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	<title>Accommodation Times &#187; Consumer Act</title>
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		<title>Developer can be fined if delays the process of handing over the possession</title>
		<link>http://www.accommodationtimes.com/legal/developer-can-be-fined-if-delays-the-process-of-handing-over-the-possession/</link>
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		<pubDate>Mon, 02 Aug 2010 08:07:02 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Consumer Act]]></category>
		<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://www.accommodationtimes.com/?p=3557</guid>
		<description><![CDATA[MSCC, The Maharashtra State Consumer Commission,  has recently directed a developer to pay a fine of rupees 20 Lakh at the rate of Rs.2,000 per day for a delay in handing over possession of a shop premises to it’s purchaser.
The bench of three judges disagreed on the pleading by the builder. The builder contended that [...]]]></description>
			<content:encoded><![CDATA[<p>MSCC, The Maharashtra State Consumer Commission,  has recently directed a developer to pay a fine of rupees 20 Lakh at the rate of Rs.2,000 per day for a delay in handing over possession of a shop premises to it’s purchaser.</p>
<p>The bench of three judges disagreed on the pleading by the builder. The builder contended that due to some illegal construction within the shop premises by the shop owner, the Municipal Corporation did not give O.C. He further pleaded  that the building was old and required pile foundation as it was constructed on marshy land.</p>
<p>As per the agreement  made in June, 2005, handing over the possession of the shop was scheduled in October 2005. Due to delay in the schedule, it was given in June, 2007.  The shop  owner claimed damages due to this delay at the rate of Rs. 2000/- per day which was granted by the judges at MSCC.</p>
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		</item>
		<item>
		<title>Complainants of flats in the new consumer set-up</title>
		<link>http://www.accommodationtimes.com/legal/consumer-act/complainants-of-flats-in-the-new-consumer-set-up/</link>
		<comments>http://www.accommodationtimes.com/legal/consumer-act/complainants-of-flats-in-the-new-consumer-set-up/#comments</comments>
		<pubDate>Mon, 24 Aug 2009 11:21:29 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Consumer Act]]></category>

		<guid isPermaLink="false">http://www.accommodationtimes.com/?p=1592</guid>
		<description><![CDATA[“Complainants of flats in the new consumer set-up”
By Anju D. Aggarwal 
Complainant :
The complainants against a builders can be filed under the Consumer Protection Act and for purpose section 2(1)_ (b) of said Act defines complainant follows :-
“Complainant” means –
a consumer : or
any voluntary consumer association registered under the companies Act 1956 or any other [...]]]></description>
			<content:encoded><![CDATA[<p>“Complainants of flats in the new consumer set-up”<br />
By Anju D. Aggarwal </p>
<p>Complainant :<br />
The complainants against a builders can be filed under the Consumer Protection Act and for purpose section 2(1)_ (b) of said Act defines complainant follows :-<br />
“Complainant” means –<br />
a consumer : or<br />
any voluntary consumer association registered under the companies Act 1956 or any other law for time being in force; or<br />
The Central Government any State Government , who or which makes a complaint.;<br />
One or more consumers, where there are numerous consumers having the same interest”;<br />
It may be mentioned here that heirs of a ‘consumer’ are to ‘consumers’ for purposes of Consumer Protection Act. They can sue the opposite party, were the ‘consumer’, who had availed of the services had died, the definition of ‘complainant’ also include any beneficiary.<br />
It will also be relevant to reproduce the definition of ‘complaint’ as given in section 2(1) (c) as the word ‘complaint’ occurs in the definition of ‘complainant’ given above. The definition of complaint after its amendment by Ordinance Number 24 dated 18th June 1993 reads as follows :-<br />
“Complaint” means any allegation in writing made by a complainant that –<br />
“(i) an unfair trade practice or a restrictive trade practice has been adopted by any trader;<br />
(ii) the goods bought by him or agreed to be bought by him suffer from one of more defects :<br />
(iii) the services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any respect.<br />
(vi) a trader has charged for the goods mentioned in the complaint a price in excess of the priced fixed by or under any law for the time being in force or displayed on the goods or any package containing such goods.</p>
<p>goods which will be hazardous to life and safety when used, are being offered for sale to the public in contravention of the provisions of any law for the item being in force requiring trader to display information in regard to the contents, manner and effect of use of such goods.”</p>
<p>Points relevant for filing complaints<br />
While filing a complaint under the Consumer Protection Act, a complainant should atleast keep the following 11 points in view :-<br />
The complaint should have the complainant’s name and address :<br />
The complaint should also contain the name and address of the opposite party / opposite parties :<br />
The facts relating to the complaint how when and where it arose;<br />
Attach documents if any (xerox copies) in support of the allegations;<br />
Mention the relief you are seeking, i.e. whether you want the defect to be removed, the item replaced, the price returned or compensation awarded. The Consumer Protection (Amendment) Ordinance 1993 now gives five further relief’s mentioned below :-<br />
to remove the defects or deficiencies in the services in question :<br />
to discontinue the unfair trade practice or not to repeat them;<br />
not to offer the hazardous goods for sale;<br />
to withdraw the hazardous goods for sale;<br />
to provide for adequate costs for parties.</p>
<p>Mention the total value of the relief claimed, how much is the price of the item ? How much are the charges paid for services rendered to the complainant. How much is the cost of litigation ?<br />
The complaint can be sent in English, Hindi or Marathi. It is better to make the complaint in English if the address of the opposite party/parties falls in another State or Union Territory.<br />
The complaint should be signed by the complainant. In case somebody else has been authorized to complainant, a letter authorizing him to do so should be attached.<br />
Do not make the complaint n a post card or on an inland letter.<br />
Send at least four copies of the complaint and documents. The number of copies should be increased correspondingly in case there is more than one opposite party.<br />
A number of complaints should not be bunched together. For each grievanc4e, a separate and self-contained complaint should be filed.<br />
Notice (i) No court fee is payable for filing the complaint.<br />
(ii) You can yourself represent the case at the time of authorized another person to represent your case.<br />
(iii) You can send the complaint by Regd. A.D. Post.</p>
<p>Contractor<br />
The insertion of the words, ‘housing construction’ in the definition of ‘Service’ under section 2(1) (o) of the Consumer Protection Act, 1986 will, in my view, cover also contractors who build flats, bungalows, houses or buildings for others on payment.</p>
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		</item>
		<item>
		<title>Short Notes on the Consumer Protection Act, 1986</title>
		<link>http://www.accommodationtimes.com/legal/consumer-act/short-notes-on-the-consumer-protection-act-1986/</link>
		<comments>http://www.accommodationtimes.com/legal/consumer-act/short-notes-on-the-consumer-protection-act-1986/#comments</comments>
		<pubDate>Mon, 24 Aug 2009 10:57:45 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Consumer Act]]></category>

		<guid isPermaLink="false">http://www.accommodationtimes.com/?p=1562</guid>
		<description><![CDATA[Article XVII
SHORT  NOTES  ON THE CONSUMER  PROTECTION  ACT, 1986.
