Knowledge Base – A LawSikho Initiative

This article has been written to teach how to draft a consumer complaint in case of a delay in delivery of possession of an apartment/flat/unit. You will find a step-to-step guide on how to prepare, draft, and file this complaint, along with a detailed guide on the hearing process followed by consumer courts in such cases. 

Introduction

It was a typical Tuesday morning and I was working on an urgent draft, when the call came. Mr. Sharma, an old client of mine, was on the other side of the line— his voice trembling. “They’ve taken my life savings, and now they’re telling me the apartment doesn’t exist”, he said. 

I had heard this story before, numerous times, but the pang of heartbreak still set in. He was sobbing through his story, and I realized that I wasn’t just hearing another real estate nightmare – I was witnessing a systematic betrayal affecting thousands of homebuyers across India.

This isn’t a hypothetical scenario. 

Statistically, around 68% of real estate projects face delays, and over 4.5 lakh homebuyers are trapped in unfinished real estate projects across India. 

Every single day, some or the other family’s dream crumbles into legal paperwork and broken promises, their hard earned money lost to siphoning and outright cheating. 

As grim as it sounds, for legal practitioners however, this isn’t just a social cause – it’s a high demand market with multiple revenue streams. 

Take for example, Mr. Sharma’s situation— he has the option to approach RERA/Consumer Court/NCLT given he fulfils some prerequisites. As a real estate lawyer, you have the opportunity to establish practice in all these courts/tribunals. 

You would be surprised to know that consumer action against fraudulent builders forms a major chunk of the cases in Consumer Commissions today, and for the purpose of this article, we will focus on that aspect alone. 

The economics are compelling: You are looking at potential earnings of ₹2-5 lakhs per case. With over 60,000 registered cases and a backlog of unresolved disputes, this represents a virtually untapped market with extraordinary financial potential.

So, are you eager to learn how to actually draft these cases before Consumer Commissions? Give me 20-30 minutes of your time, and I will teach you how. 

In this article, I will specifically deal with how to get a refund for delay in delivery of possession by filing a consumer complaint. 

Why Consumer Commissions and not RERA?

But before we get to the actual drafting, let us learn some basics. 

At this point, you should be thinking, if it is a real estate dispute, why are we going to a Consumer Commission, and not RERA? After all, RERA is a specialized law dealing with real estate disputes specifically. 

Well, there is no hard and fast rule that a homebuyer can only opt for RERA and not Consumer Commissions. The Supreme Court of India in M/S Imperia Structures Ltd vs. Anil Patni & Anr. (Civil Appeal No. 3581-3590 of 2020) held that redressal mechanisms in RERA do not act as a bar to complaints under Consumer Protection Act. 

These are parallel jurisdictions, so you can opt for either. 

And there are reasons why people would prefer Consumer Commissions over RERA, like: 

• Consumer Commissions have a wider jurisdiction as compared to RERA, and an aggrieved person can also bring complaints of unfair trade practices before it— which are very likely to happen in case of builder buyer disputes
• It is easier to get precedents in your favour in Consumer Commissions, which lawyers would want to have in their favour while arguing a case. RERA is a relatively new setup
• These commissions also have the power to arrest and impose fines for non-compliance, giving them some much required teeth that RERA lacks. 

But ultimately, the choice would be made considering factors such as:

• which authority/commission decides cases faster in a given region;
• what’s the ratio of adverse: favourable judgment from the authority/commission 
• what is most cost effective for the aggrieved party.

What makes you a consumer? 

Can every aggrieved party file a complaint? The answer is no. 

The first box that you need to check off when you want to file a consumer complaint is that you must be a consumer. 

But isn’t everyone a consumer? According to Section 2(7) of the Consumer Protection Act, 2019, a “consumer” is defined as under: – 

A person who buys any goods or services for a consideration, which has been paid or promised or partly paid and partly promised, or under any system of deferred payment also includes the user with approval of such goods or beneficiary of services.

