A consumer is defined as someone who acquires goods or services for direct use or ownership rather than for resale or use in production and manufacturing. Goods and Services include daily goods, services, properties purchased from developers. Consumer right is the right to have information about the quality, potency, quantity, purity, price and standard of goods or services.
There are prescribed laws so to take preventive measures for businesses that engage in fraud or unfair practices.
Key Points for any Consumer
- Individuals, a firm, a Hindu undivided family and a company, have the right to exercise their consumer rights for the purchase of goods and services made by them.
- A complaint can be made for goods or services purchased by a person or agreed to be purchased has one or more defects or deficiencies in any respect or a service provider resort to unfair or restrictive practices of trade
- The Consumer courts like District Consumer Disputes Redressal Forums at district level, State Consumer Disputes Redressal Commissions and National Consumer Disputes Redressal Commissions have been incorporated with the help of the Consumer Protection Act. These consumer grievance redressal agencies have fiduciary as well as geographical jurisdictions which address consumer cases between businesses and consumers.
HAVE YOU RECENTLY BOUGHT A HOUSE FROM A DEVELOPER? IS YOUR POSSESSION DELAYED?
Delayed possession of plots/apartments/houses or abandoned projects by a developer is a common deficiency in the services promised by the builder/developer.
The national commission observed that availability of land and approvals from competent authorities are fundamental requirements of a housing project and the responsibility of builder and non-fulfillment of its overall responsibilities of project planning, execution and completion are not grounds for condoning or overlooking delay in completion and handing over possession ofresidential units.
Any person who has invested his hard-earned money and does not get its possession on time, loses not only a home but money (EMIs on loan and rentals if any on his/her current accommodation).
Each home buyers must know
- A purchaser can send a notice to the builder, claiming the refund of the amounts paid along with interest and/or damages and if the Developer does not address the concerns of the buyer his most appropriate course is to file a consumer complaint for deficiency in service as defined under the Consumer Protection Act, 1986 against the builder.
- Remedies available are filing complaints before the RERA Tribunal, criminal proceedings etc.
- Seek refund of the payments made till date.
- It is important to claim interest on the payment made till date. Interest to be calculated from the date the payment was made till the date of refund.
- Claim damages for mental harassment and agony.
- It is important to seek for litigation costs.
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