BY: SUDHAKAR  DOKHANE
(Past President PEATA (I)
 	This is a Central Govt. Act applicable in all states of India, to provide for the protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and [...]]]></description>
			<content:encoded><![CDATA[<p>Article XVII</p>
<p>SHORT  NOTES  ON THE CONSUMER  PROTECTION  ACT, 1986.</p>
<p>BY: SUDHAKAR  DOKHANE<br />
(Past President PEATA (I)<br />
 	This is a Central Govt. Act applicable in all states of India, to provide for the protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers’ disputes and for matters connected therewith.</p>
<p>  	Definitions: -<br />
 	“Complaint” means any allegation in writing made by a complaint that : -<br />
as a result of any unfair trade practice adopted by any trader, the complainant has suffered loss or damage;<br />
the goods mentioned in the complaint suffer from one or more defects;<br />
the services mentioned in the complaint suffer from deficiency in any respect;<br />
a trader has charged for the goods mentioned in the complaint a price in excess of the price fixed by or under any law for the time being in force or displayed on the goods or any package containing such goods,<br />
with a view to obtaining any relief provided by or under this Act;<br />
“Consumer” means any person who,-<br />
buy any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or<br />
hires any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person;<br />
“Consumer Dispute” means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint;<br />
“Defect” means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by<br />
or under any law for the time being in force or as is claimed by the trader in any manner whatsoever in relation to any goods;</p>
<p>“Deficiency” means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been<br />
undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service;<br />
“District Forum” means a Consumer Disputes Redressal Forum established under Cl. (a) of Sec. 9; of the Act.<br />
(7) 	“National Commission” means the National Consumer Disputes Redressal Commission established under Cl. (c) of Sec. 9;<br />
 	“Person” includes,<br />
a firm whether registered or not;<br />
a Hindu undivided family;<br />
a co-operative society;<br />
every other association of persons whether registered under the Societies Registration Act, 1860 (21 of 1860), or not;<br />
 	“Service” means service of any description which is made available to<br />
potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, entertainment, amusement or the purveying or news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;<br />
“State Commission” means a Consumer Disputes Redressal Commission<br />
established in a State under Cl. (b) of Sec. 9; of the Act.<br />
(11) 	‘Unfair Trade Practice’ means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the purpose of promoting the sale, use or supply of any goods or for the provision of any services, adopts one or more of the following practices and thereby causes loss or injury to the consumers of such goods or services, whether by eliminating or restricting or competition or otherwise, namely,-</p>
<p>	The practice of making any statement, whether orally or in writing or by visible representation which,-<br />
falsely represents that the goods are of a particular standard, quality grade, composition, style or model;<br />
falsely represents, that the goods are of a particular standard, quality or grade;<br />
falsely represents any rebuilt, second-hand, renovated, reconditioned or old goods as new goods;<br />
represents that the goods or services have sponsorship, approval, performance, characteristics, accessories, uses or benefits which such goods or services do not have;<br />
represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have;<br />
makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services;</p>
<p>gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods that is not based on any adequate or proper test thereof:<br />
Provided that where a defense is raised to the effect that such warranty or guarantee is based on adequate or proper test, the burden of proof of such defense shall lie on the person raising such defense;<br />
makes to the public a representation in a form that purports to be<br />
a warranty or guarantee of a product or of any goods or services, or<br />
a promise to replace, maintain or repair an article or any part thereof or to repeal or continue a service until it has achieved a specified result, if such purported warranty or guarantee or promise is materially misleading or if there is not reasonable prospect that such warranty, guarantee or promise will be carried out;<br />
materially misleads the public concerning the price at which a product or like products or goods or services have been, or are, ordinarily sold or provided and, for this purpose, a representation as to price shall be deemed to refer to the price at which the product or goods or services has or have been sold by sellers or provided by supplies generally in the relevant market unless it is clearly specified to be the price at which the product has been sold or services have been provided by the person by whom or on whose behalf the representation is made;<br />
give false or misleading facts disparaging the goods, services or trade of another person.</p>
<p> 	Consumer Disputes Redressal Agencies :</p>
<p>Establishment of Consumer Disputes Redressal Agencies: -<br />
These shall be established for the purposes of this Act, the following agencies namely: -<br />
a Consumer Disputes Redressal Forum to be known as the “District Forum” established by the State Government with the prior approval of the Central Government in each district of the State by notification;<br />
a Consumer Disputes Redressal Commission to be known as the “State Commission” established by the State Government with the prior approval of the Central Government in the State by notification; and<br />
a National Consumer Disputes Redressal Commission established by the Central Government by notification.</p>
<p> 	Jurisdiction of the District Forum : </p>
<p>Subject to the other provisions of this Act, the district forum shall have jurisdiction to entertain complaints where the value of the goods or<br />
services and the compensation, if any, claimed is less than rupees one lakh.</p>
