For those of you who are looking for ways to file consumer complaints against those who are negligent in their services or goods. The West Bengal government has recently launched an online complaint portal that will help them to tackle such complaints effectively.
A consumer is a person who buys goods or services for self-consumption and not for resale or trade purposes.
The complaint should be filed within 2 years from the date of cause of action.
Appeals are require to be filed within 30 days from the date of receipt of the court’s order.
Consumer complaint can be filed in any of the following courts:
The choice of court will depend on the amount of transaction and relief you seek and the location where the cause of action arises.
The case is filed in the city / state where the Opposite Party resides, has registered office, branch, or works for gain.
The case can also be filed in the city / state where the cause of action has occurred.
You can now file complaints online here: https://wbconsumers.gov.in/ProtectedPages/con_login.aspx
Here is more information about how to register on the site before you can file complaints. https://wbconsumers.gov.in/document/How_to_lodge_complain.pdf
Key numbers are available here: https://wbconsumers.gov.in/HtmlPages/dept_mapwise_contact.asp
Products and services by builder are covered under RERA and also under the Consumer Protection Act.
You have the option to file complaint against builder under RERA or consumer court.
RERA is the new Real Estate Regulation and Development Act 2016.
You can file a complaint in case the builder/promoter has given you deficient services regarding the following:
1) Charged higher than agreed amount.
2) Did not give a receipt against the paid amount.
3) Delivered a poor quality construction.
4) Delivered a house that does not comply with the specifications agreed upon.
5) Did not provide for free parking space within the compound / complex.
6) Did not form co-operative housing society and handed it over to its members.
7) Did not provide for water storage tank.
8) Did not provide for enough ventilation and light.
9) Did not deliver the house within the agreed time limit. If time limit not mentioned, it is assumed that the construction will be finished within maximum of 2 years from the date of start of work.
7) Did not give accounts for the expenses against which the builder has collected money, i.e. maintenance, electrical installations (transformer), etc.
8) And many more……….
If you have grievance against builder, first send a notice to him in writing. Do not worry if he refuses to accept your notice as only proof of sending is required. Send the notice by registered post or Under Postal certificate. Retain the proof of sending. The proof of sending is valid in the Consumer Court Under Section 28A (3) of the Consumer Protection (Amendment) Act of 2002 and will be considered as the notice has been duly served.
File your complaint in the consumer court in case the builder does not respond to your notice.
Complaints can be also be filed under Section 31 of the Real Estate (Regulation and Development) Act, 2016, either with the Real Estate Regulatory Authority or the adjudicating officer. Such complaints may be against promoters, allottee and/or real estate agents. The West Bengal government has also adopted RERA. To read the RERA rules check here: http://www.wbhousing.gov.in/files/Draft%20West%20Bengal%20Real%20Estate%20Regulation%20Development%20Rules%202016…pdf
Any person who has an interest in the project, can file an application with the RERA authority. The application can also be filed online, as per the format available. The complainant must provide:
To initiate proceedings before the adjudicating officer for compensation under RERA, the complainant needs to file a similar application. This application must also be made in the prescribed format and must contain particulars similar to those required in the application to the RERA authority.