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

Detailed Legal Analysis

If a builder in Shillong has charged you extra for parking and clubhouse services, you can file a consumer complaint for unfair trade practices under the Consumer Protection Act, 2019.

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

• Gather Evidence: Collect all relevant documents, including:
  • Sale agreement or contract with the builder.
  • Payment receipts for the extra charges.
  • Brochures or advertisements that mention parking and clubhouse fees.
  • Any correspondence (emails, messages) with the builder regarding these charges.
• File a Complaint with the Builder: Before approaching the consumer forum, send a formal complaint to the builder. Include:
  • A description of the issue.
  • Reference of the documents attached.
  • A request for a refund of the extra charges.
• Wait for a Response: Allow the builder a specific time (usually 15-30 days) to respond to your complaint.
• Choose the Appropriate Consumer Forum: If the builder does not resolve the issue, you can escalate the matter to the consumer forum. Depending on the claim amount, you can approach:
  • District Consumer Disputes Redressal Forum (for claims up to ₹20 lakhs).
  • State Consumer Disputes Redressal Commission (for claims between ₹20 lakhs and ₹1 crore).
  • National Consumer Disputes Redressal Commission (for claims above ₹1 crore).
• Drafting the Complaint: Your complaint should include:
  • Your name and contact details.
  • The builder's name and address.
  • Details of the complaint, including the nature of the unfair charges.
  • The relief sought (refund, compensation, etc.).
  • Copies of supporting documents.
• Filing the Complaint: Submit your complaint to the appropriate forum along with the required fee (which varies based on the forum and claim amount).
• Attend Hearings: Be prepared to present your case during hearings. Bring all necessary documents and evidence.

Relevant laws include the Consumer Protection Act, 2019, particularly Sections 2(47) (definition of consumer), 14 (rights of consumers), and 21 (jurisdiction of consumer forums). Ensure you keep copies of all documents submitted for your records.