<p>Complaint shall be instituted in a district forum within the local limits of whose jurisdiction, </p>
<p>the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint,<br />
actually and voluntarily resides or carries on business, or personally works for gain, or<br />
any of the opposite parties, where there are more then one, at time of the institution of the complaint, actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the permission of the district forum is given, on the opposite parties who do not reside, or carry on business, or personally works for gain, as the case may be, acquiesce in such institution; or<br />
the cause of action, wholly or in part, arises.<br />
No proceedings complying with the procedure laid down in sub-sections (1) and (2) shall be called in question in any court on the ground that the principles of natural justice have not been complied with.<br />
For purposes of this section, the district forum shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely –<br />
the summoning and enforcing attendance of any defendant or witness and examining the witness on oath;<br />
the discovery and production of any document or other material object producible as evidence;<br />
 the reception of evidence on affidavits;<br />
the requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source;<br />
issuing of any commission for the examination of any witness; and<br />
any other matter which may be prescribed;<br />
Every proceeding before the district forum shall be deemed to be a judicial proceeding within the meaning of Secs. 193 and 228 of the Indian Penal Code (45of 1860), and the district forum shall be deemed to be civil court for the purposes of Sec. 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).</p>
<p>Finding of the District Forum –  (1) If, after the proceeding conducted under Sec. 13, the district forum is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services are approved, it shall issue an order to the opposite party directing him to take one or more of the following things, namely, -</p>
<p>to remove the defect pointed out by the appropriate laboratory from the goods in question;</p>
<p>to replace the goods with new goods of similar description which shall be free from any defect;</p>
<p>to return to the complaint the price, or, as the case may be, the charges paid by the complaint;</p>
<p>to pay such amount as may be awarded by it as compensation the consumer for any loss or injury suffered by the consumer due to negligence of the opposite party.</p>
<p>Appeal: &#8211; </p>
<p>Any person aggrieved by an order made by the district forum may prefer<br />
an appeal against such order to the state commission with in a period of thirty<br />
days from the date of the order, in such form and manner as may be prescribed:<br />
	Provided that the state commission may entertain an appeal after the<br />
expiry of the said period of thirty days if it is satisfied that there was sufficient<br />
cause for not filling it within that period.</p>
<p>COMPLAINT UNDER CONSUMER PROTECTION ACT :</p>
<p>Aggrieved party can lodge his complaint with respective Redressal Forum with following documents and information: -<br />
Application / Complaint with full name &#038; address of the complainant, in regional language of the State. However it should be preferably in english for convenience.<br />
Full name &#038; address of the opponent.<br />
Information about when and where cause of the complaint arose.<br />
Detailed particulars and nature of complaint.<br />
Prayer of reliefs sought including monetary claims, compensations; and its total value.<br />
Certified true copies all relevant documents on which complaint is based and to be attached as Exhibits, with serial number.</p>
<p>Notes:	i)	The complaint with all annextures should be filed with the Forum, in<br />
TRIPLICATE  keeping one copy for your record with One extra full set for each of the opponent/s.<br />
ii)	The complaint can be submitted by hand delivery to the office of the forum. Do not forget to take receipt of acknowledgement on your office copy.<br />
iii)	The complaint can be sent by the Registered Post (A.D.) also.</p>
<p>LIST  OF  CONSUMER  DISPUTE  REDRESSAL  FORUMS :</p>
<p>SR. NO.	FORUM 	FOR  CLAIM  AMOUNT UPTO<br />
	DISTRICT  LEVEL		   </p>
<p>a)	For Island City of Mumbai<br />
      (Colaba to Sion)<br />
      Bombay District Consumer Disputes<br />
      Redressal Forum,</p>
<p>     Madhu Industrial Estate<br />
     1st Floor, Pandurang Budhkar Marg,<br />
     Worli, Mumbai – 400 013	</p>
<p> 	Tel. No. 492 6041.<br />
 	b)	For Suburban Limits (Bandra to Dahisar &#038; Chunabhatti – Kurla to Mulund)</p>
<p>Bombay Suburban District Forum<br />
Consumer Disputes Redressal Forum<br />
Sudarshan Building,<br />
Room No. 1, 2 and 3<br />
Gokhale Road South,<br />
Off Bhavani Shankar Road,<br />
Dadar, Mumbai – 400 028.	</p>
<p> 	Tel. No. 436 1831<br />
 	c)	THANE  DISTRICT</p>
<p>Consumer Disputes Redressal Forum,<br />
The Collector Office Building<br />
1st Floor, Thane, Dist. Thane.</p>
<p> 	Tel. No. 534 5042.<br />
2	STATE  LEVEL<br />
 	FOR  MAHARASHTRA </p>
<p>Maharashtra State Consumer<br />
Disputes Redressal Commission<br />
Old Administrative Staff College,<br />
Room No. 102, Behind Capital Cinema,<br />
Waudby Road, Mumbai – 400 001.	</p>
<p> 	Tel. No. 285 2097.<br />
3	NATIONAL  LEVEL	</p>
<p>	FOR  ALL  INDIA  JURISDICTION</p>
<p>The President<br />
National Consumer Disputes<br />
Redressal Commission,<br />
“A” Wing, 5th Floor,<br />
Janpath Bhavan,<br />
New Delhi – 110 001.	 	 </p>
<p>You can also seek advice, guidance and lodge your complaints with following Consumer Organisations also: -</p>
<p>Consumer Guidance Society of India<br />
(CGSI)<br />
“J” Block, Mahapalika Marg,<br />
Opposite Cama Hospital,<br />
Mumbai 400 001.<br />
 	Tel. No.262 1612<br />
 	Mumbai Grahak Peth Panchayat (MGP)<br />
Grahak Bhavan, (J.V.P.D. Market)<br />
Sant Dhyaneshwar Marg,<br />
Juhu Vile Parle Scheme, Juhu (W),<br />
Mumbai – 400 056.<br />
 	Tel. No. 620 9319.<br />
 	Council For Fair Business Practices<br />
(CFBP)<br />
Great Western Building<br />
130/132, Shahid Bhagat Singh Marg,<br />
Opposite Lion Gate, Fort,<br />
Mumbai – 400 039.<br />
 	Tel. No. 284 4783.</p>
<p>l l l l</p>
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		</item>
		<item>
