What is consumer protection Act? Consumer Protection Act makes provisions to protect the consumers from fraudulent dealings. It guides the consumers with the procedure for safe transactions and helps them get justice when cheated.
With the increasing demand and sale of apartments in housing societies, the number of frauds relating to it has been increasing as well. We see around us so many instances where builders take an advance from home buyers and flee without completing the construction, tenants who carry out illegal activities or constantly disturb other residents in the apartments. Consumer Protection Act provides concrete guidelines for every transaction made in a housing society, thus keeping the seller and buyer safe from frauds.
Here is a list of 4 instances where home buyers/ owners of apartments in housing societies mostly get cheated, and ways of handling them using the Consumer Protection Act.
1. Construction left incomplete by the builder
If your builder has not completed the construction within the specified period of time, these are the following things that can be done:
- The first and most important step to justice is to gather support of other home buyers.
- If your builder has taken your group warning seriously and you wish to give additional time, each buyer is entitled to claim for a compensation amount till the construction gets completed.
- If the builder doesn’t take your repeated appeals to consideration, you can cancel the deal and ask the builder to pay the present value of the house or as a buyers group, you can get money from the builder and complete the development by yourself through other contractors
2. Resident not abiding by rules of society/ contract
The act brings justice to residents who are suffering because of other residents who default payment of rent/ maintenance fees, keep with them members or carry out activities that are not allowed as per the rules of the society and do not agree to vacate the house even at the end of the contract or claim rights on your apartment (if tenant).
The act provides legal support and makes it easier for you to get justice.
3. Say no if apartment is not as promised
According to the law, the builder is not permitted to vary the quality of products from what was promised initially. On doing so, the consumers have the right to deny possession and ask for changes. The finally created apartment is bound to be similar to the one used while marketing as the law prohibits unrealistic or false marketing.
If you booked your apartment under a promotional offer that provides additional facilities and you were not provided with the same, the act will help you hold legal charges against the builder and you can also ask for money in return for the facilities.
You can lodge complaints under the act if the builder denies making the changes or providing what was promised.
4. Claim for suitable documents
If you feel that your builder is trying to cheat you with complex and confusing contracts, with the help of the act, you can claim for agreements/ contracts in easily understandable language. You can claim for changes in terms and conditions which you find unreasonable after the documents have been changed to simple language.
You can also ask for copies of any document which you think are necessary for future transactions with the builder.
In a nutshell, the act promotes fair and responsible behavior on the part of both the builder and home buyer of a housing society.
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