So, for you to be a consumer, you have to:

• Buy a good or service
• There should be a consideration involved for this good or service
• The consideration should be paid or promised or partly paid and partly promised 
• Or it could be in a deferred payment system 

The definition also includes any user of such goods or services who uses the same with approval. 

You would like to know that as per the Consumer Protection Act 2019, the expression “buys any goods” and ‘hires or avails any services” also includes offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing.

 Consequentially, in the Real Estate scenario, you’re a consumer if: –

• You’ve purchased a property through a commercial transaction 
• You’ve paid/are to pay/have partly paid consideration for the service 
• The purchase is not for commercial resale

The last point is the most crucial— the purchase made by your client has to be for personal use and cannot be for commercial purposes. In most consumer cases involving real estate, the first line of defense taken by the builder is always that the purchase is of commercial nature, and hence the complainant is not a consumer. They try to showcase it by bringing up other real estate purchases made by the complainant. 

The Hon’ble Supreme Court, recently in M/s Daimler Chrysler India Pvt. Ltd. vs. M/s Controls & Switchgear Company Ltd. & Anr. 2024 INSC 496 held as under:

““commercial purpose” is understood to include manufacturing/industrial activity or business-to-business transactions between commercial entities. The purchase of the goods should have a close and direct nexus with a profit generating activity…..”

Thus, unless there is a direct profit generating activity involved with the purchase, the same cannot be ruled as a commercial purchase. Keep this information bookmarked to use while arguing against builders. 

In a plethora of judgments of the National Consumer Disputes Redressal Commission, including that of the Supreme Court in Omkar Realtors and Developers Pvt. Ltd vs Kushalraj Land Developers Pvt. Ltd. 2024 INSC 629 it has been held that the burden of proving that a purchase was for commercial purpose lies on the builder. 

You can read further cases like Rajeev Kumar Singh vs. Jai Prakash Associates & Anr. decided by the NCDRC to learn more on the issue of commercial purpose.  

Who can file a complaint?

As per Section 2(5) of the Consumer Protection Act, a complaint can be filed by:

(i) a consumer; or 

(ii) any voluntary consumer association registered under any law for the time being in force; or 

(iii) the Central Government or any State Government; or 

(iv) the Central Authority; or 

(v) one or more consumers, where there are numerous consumers having the same interest; or 

(vi) in case of death of a consumer, his legal heir or legal representative; or 

(vii) in case of a consumer being a minor, his parent or legal guardian

Each one of these entries is termed as “Complainant(s)”. 

Legal framework for filing complaints against builders

You can file a complaint before the Consumer Commission as per Section 2(6) of the Consumer Protection Act. It lays down the conditions under which a complaint can be filed. One of the conditions laid down is deficiency of service. 

Let us understand what that means. Section 2(11) defines Deficiency as under:

“any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service and includes— 

(i) any act of negligence or omission or commission by such person which causes loss or injury to the consumer; and 

(ii) deliberate withholding of relevant information by such person to the consumer

So, if a date is stipulated for the delivery of possession, and the said date is not adhered to, it leads to deficiency in services, as per this definition.

Other than deficiency, another common ground on which complaints are filed against builders is unfair contracts, as per section 2(6) of the Act. Take for example, one sided contracts by way of which builders levy heavy penalties in case of any payment delay on part of the consumer, sometimes as high as 18%. Whereas, if there is a delay on the builder’s part, there would be a negligible interest rate for delay or none. 

These kinds of contracts fall within the scope of “unfair contracts” as laid down in Section 2(6) of the Consumer Protection Act. 

Your client could also be subjected to “unfair trade practices” such as having false warranties or guarantees regarding construction quality etc. which is also covered under Section 2(6). 

So, while you are filing a complaint under the Consumer Protection Act, you could complain about more than one issue, and the concerned commission will have jurisdiction to hear that. 