		<title>CPR – Consumer Protection Report</title>
		<link>http://www.accommodationtimes.com/legal/consumer-act/cpr-%e2%80%93-consumer-protection-report-2/</link>
		<comments>http://www.accommodationtimes.com/legal/consumer-act/cpr-%e2%80%93-consumer-protection-report-2/#comments</comments>
		<pubDate>Wed, 12 Aug 2009 10:32:42 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Consumer Act]]></category>

		<guid isPermaLink="false">http://www.accommodationtimes.com/?p=1284</guid>
		<description><![CDATA[CPR – Consumer Protection Report
By S.R. Agrawal &#038; Anup Kaushal, Advocate
Consumer cannot protest if he had willingly accepted  alternate site. The complainant was allotted an alternate site which he accepted. Complaint was filed claiming damages from the authority. From the records it was clear that the complainant had accepted the second allotment willingly. (S.Kesavulu [...]]]></description>
			<content:encoded><![CDATA[<p>CPR – Consumer Protection Report<br />
By S.R. Agrawal &#038; Anup Kaushal, Advocate</p>
<p>Consumer cannot protest if he had willingly accepted  alternate site. The complainant was allotted an alternate site which he accepted. Complaint was filed claiming damages from the authority. From the records it was clear that the complainant had accepted the second allotment willingly. (S.Kesavulu Naidu v. The Bangalore Development Authority – 1995 (1) CPR 625)<br />
Person who applies for allotment in a scheme is a consumer<br />
The National Commission laid down that the complainant had paid for the cost of the application form as well as the registration fee. A person who applies for allotment of a building site or for a flat constructed by the development authority or enters into an agreement with a builder or a contractor is a potential user and nature of transaction is covered in the expression ‘service of any description’. (Tamale Nada Housing Board v. A.V. Ramkrishnan – 1995 (1) CPR 523)<br />
Purchaser is not a consumer<br />
The transaction of the plot was not one of the allotment as part of the scheme for providing housing facility to the public, but one of the outright sale of immovable property in an auction. Complaint dismissed as not maintainable. (Geeta Gupta v. Delhi Development Authority – 1995 (1) CPR 118)<br />
Communication sent at wrong address is deficiency<br />
The respondent stated that the allotment was cancelled due to default and failure to take possession as intimated by them. The complainant was awarded Rs 30,000/- as compensation besides refund of the total amounts paid by the complainant with interest  @ 18% p.a. from the date of the respective deposits and costs. (S.K. Singhal v. Vice Chairman, Ghaziabad Development Authority – 1995 (1) CPR 402)<br />
Concealment of relevant information makes the allottee liable for cancellation<br />
The application for voluntary retirement of complainant was disallowed but the complainant did not tell this fact to DDA and accordingly a flat was allocated to him under the retired persons quota and he paid the installments as required. As the complainant could not furnish retirement certificate allotment was cancelled. The complaint was dismissed on this ground itself. (K.C.Jain v. Delhi Development Authority – 1995 (1) CPR 138)<br />
Delay in delivery of possession is deficiency<br />
(Priyadarshansheel v. Secretary, Rajasthan Housing Board – 1995 (1) CPR 61) in which case it was held that the Board was negligent in taking up such a project and then not informing the complainant about the stay order from the High Court but all the time accepting the installments towards the finance of the flat. The complainant was awarded refund with 18% interest on the deposits made by him from the date of respective deposits till realisation thereof. (Lucknow Development Authority v. Manorama Sachan – 1995 (1) CPR 231)<br />
(Delhi Development Authority v. N. Anand Rao – 1995 (1) CPR 119) (Rajasthan Housing Board v. Narendra Singh Choudhary – 1995 (1) CPR 475) in which case the respondent was using it as its Goodman. Compensation of Rs. 50,000/- was granted for six years of delay.<br />
(Delhi Development Authority v. S. Bhattacharya – 1995 (1) CPR 139)<br />
(Rajasthan Housing Board v. Basant Kaur – 1995 (1) CPR 144) (Indore Development Authority v. Smt. Sindhu Sudhakar Mendke – 1995 (1) CPR 679) The authority will not be entitled to recover the surcharge on additional premium and the lease money as it delayed delivery of possession even after the flat was completed. (R.V.Venkataswamiah v. The Commissioner, Mysore Urban Development Authority – 1995 (1) CPR 296)<br />
(Lucknow Development Authority v. Shiv Baran Singh – 1995 (1) CPR 664) (M/s. Aradhna Steels v. M/s. Regency Industries Ltd., &#8211; 1995 (1) CPR 140)<br />
(Saeed Mustafa Shervani v. M/s. Regency  Industries Ltd., &#8211; 1995 (1) CPR 141)<br />
(Mrs. Asha Kumar v. M/s. Skipper Builders Pvt.Ltd. – 1995 (1) CPR 257)<br />
(Skipper Bhavan (22 Barakhamba Roads Flat Buyers Association) v. M/s. Skipper Sales (Pvt.) Ltd. – 1995 (1) CPR 784)<br />
Deliberate delay to force the allottees to pay more is deficiency (Sanjay Nagar Residents Welfare Association v. The Vice Chairman, Ghaziabad Development authority  &#8211; 1995  (1) CPR 7632) (General Consumer Protection and welfare Association  v. Ghaziabad Development Authority – 1995 (1) CPR 643)<br />
- Existence of defects in construction at the time of delivery is deficiency (Goparaju Vidyasagar v. Duggirala Sushila – 1995 (1) CPR 49)<br />
- (Mrs. Gowramma v. Bangalore Development Authority – 1995 (1) CPR 181)<br />
- (M/s. Orange City Builders P.Ltd. v. Sanjay Bhaskar Gawai – 1995 (1) CPR 670)<br />
- (Pushpa Pathania v. Rajasthan Housing Board – 1995 (1) CPR 239)<br />
- Failure to deliver possession for want of statutory permission is deficiency (Shant H. Chipalkatti vs. VGP Housing (P) Ltd., -1995 (1) CPR 3)<br />
- (Dr. Atul Verma v. Gwalior Vikas – 1995 (1) CPR 75)<br />
- (M/s. Vijay Jyoti  Housing   Pvt.Ltd. v. Rajinder Pal Singh Lamba  &#8211; 1995 (1) CPR 91)<br />
- Payment of installments is co-extensive with the progress of construction (Kanwal Khanna v. Ansal Properties &#038; Industries (P) Ltd. 1995 (1) CPR 93)<br />
Employee in service occupation is a consumer<br />
