Questions and Answers March 2024

Question 1: I paid Rs 86,000 to ROYAL DEVELOPER for the acquisition of a 50-yard plot. Subsequently, it was revealed that the plot had been converted for agricultural use, and a tractor is currently operating on the land. I have neither received the promised plot nor a refund. I have a money receipt as evidence of the booking. (Pawan)

Answer: It seems that the land intended for sale was either originally designated as agricultural land or was in the process of being converted into residential land. In either scenario, you have been provided with inaccurate information, which is unjust. You have the option to file a case citing unfair trade practices and deficiency in services against the developer before the Consumer Commission or the Real Estate Regulatory Authority (RERA).

Question 2: Encountering challenges while completing the online E-dakhil form. Can you provide guidance on the required documents for filing and attaching? Please elaborate. (Pratap Kumar)

Answer: Submitting a complaint online through the E-Dakhil Portal, akin to filing before a court, involves a structured process. Here are the initial four documents required for case submission:
1. Index: A concise summary or list outlining the contents of the case.
2. Memo of Parties: A document detailing the involved parties, their roles, and relevant identification details.
3. Complaint with Supporting Documents: A comprehensive complaint that outlines your case, accompanied by all necessary documents substantiating your claims.
4. Affidavit in Support of Complaint: A sworn statement attesting to the accuracy and truthfulness of the information provided in the complaint.

Additionally, the court may request a list of documents, if deemed necessary. Including a chronological synopsis of events with corresponding dates can be beneficial, aiding the court in understanding the case. It’s advisable to follow the specific guidelines on the E-Dakhil Portal for a seamless submission process.

Question 3: In 2023, I purchased term insurance and was asked if I had undergone an x-ray, CT scan, or blood test in the last 5 years. I initially marked “NO,” but later recalled that I had indeed undergone blood tests related to sinus. The insurance company had conducted its tests before issuing the policy. Could this discrepancy potentially cause issues with the policy, even after three years? (Rohit)

Answer: Simply put, within the first three years of the policy, the insurance company has the right to cancel it if they discover any inaccuracies in the provided information. However, after this initial period, they cannot cancel the policy but may still reject a claim. In your case, if questioned about the incorrect information, you could argue that the insurance company conducted thorough tests before issuing the policy and made their decision based on those results. The outcome will depend on the details that emerge during the inquiry. Currently, the policy is valid, but the possibility of claim rejection remains if any undisclosed issues related to sinus arise.

Question 4: Kindly assist in drafting an application memo seeking court approval for the publication in a newspaper regarding execution proceedings, especially when the judgment debtor (JD) is currently absconding. (Krishan Kumar)

Answer: There isn’t a predefined format. You must inform the court of your intention to proceed with a substituted notice service. Submit a request to the court seeking the content that should be published in the newspaper, and the court or commission will furnish you with the required material.

Question 5: What steps should be taken if the builder has received payment for the flat but is now raising the price, failing to deliver the flat at the agreed-upon rate? (Pramod)

Answer: You must have filled out a form providing all the rate details or signed an agreement to sell document. Additionally, obtaining written confirmation from the builder regarding the demand for an increased rate is crucial. While the specifics of your situation are not entirely clear, it’s essential to note that, according to the law, courts typically disallow rate increases after the stipulated construction completion time has passed.

Question 6: Three years ago, my father paid 5 lakhs for a flat booking. However, the builder is now insisting on 10 lakhs instead of the initially agreed-upon total cost of 6 lakhs. We are not interested in the flat and have requested a refund, but the builder is rejecting our request, citing the total cost of 6 lakhs. (Suresh Gupta)

Answer: It seems that there might have been a default in making the full payment of the agreed-upon six lakhs on time. In such a case, the builder may have the right to cancel your flat booking and potentially deduct the earnest money, as specified in the agreement you may have signed. Alternatively, there could be provisions for you to pay interest on the delayed payment, depending on the terms agreed upon. The specifics will depend on the details outlined in your agreement with the builder.