There are more issues like overpricing, etc. which can be complained of, but we are not dealing with them in this article. You can read Section 2(6) for an in depth understanding. 

Now comes the most important question — how do you choose which consumer commission will have jurisdiction in your case?

How to decide which Consumer Commission has jurisdiction in your case

Consumer Commissions in India offer a structured, three-tier system designed to protect buyers from unscrupulous builders. 

1. District-Level Commissions: These are your first line of defense, handling cases up to ₹50 lakhs. Perfect for individual homebuyers fighting local builders, these commissions provide an accessible entry point for seeking justice.
2. State-Level Commissions: When the stakes are higher, state-level commissions manage cases between more than ₹50 lakh to ₹2 Crore.
3. National Consumer Commission: The ultimate legal recourse for cases exceeding ₹2 crores, this level represents the highest point of judicial intervention in real estate disputes.

How to prepare to file a Consumer Complaint?

Pre-complaint requisites

Before you file a complaint, there are certain preparations that you need to undertake. You can use this as a checklist while filing a complaint. 

Documentation

Before approaching the court:

1. Collect every single document related to your property including:

• Brochures/Leaflets 

• Any application made by you for allotment of the unit/plot/flat/apartment 
• Any communication regarding approval of such request 
• Any Builder Buyer Agreement/Provisional Allotment Letter/Standard Terms & Conditions 
• Demand receipts 
• Payment receipts
• Statement of Accounts 
• Any loan documents 

2. Maintain a chronological record of all communications

• Emails, letters, representations

3. Gather photographic evidence of discrepancies

• If you have taken pictures of construction site 
• Newspaper clippings showing non construction etc. 

4. Prepare a detailed timeline of events

The legal notice

Before filing a complaint, you should ideally send a formal notice on your letterhead to the builder. In the said notice, you should:

• Clearly outline specific grievances of your client
• Provide a clear, reasonable timeline for response
• Document the builder’s lack of meaningful action

This is although not mandatory under the Consumer Protection Act but creates a documentary trail and gives the builder a final opportunity to make good on the promises or offer your client a settlement to avoid protracted litigation. 

Now that we have learnt all the basics required, let’s see how to actually draft this complaint. 

How to draft a Consumer Complaint for refund due to delay in delivery of possession

Remember Mr. Sharma who called us? We will take a situation where our client, Mr. Sharma’s property situated in Section 46, Noida has not been delivered even after a delay of 1+ year after payment of Rs. 15 lakhs and an additional 60k for maintenance! 

STEP 1: Cause Title 

Cause Title includes the name of the court where the case is being filed, including the names of the parties (e.g., Complainant vs. Opposite Party). It provides a formal identification of the case, ensuring clarity on who is involved and where the matter is being heard.

We will mention the forum which has the jurisdiction to try the case- you need to find out which commission will have both territorial and pecuniary jurisdiction to hear the matter. 

In our case, we will file it in the District Forum of Noida which is situated in Gautam Budh Nagar as the cause of action has arisen there. Section 34 of the Consumer Protection Act lays down how to determine the territorial jurisdiction of any commission.

Below that we will mention CC No. which is the nomenclature for consumer complaint number. This will be provided by the registry once our complaint is duly filed. 

It should look like this:

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, GAUTAM BUDH NAGAR

CC NO_____/2024

STEP 2: Memo of Parties

We will mention the details of the parties in the Memo of Parties, including their name, address, age etc. Also, since the opposite party is a registered Company, we will be required to mention the name of its CEO or MD or any key managerial personnel. Ensures that all parties are properly identified and notified. It is crucial for accurate legal communication and proceedings.

