Alert Consumers: Legal Queries and Responses

Question 1: If I intend to file a case against a builder, and the agreement was executed in Lucknow, while I currently reside in Delhi, which Consumer Commission would have jurisdiction over the matter? (Shubhit)

Answer: The new legislation has introduced a provision allowing a complaint to be filed at the location where the consumer either works or resides. It doesn’t depend on the whereabouts of the opposing party’s workplace, offices, or residence.

Subject to the other provisions of this Act, the District Commission shall have jurisdiction to entertain complaints where the value of the goods or services paid as consideration does not exceed one crore rupees, provided that where the Central Government deems it necessary so to do, it may prescribe such other value, as it deems fit.

A complaint shall be instituted in a District Commission within the local limits of-

(a) The opposite party or each of the opposite parties, where there are more than

one, at the time of the institution of the complaint, ordinarily resides or carries on

business or has a branch office or personally works for gain; or

(b) Any of the opposite parties, where there are more than one, at the time of the

institution of the complaint, actually and voluntarily resides, or carries on business or

has a branch office, or personally works for gain, provided that in such case the permission of the District Commission is given; or

(c) The cause of action, wholly or in part, arises; or

(d) The complainant resides or personally works for gain.

Question 2 : The date of birth on my Aadhaar card and my 10th certificate matches, but it is not my actual date of birth. I don’t possess a birth certificate either. How will the new birth registration rules impact my situation?  (Mukleshwar Garnayak, Odisha)

Answer:

New Birth and Death (Amendment) Act is applicable from 1^st 0ctober 2023. Henceforth from 1^st October, birth certificate shall be required for admission in schools, issuance of driving licence, preparation of voter list, Aadhaar number, registration of marriage appointment and Govt jobs. However, those who already have school certificate or adhar cards or licence etc, those will stand valid.

Use of birth certificate: The Bill requires the use of birth and death certificates to prove the date and place of birth for persons born on or after this Bill comes into effect.  The information will be used for purposes including: (i) admission to an educational institution, (ii) preparation of voter lists, (iii) appointment to a government post, and (iv) any other purpose determined by the central government.

Question 3: I was assured admission as an irregular student at Bhuwan College, Rajiv Gandhi Institute in Bengaluru for the 2022-2023 session. However, despite making payments throughout the academic year (2022-2023) in instalments for each term, admission was not granted, and I was not allowed to sit for exams. In total, I paid Rs 1, 79,000. I had come from Chhattisgarh to Bengaluru for a job and couldn’t commit to a regular course. I initially provided Rs 30,000 directly to the college, but afterward, I made further payments to an employee’s account with the college with the assurance of securing admission. (Priyanka, Bengaluru)

Answer: This seems to be a case involving deception and the misappropriation of funds, possibly stemming from the inability to secure admission as an irregular student. You

• Can File FIR for cheating
• Write to the institute about the events took place
• File consumer case making college /institute party stating their employee mislead amounts to deficiency in services

Question 4: Electricity billing for both shops in my residence is consolidated into a single meter. The Department disconnected the power supply and imposed a bill of Rs 34,000.

Answer: You are currently utilizing a residential meter for commercial purposes, which is considered unauthorized use of electricity under Section 126/135 of the Electricity Act 2003. Consequently, penal billing has been applied. To resolve this issue, consider installing separate meters for your shops. You can also request the department for a potential rebate if you commit to complying with the recommended system.

Question 5: The opposing party is failing to adhere to the court’s directive. In the event that the party is incarcerated following the issuance of a Non-Bailable Warrant (NBW), what steps can I take to seek redress? (Venkateshan, Karnataka)

Answer: Punishing the non-compliant party with imprisonment and fines will not diminish your entitlement. The opposing party remains obligated to settle the dues in accordance with the court’s original order, and this obligation cannot be altered even if the opposing party serves their jail sentence.

Question 6: I received an excessively high bill after a 20-month period. I submitted my meter to the department for inspection and received an acknowledgment of the meter being in their possession. However, the opposing party failed to appear in court for two scheduled dates and did not provide a Written Statement (WS) within the allotted 45-day period. Can the court refuse to accept their WS on the next court date? They claim they never received the meter, but I have evidence to the contrary. (Guddu Kumar, Rohtas)

Notice to party-15.7.2023

Hearings -3.7.2023, 11.8.20231.9.2023, 12.9.2023

Answer: Certainly, you can submit a written request to the commission to terminate the opposing party’s defence, allowing your case to proceed, and an order to be issued based on the merits of the case.