State of Rajasthan while allotting various categories of houses to its employees does render service for consideration and any person who hires or avails of this service for consideration is a consumer.(Executive Engineer, PWD vs. Gopal Das – 1995 (1) CPR 20)<br />
Charging for excessive super area is deficiency<br />
The words ‘approximate’ referred in the agreement could only mean a difference of  a few feet and not 25 to 30% of the agreed area as super area. This arrangement by the builder is an unfair trade practice. (Dr. Raghubir Singh Jain v. Ansal Housing &#038; Construction Ltd., &#8211; 1995 (1) CPR 98)<br />
(Suresh Kumar Malani v. Pearl Developers P.Ltd. – 1995 (1) CPR 408)<br />
(P.Ramakrishnan v. M/s. Mahalaksmi Land &#038; finance Co. (P) Ltd. – 1995 (1) CPR 100)<br />
(Harcharan Singh v. Bhanot Properties  &#8211; 1995 (1) CPR 130) </p>
<p>Consumer cannot claim the parking area he had already given up<br />
Complainant failed to produce the approval plan of construction to show that in the matter of parking spaces the respondent had committed any deficiency in service. (Srichand K.Bajaj v. S.M.N. Consumer Protection Council – 1995 (1) CPR 769) </p>
<p>Giving lesser area than that which is stipulated in the agreement is deficiency<br />
Held, there is shortcoming in the manner of performance which was required from the Board in pursuance of the contract between the parties. (M.P. Housing Board v. Dr. Suresh Sharma – 1995 (1) CPR 84)<br />
(Sarika Griha Nirman Samiti., Gwalior v. Akhlesh Dixit – 1995 (1) CPR 156) </p>
<p>Failure to execute sale deed is negligence<br />
Directions were issued to transfer  and execute the sale deed in respect of the complainant’s 1/35th undivided share in the composite property besides Rs. 1500/- as costs . (P.R. Mansukhani v. M/s. Comfort Homes  &#8211; 1995 91) CPR 803) </p>
<p>Negligence must be proved to claim compensation (Rajni Bhatnagar v. Gwalior Development Authority – 1995 (1) CPR 759) </p>
<p>Additional demand has to be explained<br />
The Board had no justification to raise the further demand. Admittedly the cash down was paid in instalments as and when the housing building advance was released to the complainant. Therefore the imposition of penalty was not questionable. The Board was further directed to register a conveyance deed in favour of the complainant on receipt of the requisite stamp duty Rs. 5000/- was granted as compensation (Satish Popali v. Executive Engineer, Housing Board – 1995 (1) CPR 569) </p>
<p>Customer has to pay floor-wise price fixed by the authority (P.N.Bhargava v. DDA – 1995 (1) CPR 132) </p>
<p>Interest cannot be imposed arbitrarily<br />
As regards interest the respondent could not establish under what provision it had imposed interest. The interest so paid was directed to be refunded with interest @12% p.a. from the date of the deposit till payment thereof (Harbans Lal Malhotra v. Vice Chairman, Delhi Development Authority – 1995 (1) CPR 108) (Wg. Cdr. Anil Roy v. Chairman, Bangalore Development Authority – 1995 (1) CPR 299)<br />
(Naresh Chand Jain v. State of Delhi – 1995 (1) CPR 113) The complainant did not deposit the instalment on time on the ground that the flat allotted to him was not in the area he had opted for. The registration was cancelled. Complaint was dismissed as the flat could not be restored to the complainant.<br />
Pricing of flats cannot be adjudicated by consumer forums<br />
Under the Consumer Protection Act the pricing policy cannot be challenged after the allottee has taken possession of the house. The question of pricing of the flat by Housing Authority or Board is not a consumer dispute. If any amount is illegally charged by the Housing Authority or Board Forum for the consumer is to recover it from the Housing Board through a Civil Court. (Housing Board, Harlan v. Karat Singh – 1995 (1) CPR 269) </p>
<p>Provisional allotment does not envisage final cost<br />
After issuance of the provisional allotment letter the complainant was able to raise housing loan which was paid to the Board on 27.3.1989. Allotment cum possession letter was issued on 20.4.1989. Thus the complainant was bound to pay the premium of the land and the cost of construction as worked out on the date of allotment dated 20.4.1989. (Babu Lal Gupta vs. Rajasthan Housing Board – 1995 (1) CPR 12)<br />
Board is liable to give the same rate of interest which it charges from its defaulters (Niranjan Kumar Dosi v. Rajasthan Housing Board – 1995 (1) CPR 472)<br />
Board is not liable if refund is made within time (Haryana Urban Development Authority v. Kailash Devi – 1995 (1) CPR 840)<br />
Customer is to be compensated if his file is misplaced (Rajasthan Housing Board v. Shakuntala Vajpayee – 1995 (1) CPR 122)<br />
Delay inspite of order form the High Court is deficiency (The Spartaeous Co-operative Group Housing Society Limited v. Delhi Development Authority – 1995 (1) CPR 325)<br />
Inaction by the consumer himself is not deficiency on the part of the authority (Ghaziabad Development Authority v. Vinod Kumar Bansal – 1995 (1) CPR 241)<br />
Promoter is liable to refund the amount with interest<br />
The construction project could not be launched and the respondent failed to repay the deposits. The promoter was directed to refund the amount of deposits with interest @ 18% p.a. from the rate of the respective deposits and costs Rs. 1000/-. (Public Sector Employees Welfare &#038; Society – 1995 (1) CPR 473)<br />
(Mrs.  Rajam Subramanian v. REG Constructions – 1995 (1) CPR 757) Madras State Commission awarded 24% on the deposits besides compensation of Rs. 50,000/- and costs Rs. 2,000/-. </p>
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		<title>Consumer Protection Act filing an appeal</title>
		<link>http://www.accommodationtimes.com/legal/consumer-act/consumer-protection-act-filing-an-appeal/</link>
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		<pubDate>Thu, 06 Aug 2009 11:12:37 +0000</pubDate>
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				<category><![CDATA[Consumer Act]]></category>

		<guid isPermaLink="false">http://www.accommodationtimes.com/?p=1037</guid>
		<description><![CDATA[Guidelines to filing an appeal, under the Consumer Protection Act, 1986
By Advocate Anju D. Aggarwal
So far the Government has not prescribed any statutory form in which an appeal is to be filed under the Consumer Protection Act, (CPA) 1986. However, it is necessary to keep the following points in view while drafting an appeal.