It should look like this:

IN THE MATTER OF

MR SHARMA

S/O____

R/O [Insert Address]

VERSUS

GOLDEN TULIP BUILDERS

THROUGH ITS AUTHORISED REPRESENTATIVE

HAVING ITS REGISTERED OFFICE AT [Insert Address]

STEP 3: Statutory provision

In this step we will mention under which provision is the Complaint filed. As per the new Consumer Protection Act, the Original Complaint is filed under Section 34 of the Act. Now this step establishes the legal basis for the claim, guiding the court to understand the applicable laws and jurisdiction.

It should look like this:

CONSUMER COMPLAINT UNDER SECTION 34 OF THE CONSUMER PROTECTION ACT, 2019 

STEP 4: Introductory paragraph

In this step you need to give a brief overview of the case, outlining the purpose of the complaint or petition. By doing so you will set the tone and context for the case which will give the commission an idea of the matter being presented.

In the 1st para we will mention the nature and purpose of the complaint being filed:

A drafted paragraph should look like this:

1. That the present Complaint is being filed by the Complainant against the Opposite Party seeking refund of their money for delay in delivery of possession on part of the Opposite Party which amounts to gross deficiency in services, as well as against the unfair trade practices that has been adopted by the Opposite Party. 

In our case the wrong complained of is gross deficiency in services (due to non-delivery of the flat), unfair trade practices by abusing dominant position (as our client was made to pay illegal charges for maintenance of a building that doesn’t exist!). This way, we create an initial impression before the forum by establishing the merits of our case.

STEP 5: Introduction to Parties

You need to write a detailed introduction of all the parties involved and explain their roles and relationships to the case. It helps the commission in understanding who the parties are and their connection to the matter, further laying a foundation for the arguments.

In the next paragraph, it’s always a good exercise to introduce the parties and establish the relationship between them. 

A drafted paragraph should look like this:

2. That, the Complainant is the buyer in the present case and has paid an advanced sum of Rs 15,00,000/- out of the total consideration of Rs 45,00,000/- of a 2 BHK Flat under the Purchase Agreement executed with the Opposite Party for their Housing Project titled Golden Tulip Properties (hereinafter referred to as the “Project”). 
3. That the Complainant falls within the definition of consumer as per Section 2(7) of the Consumer Protection Act and hence, has the locus to invoke the jurisdiction of this Hon’ble Commission. 

Make sure to include this part even if it seems obvious to you that your client is a consumer. For the purpose of establishing locus, you need to bring out your standing. 

4. That, the Opposite Party represented by its Managing Director is a renowned Builder and developer of the aforementioned Project.

STEP 6: Facts of the case

Now we will set out the facts of the case in detail in a chronological manner with all documents as annexures. It will always start with how your client found out about the property/was approached by the builder. This shows an intent to defraud. If there were advertisements/brochures/hoardings promising certain amenities/timelines, it is crucial to mention them. 

Let’s see how this looks like:

5. That, the Complainant was approached by several agents of the Opposite Party in the year November 2020 with respect to the said Project, promising world class amenities and on time delivery and possession of the Project. 
6. The Complainant acting upon the representations of the agents of the Opposite Party, decided to book a 2 BHK Unit in the Project for a sale consideration of Rs. 45,00,000/- to be paid in installments as per the Construction Linked Payment Plan adopted by the parties. 

STEP 7: Builder Buyer/Purchase Agreement

Now we will mention the details of the Purchase Agreement that was executed along with the details of the amount already paid by our client. This will act as the primary document to demonstrate the obligations and rights of both parties, central to assessing the dispute.

A drafted paragraph should look like this:

7. That, a Purchase Agreement dated 15.12.2020 was entered into between the Complainant and the Opposite Party for a total sale consideration of Rs 45,00,000/- out of which a sum of Rs 5,00,000/- was to be paid by way of advanced payment. 

True Copy of the Purchase Agreement dated 15.12.2020 is annexed herewith and marked as ANNEXURE P-1

8. That, the Complainant paid the advanced sum by way of Cheque dated 15.12.2020 bearing cheque No. 12345 drawn on HDFC Bank, Noida. True Copy of the Cheque dated 15.12.2020 is annexed herewith and marked as ANNEXURE P-2 

STEP 8: Deficiency in services and Unfair Trade Practices

Your client must have paid the amount in various installments. You need to give details of all the demand notices and receipts that you received on such payments. 

