Real estate matters top list of consumer cases in UT
Chandigarh, Aug. 5 -- Delayed possession of flats, poor construction quality and builders failing to deliver promised amenities have made housing the single largest source of consumer litigation in Chandigarh, with real estate disputes accounting for more cases than any other sector before the city's consumer commissions.
Since their inception in 1988, the Chandigarh consumer commissions have registered 6,689 housing-related complaints, the highest among all sectors. Insurance disputes follow with 5,078 cases, while banking ranks third with 2,106 complaints.
The remaining relate to miscellaneous categories such as medical negligence, electricity, transport, education, telecom, e-commerce and other consumer services. Interestingly, Chandigarh's trend differs from the national pattern. Across India, insurance accounts for the largest share of consumer disputes at 23.57%, while banking contributes 8.2% and housing 8.1% of cases before consumer commissions.
According to Rajesh Arya, senior member of the Chandigarh Consumer Commission, most housing disputes stem from delayed possession of flats, substandard construction and builders failing to provide the amenities promised at the time of booking.
Explaining the broader reasons behind the surge in real estate litigation, I P Singh, advocate, chief patron and former president of the Tricity Consumer Courts Bar Association, Chandigarh, said housing disputes are compounded by practices adopted by both builders and financial institutions.
"Possession of flats is not delivered within the agreed time period, and built up areas are increased in an arbitrary manner after being specified in the agreement to sell or allotment letter. Quality of construction and promised amenities are simply not provided by most builders," Singh said.
Explaining why insurance disputes continue to generate substantial litigation, Singh said insurance companies often repudiate or reject claims on flimsy grounds, leaving policyholders with little option but to approach consumer commissions.
On banking disputes, Singh said the increasing incidence of cyber fraud has emerged as a major driver of litigation. "Funds are siphoned off through electronic transactions without the knowledge of the account holder. Where the customer is not at fault, banks are expected to compensate the consumer, but disputes arise when compensation is denied, prompting consumers to seek legal remedies," he said.
Advocate Varun Tuteja said housing disputes generate the highest volume of litigation because purchasing a home is often the biggest financial commitment a family makes.
"Housing generates the highest number of consumer disputes because it is not merely a transaction-it is a lifetime investment. When possession is delayed or the promised product is not delivered, consumers suffer financial loss, emotional distress and years of uncertainty."
In the Tricity region, disputes are also fuelled by delays in obtaining statutory approvals, occupancy certificates and refund claims in stalled projects. Tuteja said homebuyers are far more likely to pursue legal remedies than consumers in most other sectors because of the enormous financial stakes involved.
The Chandigarh State Consumer Disputes Redressal Commission (SCDRC) was established in July 1988 following the enactment of the Consumer Protection Act, 1986, while the District Consumer Forum, now the District Consumer Disputes Redressal Commission (DCDRC), was constituted a month earlier in June 1988.
Both institutions function from Sector 19, Chandigarh. The state commission comprises one president and four members, while each of the city's two DCDRCs is headed by one president and has two members.
The two DCDRCs together have received 75,667 cases since inception and disposed of 73,277, translating into an overall disposal rate of 97%.
The SCDRC has disposed of 30,708 of the 31,481 cases filed before it, achieving a disposal rate of 97%.
The commissions continue to struggle to dispose of cases within the statutory time frame of 90 days.
Of the 73,277 cases disposed of by the two DCDRCs, 26,420 were decided within the prescribed period, accounting for 36.06% of all disposed cases. Out of the 32,808 cases disposed off by the SCDRC, 20,638 have been disposed off within prescribed time norms, accounting for 62.9% of all disposed cases....
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