Other relevant [...]]]></description>
			<content:encoded><![CDATA[<p>Guidelines to filing an appeal, under the Consumer Protection Act, 1986<br />
By Advocate Anju D. Aggarwal</p>
<p>So far the Government has not prescribed any statutory form in which an appeal is to be filed under the Consumer Protection Act, (CPA) 1986. However, it is necessary to keep the following points in view while drafting an appeal.<br />
Other relevant information such as the full name and complete address of the appellant and the respondent should also be included.<br />
An appeal ca be preferred against the order of the district forum to the state commission; from the sate commission to he national commission and from the national commission to the Supreme Court.<br />
The CPA mentions that the appeals should be filed within 30 days of the date of the order. In my view, the correct interpretation of this is within 30 days of the communication of the order because several days may pass between the passing of the order and the actual receipt.<br />
For every order to be effective, it has to be communicated. The date on which the order of the district forum / state commission / national commission has been communicated should be noted by the person who receives it.<br />
An appeal may be entertained after the expiry of the said period of 30 days if the appellant shows that there was sufficient cause for the delay in the filing of he appeal. In such cases, an application for the condonation of delay must be made along with the appeal and supported by an affidavit setting out adequate reasons for the delay and accompanied by necessary evidence.<br />
If the applicant has to pay any compensation as per the order of the District Forum, then the State Commission will entertain the appeal only if the appellant deposits 50 percent of that amount or Rs. 25,000/- whichever is less with it.</p>
<p>If a person wants to appeal against the order of the State Commission to the National Commission and he is the party who has to pay the compensation, then the appellant will have to deposit 50 percent of the amount or Rs. 35,000/-, whichever is less with the National Commission.<br />
If the appellant wants to appeal against the order of the National Commission to the Supreme Court of India and he is the party who had to pay compensation as per the National Commission’s order, then his appeal will be entertained by the Supreme Court only if he deposits in the prescribed manner 50 percent of that amount or Rs. 50,000/-, whichever is less.<br />
The appellant must enclose the original copy of the order against which an appeal is made along with the main set of the appeal. In the additional copies of the appeal. The petition of appeal should also be accompanied by such other documents which an appellant would require to support his grounds of objection mentioned in the appeal.<br />
While filing an appeal, a memorandum of grounds has to be set out. The appeal petition should be presented in a paper-book form typed on one side of the paper with double spacing. The grounds of appeal should be set forth concisely under distinct heads which should be numbered consecutively. Give an index of the documents attached to the petition on the first page and paging should be done to all papers filed.<br />
The appeal can be sent in English, Hindi or in the regional language of the State. However, if the appeal is made to the National Commission or to the Supreme Court, then it is better to make it in English. Also, if the address of the opposite party falls in another state of union territory, then it is better to make the appeal in English.<br />
The appeal should be signed by the appellant. In case somebody else has been authorised to appeal on the behalf of the appellant, then he shall enclose the authority of the appeal in this behalf. The person having an authority in this behalf may sign it and indicate the reasons as to why the appellant himself is not able to sign the appeal. As for example when the appellant is out of India.<br />
Send four sets of the appeal petition and the accompanying papers when making an appeal to the State commission; six sets of the appeal papers including the additional documents when appealing to the National Commission and seven sets of the appeal papers along with the documents if the appeal is to be filed in the Supreme Court. The number of copies should be increased correspondingly in case there is more than one opposite party.<br />
Is there any stipulated period within which an appeal should be decided under the CPA? The CPA does not stipulate a time limit for the disposal of an appeal by a consumer court. However, the rules framed under the CPA mention the time within which an appeal should be decided. Rules framed by different State Governments lay down different time limits it is generally 90 days from he date of the first hearing.<br />
Note :- (i) No court fee is payable for filing an appeal in the State Commission or the National Commission. However, while filing an appeal from the National Commission to the Supreme Court, there is a court fee of Rs. 250/-.<br />
(ii) Appeal papers can be sent by Registered A.D. Post.<br />
(iii) One can oneself represent the case at the time of haring or if he so chooses he can authorize another person either an advocate or any other person by giving such a person the necessary authority.<br />
(iv) In maters where the jurisdiction is not properly exercised by the District Forum or the State Commission or in the event of one not being able to file an appeal within the limitation period or with a request for condonation of delay, then one can file a revision petition under the CPA against the order of the District Forum to the State Commission to the National Commission. There is not limitation period for filing a revision petition under the CPA but it appears that such a revision petition can be filed within 90 days.</p>
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		<title>CPR – Consumer Protection Reporter</title>
		<link>http://www.accommodationtimes.com/legal/consumer-act/cpr-%e2%80%93-consumer-protection-reporter/</link>
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		<pubDate>Thu, 30 Jul 2009 22:17:38 +0000</pubDate>
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				<category><![CDATA[Consumer Act]]></category>

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		<description><![CDATA[By S.R Agrawal &#038; Anup Kaushal, Advocate
Posted on 04 Feb 2000
Consumer cannot protest if he had willingly accepted alternate site. The complainant was allotted an alternate site which he accepted. Complaint was filed claiming damages from the authority. From the records it was clear that the complainant had accepted the second allotment willingly. (S.Kesavulu Naidu [...]]]></description>
			<content:encoded><![CDATA[<p>By S.R Agrawal &#038; Anup Kaushal, Advocate</p>
<p>Posted on 04 Feb 2000</p>