Here’s how we will draft this:

9. That as per the Payment Plan demand notices were raised on dates 15.01.2021, 15.02.2021, 15.03.2021, 15.04.2021, 15.05.2021, 15.06.2021, and 15.07.2021 for payment of installments. In furtherance of the said demand notice, a total of Rs. 10,000,00 was further paid to the Opposite Party. True copy of the demand notices dated 15.01.2021, 15.02.2021, 15.03.2021, 15.04.2021, 15.05.2021, 15.06.2021, and 15.07.2021 are annexed herewith and collectively marked as ANNEXURE P-3 (Colly). True copy of the payment receipts dated 16.01.2021, 17.02.2021, 19.03.2021, 16.04.2021, 15.05.2021, 17.06.2021, and 19.07.2021 are annexed herewith and collectively marked as ANNEXURE P-4 (Colly). 
10. That, as it can be seen, the Complainant has made all timely payments and has made no delay on its part. 

This is where you need to introduce how the construction was being delayed and non-delivery of the flat, even beyond the stipulated time in the contract. Do not forget to highlight the factum of deficiency in services and unfair trade practices from the part of the Opposite Party- this is what the Consumer Commission will decide!

11. That, as per the Purchase Agreement, the project was to be completed within a period of 26 months from the date of the agreement, i.e., by 15.02.2023. However, till date, the same has not been completed and handed over. That this is a clear case of deficiency in service on part of the Opposite Party. 
12. That, in fact, when the Complainant visited the site several times, all he could see was a vast area of land being dug up, some construction material kept, and a foundation laid. However, the construction did not move ahead beyond that. Even on the date of drawing up this present Complaint, the situation remains the same. 
13. That, the Complainant approached the Opposite Party several times on dates ______,______,______ (insert appropriate dates), inquiring about the status of the construction and would be met with false promises that the project is on track, and everything will be delivered within time. 
14. That, despite the project not having even started, the Complainant has till date paid Rs. 60,000/- as ‘Advanced Maintenance Charges’ for a building which was not even in existence. When the Complainant inquired about the same, he was informed that these are standard charges as given under the terms of the Agreement. This amounts to unfair trade practices on part of the Opposite Party. 
15. That these acts of the Opposite Party fall within the definition of deficiency in services and unfair trade practice as defined under section 2(11) and 2(47) of the Consumer Protection Act respectively. 

STEP 9: No default on part of your client

The important point here is to bring out the fact that there was no default on part of your client and it was the fault of the opposite party- we will mention all the instances on which we approached the Opposite party for the delivery of the possession and title of the flat, but the representatives of the Builder kept adopting evasive tactics. Mark all such emails and messages as annexures. 

16. That, the Complainant sent various emails dated 10.09.2023, 11.10.2023 and 15.12.2023 seeking delivery of possession of the flat or for refund of his money. However, every time the Opposite Party kept on evading the Complainant. True Copy of the Emails dated 10.09.2023, 11.10.2023 and 15.12.2023 are annexed herewith and marked as ANNEXURE P-5 (Colly)

STEP 10: Notices!

Mention the fact of due service of Legal Notice along with its service (if you have sent any) demanding refund of money along with interest- but to no avail. Annexe the proof of service. 

17. That, when all avenues of communication with the Opposite Party had proved to be ineffective, the Complainant served a Legal Notice dated 15/02/2024 by way of RPAD seeking refund of earnest money from the Opposite Party, and the same was duly served on the OP. True Copy of the Legal Notice and Service proof of the Legal Notice is annexed herewith and marked as ANNEXURE P-6.
18. That, the Complainant till date has not received any reply from the Opposite Party for the aforementioned Legal Notice, and hence is forced to file the present complaint seeking refund of his hard earned money to the tune of Rs. 15,00,000/-. 

