficiency in service or an unfair trade practice, and tie every allegation to a document:
- Delay in possession - the promised date in the agreement against the actual date, with any extension notices the promoter sent.
- Deviation from the sanctioned plan - the sanctioned plan, the brochure, and photographs of what was built.
- Defective construction - a written inspection report, photographs, and the builder's own snag list.
- Extra charges not covered by the agreement - the demand letter and the clause of the agreement you say does not authorise it.
- Failure to provide completion or occupancy documents - the occupancy certificate and the timeline for handing over possession.
Documents to attach
- the agreement to sell, the builder-buyer agreement, or the allotment letter;
- all payment receipts, bank statements, and the home loan account statement;
- the sanctioned plan and any brochure or specification the promoter circulated (the original matters later for property registration);
- the RERA registration of the project, if it exists;
- all correspondence - emails, letters, WhatsApp messages and demand notices;
- a short affidavit with a chronology of dates;
- the fee prescribed for the value of the claim.
Reliefs you can ask for
The commission can direct possession with delay compensation, refund of the amount paid with interest, rectification of defects, and compensation for mental agony and litigation cost, depending on what you plead and prove.
- Possession with delay compensation - where the project is largely complete and you still want the unit.
- Refund with interest - where you have lost faith in the project or the delay is indefinite.
- Rectification - where defects can be cured and you want to retain the unit.
Plead one primary relief and, in the alternative, a second. Claim compensation separately and quantify it honestly rather than leaving it to be guessed.
Timelines and limitation
A consumer complaint must be filed within two years from the date the cause of action arises, under Section 69 of the Consumer Protection Act 2019. In a delay-possession case the cause of action is a continuing one, so the clock is read from the promised date and each following default; even so, do not sit on a stale claim. If you are late, attach a delay-condonation application explaining the reason on affidavit. For a registered project, the authority's own complaint also carries its limitation, so act while the default is live. Contact us before the period runs out.
Common questions
Can I file before both the authority and the commission?
Yes. The remedies are complementary, so a proceeding before the authority does not automatically bar a consumer complaint for a different relief. Plead your main relief in one forum and keep the other for what the first cannot give, and disclose the pending proceeding in your complaint so the opposite party cannot allege concealment.
Does an arbitration clause in the agreement stop me from filing?
An arbitration clause does not take away the consumer remedy, because the buyer is a consumer and the commission has statutory jurisdiction. The builder often raises the clause as a preliminary objection. Answer it by pointing to the consumer protection statute and to the reliefs that only the commission can grant.
What if the builder says the delay was due to force majeure?
Force majeure has to be pleaded and proved for the exact period of the delay, with evidence of the event and its government approvals. Blanket claims of market conditions or approval delays are usually not enough; ask for the specific sanction, order or letter that allegedly caused the delay.
Can I sue the landowner or the bank as well?
You may implead every person whose act caused the deficiency, including the promoter and the landowner-promoter. A home-loan bank is normally not an opposite party to the builder's default, so plead the builder's liability first and join others only where their conduct enabled the misrepresentation.
FileX Advocates & Legal Consultants, Kolkata, drafts and files these matters before the Calcutta High Court, City Civil and Sessions courts, magistrate, family, consumer and tribunal forums. Call +91 7439811422 or WhatsApp us for a free first consultation.