Jun 13, 2023Home Ally

Legal Remedies For Homebuyers To Resolve Property Disputes In India

by Godrej Properties Limited

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Legal Remedies For Homebuyers

In India, homebuyers benefit from various legal remedies to address property disputes. These remedies aim to safeguard the rights and interests of homebuyers, ensuring a fair and just resolution to any conflicts that may arise during the purchase or ownership of a property.

Some Common Legal Remedies For Homebuyers In India

1. Consumer Forum

Homebuyers can approach the appropriate consumer forum established under the Consumer Protection Act of 2019. The consumer forum can provide redress for complaints related to deficient services, unfair trade practices, or any other consumer grievances.

2. Real Estate Regulatory Authority (RERA)

Homebuyers can file complaints with the respective state’s Real Estate Regulatory Authority, which was established under the Real Estate (Regulation and Development) Act of 2016. RERA aims to regulate the real estate sector and protect the interests of homebuyers by ensuring transparency, accountability, and timely completion of projects.

3. Civil Courts

Homebuyers can file a civil suit in the appropriate civil court seeking specific performance of the agreement, cancellation of the agreement, refund of money, or any other appropriate relief. Civil courts have jurisdiction to adjudicate property-related disputes.

4. The Arbitration

If there is an arbitration clause in the purchase agreement, homebuyers can opt for arbitration to resolve their disputes. Arbitration is an alternative dispute resolution mechanism where an impartial third party, called an arbitrator, makes a binding decision after hearing both parties.

5. Criminal Complaint

In certain cases involving fraud, misrepresentation, or criminal wrongdoing, homebuyers can file a criminal complaint with the police. The police can investigate the matter, and if sufficient evidence is found, a criminal case can be filed in the appropriate criminal court.

6. Consumer Protection Laws

Homebuyers can seek relief under the Consumer Protection Act 2019, which provides for compensation, refund, or replacement of goods/services in cases of unfair trade practices, deficiency in services, or defective products.

Wrapping It Up 

For homebuyers in India, seeking legal advice from a qualified lawyer specialising in property law is advisable. Such professionals can provide guidance on the specific legal remedies available in their case and help navigate the complexities of property disputes. With the expertise of a lawyer, homebuyers can understand their rights, explore legal options, and proceed accordingly to protect their interests in the best possible manner.


Frequently asked questions

1. What is the Consumer Forum?

Ans. The Consumer Forum, established under the Consumer Protection Act 2019, serves as a platform for homebuyers to seek redressal for complaints. It enables individuals to address issues related to deficient services, unfair trade practices, or any other consumer grievances they may have encountered during the home-buying process.

2. Are criminal complaints an option?

Ans. In cases involving fraud, misrepresentation, or criminal wrongdoing, homebuyers have the option to file a criminal complaint with the police. Upon receiving the complaint, the police will conduct an investigation. If substantial evidence is found, a criminal case can be filed in the relevant criminal court to hold the responsible parties accountable for their actions.

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