Question 7: I bought a property from a woman, and neither the property is mortgaged nor is she a guarantor for her husband’s loan from the bank. However, the bank is not allowing the property registration and is demanding that I repay the loan. Can the bank seize my property? (Anil)

Answer: Whether the bank can hold the property due to the non-payment of the loan by the lady’s husband depends on various factors, including the terms of the loan agreement, the involvement of the wife in the matter, the bank’s policies, and the nature of ownership of the property. The type of account (joint account of husband and wife) can also play a role in determining the bank’s actions.

Question 8: Several years after the house registration, the builder is altering the name and number of the building. Could there be any complications in obtaining registration under the new name? (Suresh Sharma)

Answer: The rule stipulates that any alterations in the proposed project require the consent of 2/3 of the home buyers. If this process is duly followed, obtaining registration should not pose any issues, especially with proper approval from the relevant authorities and notification about the proposed changes.

Question 9: I am currently employed, and my recorded date of birth is 1996. I wish to update it to 1998. Can you tell me how to go about it? (Vivek)

Answer: To initiate the change, you must provide a valid reason and supporting evidence. If you possess the original birth certificate, you can proceed by submitting an affidavit along with the original birth certificate, duly attested by a first-class magistrate.

Question 10: My case is currently in the execution stage, and I have two inquiries:
1. I wish to request an additional prayer in the existing order.
2. Can the consumer commission appoint a Local Commissioner for executing the court order? (Chakshu)

Answer: No modifications are permissible in the order during the execution stage. Once the order is pronounced following the entire procedure, it becomes final and must be executed as issued. Consumer commissions possess the authority to appoint a Local Commissioner during proceedings for various purposes such as conducting tasks, inspections, investigations, seeking expert opinions, etc., on behalf of the court. However, for the execution of a court order, specific procedures as outlined in the law must be adhered to. These procedures include execution through the same commission, through the Civil Court, or through the Revenue department.

Question 11: I took part in an auction organized by PNB to purchase a property, emerged as the highest bidder, and paid the entire bid amount. However, later, the registering authority raised an objection, stating that the property was government-owned land and therefore not eligible for sale. After a span of two years, the bank returned the principal amount without any interest. Subsequently, I filed a case before the Consumer Commission, seeking interest. The other party argues that I am not a consumer since the matter pertains to an auction. (Krishan Karan)

Answer: Law and solution

Auction matters are considered direct sales and not services, hence they do not fall under the jurisdiction of the Consumer Commission.
RERA (Real Estate Regulatory Authority) has jurisdiction over commercial matters as well. You may consider approaching RERA, but this would require withdrawing your case from the Consumer Commission.
Another approach is to focus on unfair trade practices rather than deficiency in services. Given that you were misled by the bank regarding the property’s status, you could seek compensation for actual loss and the costs incurred in litigation. Your actual loss includes the interest, which naturally accrues on deposited funds, along with any incidental losses resulting from the misleading information about the property.
Alternatively, you could pursue a civil recovery suit to address the matter.

Question 12: I lodged a consumer complaint, which was accepted on March 11, 2023. During the initial hearing, the opposing party (OP) submitted a Vakalatnama along with a time petition. I seek clarification on the nature of this time petition. Is it a 45-day time petition? And how many times can such petitions be filed? (Nino)

Answer: There is no provision for a time petition to extend the deadline beyond 45 days; it is mandatory to file the Written Statement (WS) within this period. However, if requested, the opposing party (OP) may be granted an additional 15 days after the initial 30 days. Another scenario for a time petition could arise if your complaint was filed more than two years after the cause of action occurred. Since you haven’t provided these details, you should review the timing of your filing. In the event of a delay, you can submit an application for condonation of delay, providing reasons for the delay.

Question 13: The electric bike emits noise when it heats up. Over the past five months, the bike has been opened 12 times for inspection. Despite this, the dealership claims that the diagnostic meter does not register any noise. Although the engine head has been replaced once, the issue persists, and they now propose to open the engine again and replace the lower part.

Can I request a replacement for the bike through legal channels?

Is it possible for the dealership to deny warranty coverage due to extended repair duration and subsequently refuse to address the problem? (Vicky)

Answer:

If the vehicle functions properly after parts are replaced, it will not be subject to replacement. However, if an expert opinion deems it irreparable, the court may deem it a manufacturing defect.
If the initial complaint is raised within the one-year warranty period and the issue persists, the opposing party is obligated to either repair the vehicle or provide appropriate relief.