You can also mention the settled law as regards the abuse of dominant position laid down by the Supreme Court.

STEP 11: Mandatory averments 

Mention that the acts of the Opposite party has entitled you to compensation for non-pecuniary damages such as mental agony, trauma etc. 

19. That the present complaint is being filed bona fide and in the interest of justice. 
20. That this Commission has both pecuniary and territorial jurisdiction to hear the present case. 
21. That the present Complaint has been filed within the period of limitation and no claims herein are time barred. 
22. That no other complaint of similar nature has been filed before this forum or any other court/forum.

STEP 12: Prayer clause

The formal request made to the commission, specifying the relief or remedy sought. It will clearly outline what the petitioner wants the commission to grant. Remember, that plaintiff can only seek those remedies that they have mentioned in their prayer.

Your prayer clause should look like this:

PRAYER:

It is therefore prayed that this Hon’ble Commission may:

(i) Direct the Opposite Party to refund the amount of Rs 15,00,000/- to the Complainant along with interest @18% per annum,

(ii) Direct refund of Rs 60,000/- to the Complainant for the amount charged as Advanced Maintenance Charges with interest @18% per annum,

(iii) Direct payment of compensation of Rs 1,00,000/- for the mental agony, harassment and mental pain suffered by the Complainant.

(iv) Any other relief that this Hon’ble Commission may deem fit and proper

You can find the final draft here for your reference. 

This is a standard format for you to understand how to draft a complaint, and the most essential elements of it. Based on your actual scenario, the draft will have more elements to it. 

Checklist of items to include in a Complaint

• Brief description of the parties;
• Details of the transaction of purchase; 
• Details of the grievance; 
• Explain attempts made by the complainant to rectify the problem;
• Details of evidence in support of the complaint;
• Attach certificate under Section 63 of Bhartiya Sakshya Adhiniyam, 2023 when producing digital evidence;
• Description of facts determinant of pecuniary and territorial jurisdiction of the Commission;
• A Statement that the complaint is being filed within the period of limitation under Section 69 (of CPA 2019);
• The Relief claimed in detail;
• Prayers formally stating the relief sought in brief.

Documents to attach with the Complaint

1. All annexures that you want to produce and have made part of the complaint 
2. Affidavit of the Complainant 
3. Vakalatnama 

Common mistakes in drafting and filing a Consumer Complaint

While filing a complaint, people make the following mistakes which can be avoided with the right due diligence. 

1. Failure to attach all relevant evidence: The complainant should ensure that all evidence, documentary or otherwise, should be properly attached to the complaint and appropriately marked and numbered as annexures. This makes it easier for the Commission to peruse the same. 

2. Electronic or digitally procured documents: It is suggested that a certificate under Section 63 of the Bhartiya Sakshya Adhiniyam, 2023 be attached whenever such documents are attached as annexures with the complaint. 63 of the Bhartiya Sakshya Adhiniyam, 2023 requires that a document certifying the authenticity of an electronic record be attached when such records are presented as evidence in judicial proceedings. 
3. Failure to sign properly or mention the correct address: It must be ensured that the complaint is properly signed by the complaint at the right place and the updated address of the opposite party is mentioned. Failure to do the latter particularly could create problems in service of summons by the Commission to intimate the opposite party. This may be taken up as a defence by the opposite party to delay the process. 

What is the timeline for processing and adjudication of Consumer Complaints 

Consumer Protection Act, 2019 essentially governs the timelines for processing and adjudication in consumer forums. This Act outlines specific periods for various stages of dispute resolution to ensure timely justice for consumers.

