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

Detailed Legal Analysis

To file a consumer complaint against a builder in Thiruvananthapuram for charging extra for parking and clubhouse facilities, you can follow the steps outlined below under the Consumer Protection Act, 2019.

• Understand Your Rights: As a consumer, you have the right to receive services as per the terms agreed upon. Charging extra for amenities not disclosed at the time of sale is a violation of consumer rights under Section 2(1)(d) of the Consumer Protection Act, 2019.
• Gather Evidence: Collect all relevant documents, including:
  • Agreement of sale or purchase agreement.
  • Payment receipts showing your payments.
  • Advertisements or brochures that detail the amenities included in your purchase.
  • Any correspondence with the builder regarding the charges.
• Draft a Complaint: Write a formal complaint letter addressed to the builder outlining your grievances. Include:
  • Your name and contact details.
  • Details of the transaction, including the date of purchase and property address.
  • Specifics of the extra charges and how they deviate from your agreement.
  • Your demand for a refund or adjustment of the charges.
• Approach the Consumer Forum: If the builder does not respond satisfactorily, you can file a complaint with the District Consumer Disputes Redressal Forum. The steps to file include:
  • Visit the nearest Consumer Forum or their official website.
  • Fill out the complaint form available at the forum.
  • Attach copies of all supporting documents and evidence.
  • Pay the requisite fee (which varies based on the claim amount).
• Follow Up: After filing the complaint, keep track of your case by attending hearings and providing any further information requested by the forum.
• Legal Representation (if necessary): If the matter is complicated, consider hiring a lawyer who specializes in consumer law to assist you in navigating the legal process.

Relevant sections of the Consumer Protection Act, 2019 include:

• Section 2(1)(d) - Definition of 'Consumer'.
• Section 35 - Power of the Forum to pass orders.
• Section 47 - Appeals against the orders of the District Forum.

By following these steps, you can effectively file a consumer complaint against the builder for the extra charges incurred for parking and clubhouse facilities.