<p>Consumer cannot protest if he had willingly accepted alternate site. The complainant was allotted an alternate site which he accepted. Complaint was filed claiming damages from the authority. From the records it was clear that the complainant had accepted the second allotment willingly. (S.Kesavulu Naidu v. The Bangalore Development Authority – 1995 (1) CPR 625)<br />
Person who applies for allotment in a scheme is a consumer<br />
The National Commission laid down that the complainant had paid for the cost of the application form as well as the registration fee. A person who applies for allotment of a building site or for a flat constructed by the development authority or enters into an agreement with a builder or a contractor is a potential user and nature of transaction is covered in the expression ‘service of any description’. (Tamale Nada Housing Board v. A.V. Ramkrishnan – 1995 (1) CPR 523)<br />
Purchaser is not a consumer<br />
The transaction of the plot was not one of the allotment as part of the scheme for providing housing facility to the public, but one of the outright sale of immovable property in an auction. Complaint dismissed as not maintainable. (Geeta Gupta v. Delhi Development Authority – 1995 (1) CPR 118)<br />
Communication sent at wrong address is deficiency<br />
The respondent stated that the allotment was cancelled due to default and failure to take possession as intimated by them. The complainant was awarded Rs 30,000/- as compensation besides refund of the total amounts paid by the complainant with interest @ 18% p.a. from the date of the respective deposits and costs. (S.K. Singhal v. Vice Chairman, Ghaziabad Development Authority – 1995 (1) CPR 402)<br />
Concealment of relevant information makes the allottee liable for cancellation<br />
The application for voluntary retirement of complainant was disallowed but the complainant did not tell this fact to DDA and accordingly a flat was allocated to him under the retired persons quota and he paid the installments as required. As the complainant could not furnish retirement certificate allotment was cancelled. The complaint was dismissed on this ground itself. (K.C.Jain v. Delhi Development Authority – 1995 (1) CPR 138)</p>
<p>Delay in delivery of possession is deficiency<br />
(Priyadarshansheel v. Secretary, Rajasthan Housing Board – 1995 (1) CPR 61) in which case it was held that the Board was negligent in taking up such a project and then not informing the complainant about the stay order from the High Court but all the time accepting the installments towards the finance of the flat. The complainant was awarded refund with 18% interest on the deposits made by him from the date of respective deposits till realisation thereof. (Lucknow Development Authority v. Manorama Sachan – 1995 (1) CPR 231)<br />
(Delhi Development Authority v. N. Anand Rao – 1995 (1) CPR 119) (Rajasthan Housing Board v. Narendra Singh Choudhary – 1995 (1) CPR 475) in which case the respondent was using it as its Goodman. Compensation of Rs. 50,000/- was granted for six years of delay.<br />
(Delhi Development Authority v. S. Bhattacharya – 1995 (1) CPR 139)<br />
(Rajasthan Housing Board v. Basant Kaur – 1995 (1) CPR 144) (Indore Development Authority v. Smt. Sindhu Sudhakar Mendke – 1995 (1) CPR 679) The authority will not be entitled to recover the surcharge on additional premium and the lease money as it delayed delivery of possession even after the flat was completed. (R.V.Venkataswamiah v. The Commissioner, Mysore Urban Development Authority – 1995 (1) CPR 296)<br />
(Lucknow Development Authority v. Shiv Baran Singh – 1995 (1) CPR 664) (M/s. Aradhna Steels v. M/s. Regency Industries Ltd., &#8211; 1995 (1) CPR 140)<br />
(Saeed Mustafa Shervani v. M/s. Regency Industries Ltd., &#8211; 1995 (1) CPR 141)<br />
(Mrs. Asha Kumar v. M/s. Skipper Builders Pvt.Ltd. – 1995 (1) CPR 257)<br />
(Skipper Bhavan (22 Barakhamba Roads Flat Buyers Association) v. M/s. Skipper Sales (Pvt.) Ltd. – 1995 (1) CPR 784)<br />
Deliberate delay to force the allottees to pay more is deficiency (Sanjay Nagar Residents Welfare Association v. The Vice Chairman, Ghaziabad Development authority &#8211; 1995 (1) CPR 7632) (General Consumer Protection and welfare Association v. Ghaziabad Development Authority – 1995 (1) CPR 643)<br />
- Existence of defects in construction at the time of delivery is deficiency (Goparaju Vidyasagar v. Duggirala Sushila – 1995 (1) CPR 49)<br />
- (Mrs. Gowramma v. Bangalore Development Authority – 1995 (1) CPR 181)<br />
- (M/s. Orange City Builders P.Ltd. v. Sanjay Bhaskar Gawai – 1995 (1) CPR 670)<br />
- (Pushpa Pathania v. Rajasthan Housing Board – 1995 (1) CPR 239)<br />
- Failure to deliver possession for want of statutory permission is deficiency (Shant H. Chipalkatti vs. VGP Housing (P) Ltd., -1995 (1) CPR 3)<br />
- (Dr. Atul Verma v. Gwalior Vikas – 1995 (1) CPR 75)<br />
- (M/s. Vijay Jyoti Housing Pvt.Ltd. v. Rajinder Pal Singh Lamba &#8211; 1995 (1) CPR 91)<br />
- Payment of installments is co-extensive with the progress of construction (Kanwal Khanna v. Ansal Properties &#038; Industries (P) Ltd. 1995 (1) CPR 93)<br />
Employee in service occupation is a consumer<br />
State of Rajasthan while allotting various categories of houses to its employees does render service for consideration and any person who hires or avails of this service for consideration is a consumer.(Executive Engineer, PWD vs. Gopal Das – 1995 (1) CPR 20)</p>
<p>Charging for excessive super area is deficiency<br />
The words ‘approximate’ referred in the agreement could only mean a difference of a few feet and not 25 to 30% of the agreed area as super area. This arrangement by the builder is an unfair trade practice. (Dr. Raghubir Singh Jain v. Ansal Housing &#038; Construction Ltd., &#8211; 1995 (1) CPR 98)<br />
(Suresh Kumar Malani v. Pearl Developers P.Ltd. – 1995 (1) CPR 408)<br />
(P.Ramakrishnan v. M/s. Mahalaksmi Land &#038; finance Co. (P) Ltd. – 1995 (1) CPR 100)<br />
(Harcharan Singh v. Bhanot Properties &#8211; 1995 (1) CPR 130)</p>
<p>Consumer cannot claim the parking area he had already given up<br />
Complainant failed to produce the approval plan of construction to show that in the matter of parking spaces the respondent had committed any deficiency in service. (Srichand K.Bajaj v. S.M.N. Consumer Protection Council – 1995 (1) CPR 769)</p>
<p>Giving lesser area than that which is stipulated in the agreement is deficiency<br />
Held, there is shortcoming in the manner of performance which was required from the Board in pursuance of the contract between the parties. (M.P. Housing Board v. Dr. Suresh Sharma – 1995 (1) CPR 84)<br />
(Sarika Griha Nirman Samiti., Gwalior v. Akhlesh Dixit – 1995 (1) CPR 156)</p>
<p>Failure to execute sale deed is negligence<br />
Directions were issued to transfer and execute the sale deed in respect of the complainant’s 1/35th undivided share in the composite property besides Rs. 1500/- as costs . (P.R. Mansukhani v. M/s. Comfort Homes &#8211; 1995 91) CPR 803)</p>
<p>Negligence must be proved to claim compensation (Rajni Bhatnagar v. Gwalior Development Authority – 1995 (1) CPR 759)</p>
<p>Additional demand has to be explained<br />