Key Timelines:

• Filing of Complaints: Consumers are required to file their complaints within two years from the date the cause of action arises. 
• Issuance of Notice: Once you have filed the complainant, upon receiving it the district commission is required to issue a notice to the opposite party within 21 days. 
• Response from Opposite Party: The opposite party must respond within 30 days of receiving the notice. An extension of 15 days is allowed on the discretion of the forum.
• Appeals:
  • State Commission: Appeals against District Commission orders must be filed within 45 days. 
  • National Commission: Appeals against State Commission orders must be filed within 30 days. 
  • Supreme Court: From an order of the National Commission, an appeal lies to the Supreme Court within a  period of thirty days from the date of the order

These timelines are designed to speed up the resolution and adjudication process and ensure that consumer grievances are addressed speedily. However, actual durations may vary based on case complexity and other factors.

How to present and argue a case in the Consumer Commission

Admission hearing 

Once you file your complaint, it will be listed for first hearing. On this date, you will need to present your facts before the Commission and satisfy the judges as to why a notice should be issued to the Opposite Party. You need to be thorough with the facts of the case as well be prepared to argue on the issue of maintainability. 

After notice

After a notice is issued, you will have to file the process fee which is a fee levied by the Commission to send files along with notice to the Opposite Parties. If there are more than 2 Opposite Parties, you will need to file extra copies for processing.

A date will be given in the notice for the Opposite Party to file their reply and to appear. On the next date, you can seek time to file or your rejoinder to the reply filed by the Opposite Party. If they have not filed their reply, they might seek extra time. 

Admission and Denial of documents  

In most cases, in the same order, the commission will set dates for admission and denial of documents and evidence. These proceedings take place before the Registrar. Both parties have to file a document admitting or denying the documents produced by the other party, and appear on the date given. 

Adducing evidence 

Evidence is given in these proceedings in writing- a document has to be drawn up by each party wherein they write down their versions of the events while relying on supporting documents. This is more or less similar to the complaint but goes into details of the testimony. For example, in our case, the Client has to give details of the date on which he went to the construction site, who he met, events that happened etc. You substitute oral evidence with this documentary testimony. 

Hearing 

On completion of pleadings and evidence, the case is listed before the bench again for hearing. A final hearing date is given where both parties have to argue on the merits of the case. You will most likely be asked to draft written submissions (summary of your pleadings) and present it before the final hearing date. The complainant leads the arguments, followed by a reply from the Opposite Party. 

Judgment 

The commission will either pass the judgment on the very date or reserve it for pronouncement on another date. 

How to craft clear and concise arguments for Consumer Commission 

While you are preparing for arguments before any Consumer Commission make sure that you have a structured argument style. This is ideally the pattern that you should follow:

1. Relevant facts in a chronological order
2. How your client satisfies the definition of being a consumer 
3. How the commission has jurisdiction to hear the case 
4. What is the issue that you are arguing on: deficiency of services/unfair contracts/unfair trade practices/restrictive practices/overpricing etc.?
5. What are your factual arguments that lead to proving the issue that you have framed
6. Are there any judgments that are in your favour? Cite them in your written submissions, as well as in your oral arguments 
7. Order of preference of judgments- Supreme Court> NCDRC> SCDRC> District Commission
8. End your arguments with a clear prayer 
9. Note down the arguments of the opposition just in case you are given an opportunity to present rejoinder arguments
10. If they are citing any case, try and distinguish them on facts or on law
11. In the worst-case scenario, ask for time to get back with rejoinder arguments, and have the case listed for hearing on another day. If there are lengthy arguments, the commission will grant this opportunity.

Addressing builder’s defenses

One of the defenses is regarding your client not being a consumer, which I have already addressed above. Other than that, the most common defences that can come your way are:

1. The complaint not being maintainable due to pecuniary misstatement – you can provide a documentary trail of payments and a chart of calculation, if required.
2. Delays on grounds of unforeseen circumstances aka force majeure events- there are two things that you can do in this case:

• See if there actually is a force majeure clause in your contract. If yes, what does it stipulate? Most force majeure events are acts of god, wars etc., which do not cover situations like farmer protests, shortage of labour etc., which are the most common excuses given by builders. 
• There are judgments which state that builders are to apprehend these issues and cannot put them under force majeure situations. One of the leading judgments in this regard is that of Manoj Kawatra vs. Pioneer Urban Land & Infrastructure,  2021 SCC OnLine NCDRC 325.

