Consumer Connect: Builder must provide a defect liability period of five years

I filed a complaint with Maharashtra state consumer commission in September 2021 against a builder for failing to give me a possession of the flat or refund the Rs 60 lakh I paid with interest and compensation. Since there is a lot of delay in the state consumer forum, can I now withdraw my complaint and file it before MahaRERA?

- Dharmesh Shah, Borivli

The Real Estate (Regulation and Development) law came into effect from May 1, 2017. Section 71 of RERA provides that any complaint pending in any consumer commission can be withdrawn with the permission of the president of the commission concerned and be filed at MahaRERA, provided a such complaint is filed in consumer commission before May 1, 2017. Since you filed your complaint at the state commission in September 2021, you cannot withdraw your complaint from the commission and file it in MahaRERA.

However, since your anxiety is about the long delay in the state commission, you may request the president to your complaint for mediation as provided under Section 37 of the Consumer Protection Act, 2019, which can provide you a speedy resolution of your dispute. If your dispute is resolved amicably by mediation, the settlement terms are filed and taken on record by the commission. These settlement terms are final and binding on both parties. There is no further appeal against such a settlement and hence you can save a lot of your time and money in further litigation.

­

I find some advertisements on TV totally misleading or making false and unbelievable claims about their products. Where can I complain against such ads?

- Shriram Joshi, Navi Mumbai

Since advertisements are often short-lived, the action taken against them has to be prompt. The most speedy and inexpensive way is to approach the Advertising Standards Council of India (ASCI), which is a voluntary, self-regulatory organisation. You can lodge your complaint before ASCI through a WhatsApp message at 7710012345 or an email asci@vsnl.com.

After the receipt of your complaint by ASCI, they try to resolve it internally. If it is not possible to resolve internally, the complaint is presented before the panel of the consumer complaints council of ASCI. If the panel upholds the complaint, the advertiser is directed to withdraw or modify the ad within a specified period.

For lodging a complaint against misleading advertisements before ASCI, you should provide certain details like on which channel, during which serial, at what time and date such advertisements appeared. If possible, provide a YouTube link. You should also briefly mention the objectionable claims made in such ads.

Even the Consumer Protection Act, 2019 has specifically made provisions for taking action against such misleading/ false/tall claims of the products or services. Thus, alternatively, you can file a complaint under the Consumer Protection Act, 2019.

I purchased a flat for Rs2.5 crore at Andheri and got possession in August 2019. After one year, I found that there was a lot of leakage during rains. Also, the tiles used by the builder are of substandard quality than what was promised and displayed in the demo flat. I consulted an engineer, who has given an estimate for repairs of Rs25,000. What action can I take?

- Jeevan Borgaonkar, Talegaon

You have remedies under the RERA Act as well as under the Consumer Protection Act. You can opt for any one option. Under RERA Act, the builder is under obligation to provide a defect liability period of five years from the date of the occupancy certificate. In case of any structural defects or any other defects in workmanship, quality or provision of services pointed out by the buyer within five years, the builder is required to carry out such repairs at his own cost. If the builder fails to do so, you can file a complaint before MahaRERA and recover such expenses incurred by you to carry out the repairs.

You also have another option of filing a complaint before the Consumer Disputes Redressal Commission. Even though you will be claiming reimbursement of Rs25,000 for the repairs and some compensation for hardships, considering that the amount paid by you for the flat is Rs2.5 crore, you will have to approach the National Consumer Disputes Redressal Commission in Delhi, which is not a very advisable proposition. Hence it is advisable to file such a complaint in MahaRERA.

(Dr Archana Sabnis is an expert on consumer laws who is practising at consumer disputes redressal fora at district, state and national levels since 2000. She is on the panel of conciliators of Maha RERA and is associated with the Mumbai Grahak Panchayat.)

Published on: Monday, April 10, 2023, 08:36 AM IST