A builder in Kharagpur charged me extra for parking and clubhouse how to file consumer complaint

Detailed Legal Analysis

If a builder in Kharagpur has charged you extra for parking and clubhouse facilities, you can file a consumer complaint under the Consumer Protection Act, 2019.

Here are the steps you should follow to file a consumer complaint:

• Gather Evidence: Collect all relevant documents, including:
  • Sale agreement or builder-buyer agreement
  • Payment receipts for parking and clubhouse fees
  • Any written communication with the builder regarding the charges
  • Brochures or advertisements that mention amenities included in the base price
• Draft a Complaint: Write a formal complaint letter including:
  • Your name and contact details
  • Details of the builder, including their address
  • Specific details of the complaint, including the nature of the charges
  • References to any misleading claims made by the builder
  • Your desired resolution (refund, waiver of charges, etc.)
• Send a Legal Notice: Before filing a complaint, it is advisable to send a legal notice to the builder, stating your grievances and giving them a chance to resolve the issue. This is often a prerequisite before approaching the consumer forum.
• File a Complaint with Consumer Forum: If the builder does not respond satisfactorily, you can file a complaint with the appropriate consumer forum:
  • For claims up to ₹20 Lakhs, file in the District Consumer Disputes Redressal Forum.
  • For claims between ₹20 Lakhs and ₹1 Crore, file in the State Consumer Disputes Redressal Commission.
  • For claims above ₹1 Crore, file in the National Consumer Disputes Redressal Commission.
• Submit the Complaint: Ensure to include:
  • Filed complaint form (available online or at the forum)
  • Copy of evidence and the legal notice sent to the builder
  • Payment of the requisite fee for filing the complaint
• Attend Hearings: Be prepared to present your case during hearings. The consumer forum may also call the builder to present their side of the case.

Relevant provisions for consumer complaints are found in the Consumer Protection Act, 2019, particularly Sections 2(1)(d) and 12, which define consumer rights and the process of filing a complaint, respectively. It’s important to act promptly, as there are time limits for filing complaints.