If you are stuck in such a situation, here is what to do.

Mr. Ajay, an 18-year-old student, resides in a three-story apartment building named “Serene Enclave” in the city of Vidyanagar. He lives with his mother and sister, as his father is posted elsewhere for work. They purchased their flat four years ago through a relative who had a partnership with the developer, “Prime Builders.” When they moved in, the building was incomplete, lacking proper parking flooring and exterior paint.

A significant issue is the parking area, where Prime Builders constructed two unauthorized rooms for rent, leading to a severe shortage of parking space for residents. This forces residents to park in the driveway, often requiring them to move other vehicles to get their own out. The building, now housing seven families, is in a state of disrepair. There is no security guard, no functional elevator, and no official residents’ association secretary. An individual, Mr. Khanna, has attempted to act as a secretary, but his efforts have been largely ineffective.

One of the residents, Mr. Desai, had previously filed a legal case against Prime Builders and other flat owners after facing harassment for raising concerns about the incomplete work and illegal construction. Furthermore, the septic tank installed by the builder, intended for government connection, overflowed within two years of occupancy. Mr. Khanna then asked each family to contribute ₹60,000 for building paint, septic tank cleaning, and leveling the parking area, which was overgrown with weeds. He provided no bills or formal estimates. Ajay’s family contributed a partial amount for the essential putty work but refused to pay more, arguing that these amenities were supposed to be included in the original purchase price. Recently, adding to their troubles, the mirrors of Ajay’s scooter were stolen from the building’s parking area, leaving him unsure of the next steps.

Advice in such cases

• Document Everything: Maintain a detailed record of all issues, including dates, times, and photographs of the incomplete work, parking problems, and any damage. Keep copies of all communication with the builder and other residents.
• Review Your Agreement: Carefully examine the builder-buyer agreement and the sale deed. These documents are crucial as they list all the amenities, specifications, and facilities the builder promised to provide.
• Form a Legal Body: The most effective way to tackle collective issues is to legally form a Resident Welfare Association (RWA) under the relevant state’s Societies Registration Act. An official RWA has the legal authority to manage the building’s affairs, collect maintenance, and take legal action against the builder.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

• The Real Estate (Regulation and Development) Act, 2016 (RERA): This is the primary law to hold the builder accountable. Complaints can be filed with the state’s RERA authority for failure to complete the project as promised, not providing the Occupancy Certificate, and other contractual breaches.
• The Consumer Protection Act, 2019: The failure of the builder to provide promised amenities and a habitable living space amounts to a “deficiency in service.” Residents can collectively or individually file a complaint in the appropriate Consumer Disputes Redressal Commission.
• Bharatiya Nyaya Sanhita, 2023 (BNS): For the theft of the scooter mirrors, a police complaint can be filed under Section 303 of the BNS, which deals with theft. If there is intentional damage to property, it could also fall under “mischief” as defined in Section 325 of the BNS.

If you are the complainant

As a resident facing issues with the builder and the building’s condition, you are the complainant. Your course of action should be systematic.

• Gather All Proof: Collect your builder-buyer agreement, payment receipts, correspondence with the builder (emails, letters), and photographs of the incomplete work and hazardous conditions.
• File a RERA Complaint: Approach the RERA authority in your state. You can file a complaint against “Prime Builders” for not fulfilling their obligations. This is often the most effective route for builder-related disputes.
• File a Consumer Case: You can also file a case in the consumer court for deficiency in service. Since multiple families are affected, a joint complaint can be stronger.
• Report the Theft: For the stolen mirrors, you must file a First Information Report (FIR) at the local police station. This is a separate criminal matter.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

Focusing specifically on the theft of the scooter mirrors, you are the victim of a crime.

• File an FIR: Go to the nearest police station and file an FIR for theft under Section 303 of the BNS. Provide them with all the details, including the time you noticed the theft and the location. Insist on getting a copy of the FIR.
• Inform Building Management: Even if the management is informal, write a formal letter or email to Mr. Khanna and other residents about the theft. This creates a record and puts pressure on them to improve security.
• Seek Evidence: Ask other residents if they witnessed anything suspicious. Check if any nearby shops or homes have CCTV cameras that might have captured the culprit.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

• For builder-related disputes, the police will typically classify it as a civil matter and advise you to approach RERA or the courts. They generally do not intervene unless there are elements of criminal fraud, cheating, or intimidation that can be proven.
• For petty thefts like stolen mirrors, the police might initially be hesitant to register an FIR and may suggest making a “daily diary” entry. However, you have the right to demand that an FIR be registered, as theft is a cognizable offense.
• Once an FIR is registered, the police are obligated to investigate. The quality of the investigation can vary depending on the evidence available and their workload.

FAQs people normally have

• Can we force the builder to complete the remaining work?
  Yes. The most effective way is by filing a complaint with your state’s RERA, which can issue binding orders to the builder to complete the work and hand over the project as per the agreement.
• What if the police refuse to file an FIR for the theft?
  If the police refuse, you can send a written complaint to a senior officer, like the Superintendent of Police. If that fails, you can file a private complaint before the local Magistrate under Section 221 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), who can then direct the police to register an FIR and investigate.
• Do we have to pay the money demanded by the informal secretary?
  No. You are not legally obligated to pay funds demanded by an individual without the formation of a proper, registered RWA. Any collection of funds for maintenance or repairs must be done through a formal process, with proper accounting, resolutions passed by the general body, and transparent billing.

What evidence is required?

• For Builder Disputes: The builder-buyer agreement, sale deed, all payment receipts, photographs and videos of the incomplete construction, and any written communication (letters, emails) with the builder are critical pieces of evidence for RERA or consumer court.
• For Theft: A copy of the FIR is the primary document. Any available CCTV footage is the strongest evidence. Photographs of the scooter before and after the theft can also be helpful. Statements from any potential witnesses are also valuable.

How long will the investigation take?

• A police investigation for a minor theft might take a few weeks to months. The resolution often depends on whether they can identify a suspect, for which CCTV footage is key.
• Legal proceedings against a builder in RERA or a Consumer Commission are designed to be faster than traditional civil courts, but they can still take several months to over a year to reach a final decision, depending on the complexity of the case and the caseload of the authority.

Advocate Sudhir Rao, Supreme Court of India