3. The builder may also try and argue that you can take possession at a later date. In such circumstances, you can cite judgments where the Supreme Court has said that a homebuyer cannot be forced to wait indefinitely and take possession at a later date. The Pioneer Urban judgment cited above covers this point too. 

What remedies can complainants expect from the Consumer Commission

A homebuyer or homeowner filing a complaint in the consumer court may receive the following remedies:

• A complete refund of the amount paid along with interest;
• Correction of any service deficiencies;
• Reimbursement of legal expenses incurred during the complaint process;
• Compensation for losses or hardships caused by project delays or cancellations;
• An order directing the seller to cease any unfair trade practices.  

Common challenges in consumer complaints and how to overcome them

The most common challenge that comes in consumer cases is the delay of proceedings. Although the Act says that the complaint should be endeavoured to be disposed of within a period of three months, the time period always is stretched to years. 

One of the main reasons behind that is the number of cases that are filed with Consumer Commissions. 

If you need your case to be listed urgently, you can definitely move an application for urgent hearing. 

Filing fees and procedure

You have two ways by which you can file your complaint. Those are:

Online route

• Visit https://e-jagriti.gov.in/
• Create your digital complaint profile
• You can submit your complaint, annexures, applications etc., on this portal. 

Offline strategy

• Prepare three identical complaint copies
• File it in the registry of the commission/forum physically 
• Include precise court fees
• Utilize helpline support at 1800-11-4000

A complaint can be filed either directly by the complainant, through their agent, or even sent via registered post along with the required court fee. Typically, three copies of the complaint must be submitted: one for official records, another for the opposing party, and the third for the complainant. If there are multiple opposing parties, additional copies must be provided accordingly.

You need to pay the court fee depending upon the valuation of your case. You can refer to the following chart.

Source – NCDRC

Monitoring the case progress

One should regularly monitor case progress which is essential to ensure timely action and adherence to procedural requirements. 

You can get regular updates through Confonet/e-jaagriti. It is crucial to stay informed about hearing dates, filing deadlines, and any procedural compliance and this will help you in avoiding any delays.

Ensuring compliance with the Commission’s Order

As per Section 72 of the Consumer Protection Act, non-compliance of an order of the District Commission or the State Commission or the National Commission can be punishable with:

• imprisonment for a term of one month to three years, or 
• a fine of twenty-five thousand rupees to one lakh rupees, or
• with both.

Steps in case of non-compliance by the builder

1. File an Execution Petition – Submit an Execution Petition under Sections 71 read with Section 72 of the Consumer Protection Act, 2019, to the relevant Consumer Commission (District, State, or National).   
2. Include Relevant Details – Attach all necessary documents, including a copy of the commission’s order and evidence of non-compliance of the order by the builder.  
3. Seek Penalty for Non-Compliance – Request the commission to impose penalties as per Section 72.
4. Await for Commission’s Action – Once the petition is filed, the concerned commission will summon the builder and take appropriate steps for execution of the order, including recovery of the awarded amount or may attach the property.  

Conclusion

A consumer complaint against a builder requires precision, clarity, and adherence to legal standards. If you clearly outline the facts, give referencing of relevant agreements, highlight deficiencies in services, and establish that there is no fault on the consumer’s part, you can build a strong case in favour of your client.

Always remember, the key is to present your case in a concise, factual, and legally sound manner to ensure your clients’ rights as a consumer are upheld.

So, are you now ready to take up your consumer complaints from real estate matters?!

I will give you more insights about real estate related matters in my upcoming write ups. Stay tuned.