Who Can File A Consumer Complaint?

The National Consumer Disputes Redressal Commission ("NCDRC") is frequently allowing much needed relief to the homebuyers in India in cases of delays in delivery and defaults by the builders/developers ("builders").

In this article, we discuss the pragmatic judicial approach of the NCDRC in its two full bench judgments. These judgments rule out the technical objections (frequently raised by the builders in consumer complaints) that have often troubled the homebuyers and delayed the adjudication process.

In a nutshell, the law now seems settled that:

1. Residents' welfare associations ("RWAs") can file a consumer complaint against the builders; and
2. Individual homebuyers can also file a consumer complaint against the builder, and if the homebuyers file a joint complaint, they can even invoke the jurisdiction of the NCDRC, rather than fighting their cases individually at the State Commissions or the District Consumer Forums.