Question 14: Bought a Wagon on November 17th, 2023, from Hira Motor World in Rajpura, Punjab. On the very first day, the heater button ceased functioning, prompting the service centre to replace it. After four months, an engine noise was detected. Despite the service centre’s proposal to open the engine for inspection, we declined, insisting on a new engine. The car has been at the service centre for 9 days. (Dev)

Answer: The Consumer Commission will request an investigation of the car by an Authorized Service Centre. If the engine is found to be defective, the Commission will mandate its replacement. However, the determination of the issue will require examination by an engineer or expert.

Question 15: Bought a car from Tata Motors in May 2023. Since day one, there has been a persistent noise issue. On November 27th, the car was brought to the service centre, where the noise problem was identified at various pillars and joints. Despite several welding attempts and vigorous repairs within the first 8 months, the issue remains unresolved. The opposing party (OP) refuses to acknowledge any manufacturing defect. (Chitrabhanu Pathak)

Answer: With this background, you can approach the Consumer Commission for resolution. If the court determines that the defects are beyond repair, you are likely to receive relief through the commission.

Question 16: The Tata car abruptly halted, displaying a critical alert on the screen. Despite three attempted repairs, the issue remains unresolved. Currently, the case is pending before the Consumer Commission. Any suggestions? (Vimal)

Answer: The Consumer Commission will seek an expert opinion from an Authorized Service Centre. An engineer will be appointed to provide a detailed report. Subsequently, the Commission will make its decision based on these findings.

Question 17: A customer acquired a Fastag from the National Payments Corporation of India (NPCI) for toll tax, linked with ICICI Bank. However, the highway toll office deducted funds despite the vehicle being parked at the client’s residence. How should a consumer complaint be filed, and who should it be filed against? (Isha)

Answer: You should file a complaint against ICICI Bank for their failure to provide adequate services. You are not required to file an FIR for fraud. The issue concerns ICICI Money, and the National Payments Corporation of India will also be involved to clarify the usage of the tag by someone else and to trace the person or vehicle that used your tag, whether through duplication or other means.

Question 18: I submitted a case to the District Consumer Commission along with an affidavit duly attested by a notary public. However, the commission is now requesting an additional affidavit, which I believe is unnecessary. Can you assist me with the next steps in the proceedings, and what would be the cost for the entire process? (Siva)

Answer: This procedure entails that the initial complaint must be accompanied by an affidavit affirming, under oath, the truthfulness of the allegations stated. This affidavit serves as your first document. Subsequently, the next affidavit functions as your evidence. In the Consumer Commission, direct statements are not recorded in court as evidence. Instead, evidence is presented through affidavits, allowing you to include all relevant statements, proofs, etc., to support your case. These affidavits will be considered as your evidence.

Question 19: I bought a flat in Pune in 2017, but registration has not been completed yet. Initially, our building had provisions for two-wheeler parking only, with no designated spaces for four-wheelers. However, the builder is now converting the two-wheeler parking area into four-wheeler parking, leading to conflicts among residents daily. (Sanjeev)

Answer: You have two main issues here. Regarding the registration not being completed, you have the option to file a complaint before either the Consumer Commission or RERA (Real Estate Regulatory Authority).

Regarding the parking situation, the provisions outlined in your agreement are crucial. If the agreement only specified two-wheeler parking, any change would require the consent of at least two-thirds of the homebuyers, as well as approval from the relevant authority. This matter can also be raised before the Consumer Commission or RERA for resolution.

Question 20: Having paid the entire sum to the builder, they are now requesting an increase in the rate. What course of action should I take? (Pravesh)

Answer: If the construction contract includes a specified time period, any cost escalation during this agreed-upon duration may warrant an adjustment by the builder. However, if the delay is caused by the builder’s fault, the Supreme Court does not support the builder’s request for increased rates. Instead, compensation for the delay is typically awarded. It is not permissible to take advantage of one’s own wrongdoing.