The Board had no justification to raise the further demand. Admittedly the cash down was paid in instalments as and when the housing building advance was released to the complainant. Therefore the imposition of penalty was not questionable. The Board was further directed to register a conveyance deed in favour of the complainant on receipt of the requisite stamp duty Rs. 5000/- was granted as compensation (Satish Popali v. Executive Engineer, Housing Board – 1995 (1) CPR 569)<br />
Customer has to pay floor-wise price fixed by the authority (P.N.Bhargava v. DDA – 1995 (1) CPR 132)</p>
<p>Interest cannot be imposed arbitrarily<br />
As regards interest the respondent could not establish under what provision it had imposed interest. The interest so paid was directed to be refunded with interest @12% p.a. from the date of the deposit till payment thereof (Harbans Lal Malhotra v. Vice Chairman, Delhi Development Authority – 1995 (1) CPR 108) (Wg. Cdr. Anil Roy v. Chairman, Bangalore Development Authority – 1995 (1) CPR 299)<br />
(Naresh Chand Jain v. State of Delhi – 1995 (1) CPR 113) The complainant did not deposit the instalment on time on the ground that the flat allotted to him was not in the area he had opted for. The registration was cancelled. Complaint was dismissed as the flat could not be restored to the complainant.<br />
Pricing of flats cannot be adjudicated by consumer forums<br />
Under the Consumer Protection Act the pricing policy cannot be challenged after the allottee has taken possession of the house. The question of pricing of the flat by Housing Authority or Board is not a consumer dispute. If any amount is illegally charged by the Housing Authority or Board Forum for the consumer is to recover it from the Housing Board through a Civil Court. (Housing Board, Harlan v. Karat Singh – 1995 (1) CPR 269)</p>
<p>Provisional allotment does not envisage final cost<br />
After issuance of the provisional allotment letter the complainant was able to raise housing loan which was paid to the Board on 27.3.1989. Allotment cum possession letter was issued on 20.4.1989. Thus the complainant was bound to pay the premium of the land and the cost of construction as worked out on the date of allotment dated 20.4.1989. (Babu Lal Gupta vs. Rajasthan Housing Board – 1995 (1) CPR 12)<br />
Board is liable to give the same rate of interest which it charges from its defaulters (Niranjan Kumar Dosi v. Rajasthan Housing Board – 1995 (1) CPR 472)<br />
Board is not liable if refund is made within time (Haryana Urban Development Authority v. Kailash Devi – 1995 (1) CPR 840)<br />
Customer is to be compensated if his file is misplaced (Rajasthan Housing Board v. Shakuntala Vajpayee – 1995 (1) CPR 122)<br />
Delay inspite of order form the High Court is deficiency (The Spartaeous Co-operative Group Housing Society Limited v. Delhi Development Authority – 1995 (1) CPR 325)<br />
Inaction by the consumer himself is not deficiency on the part of the authority (Ghaziabad Development Authority v. Vinod Kumar Bansal – 1995 (1) CPR 241)<br />
Promoter is liable to refund the amount with interest<br />
The construction project could not be launched and the respondent failed to repay the deposits. The promoter was directed to refund the amount of deposits with interest @ 18% p.a. from the rate of the respective deposits and costs Rs. 1000/-. (Public Sector Employees Welfare &#038; Society – 1995 (1) CPR 473)<br />
(Mrs. Rajam Subramanian v. REG Constructions – 1995 (1) CPR 757) Madras State Commission awarded 24% on the deposits besides compensation of Rs. 50,000/- and costs Rs. 2,000/-.</p>
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		<title>Article XVII: SHORT NOTES ON THE CONSUMER PROTECTION ACT, 1986</title>
		<link>http://www.accommodationtimes.com/legal/consumer-act/article-xvii-short-notes-on-the-consumer-protection-act-1986/</link>
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		<pubDate>Thu, 30 Jul 2009 22:16:01 +0000</pubDate>
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		<description><![CDATA[Article XVII
SHORT NOTES ON THE CONSUMER PROTECTION ACT, 1986.
Posted on 10th July 2003
BY: SUDHAKAR DOKHANE
(Past President PEATA (I)
This is a Central Govt. Act applicable in all states of India, to provide for the protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities [...]]]></description>
			<content:encoded><![CDATA[<p>Article XVII<br />
SHORT NOTES ON THE CONSUMER PROTECTION ACT, 1986.<br />
Posted on 10th July 2003</p>
<p>BY: SUDHAKAR DOKHANE<br />
(Past President PEATA (I)<br />
This is a Central Govt. Act applicable in all states of India, to provide for the protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers’ disputes and for matters connected therewith.</p>
<p>Definitions: &#8211;<br />
“Complaint” means any allegation in writing made by a complaint that : -<br />
as a result of any unfair trade practice adopted by any trader, the complainant has suffered loss or damage;<br />
the goods mentioned in the complaint suffer from one or more defects;<br />
the services mentioned in the complaint suffer from deficiency in any respect;<br />
a trader has charged for the goods mentioned in the complaint a price in excess of the price fixed by or under any law for the time being in force or displayed on the goods or any package containing such goods,<br />
with a view to obtaining any relief provided by or under this Act;<br />
“Consumer” means any person who,-<br />
buy any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or<br />
hires any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person;<br />
“Consumer Dispute” means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint;<br />
“Defect” means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by<br />
or under any law for the time being in force or as is claimed by the trader in any manner whatsoever in relation to any goods;</p>
<p>“Deficiency” means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been<br />
undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service;<br />
“District Forum” means a Consumer Disputes Redressal Forum established under Cl. (a) of Sec. 9; of the Act.<br />
(7) “National Commission” means the National Consumer Disputes Redressal Commission established under Cl. (c) of Sec. 9;<br />
“Person” includes,<br />
a firm whether registered or not;<br />
a Hindu undivided family;<br />
a co-operative society;<br />
every other association of persons whether registered under the Societies Registration Act, 1860 (21 of 1860), or not;<br />
“Service” means service of any description which is made available to<br />
potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, entertainment, amusement or the purveying or news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;<br />
“State Commission” means a Consumer Disputes Redressal Commission<br />
established in a State under Cl. (b) of Sec. 9; of the Act.<br />
(11) ‘Unfair Trade Practice’ means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the purpose of promoting the sale, use or supply of any goods or for the provision of any services, adopts one or more of the following practices and thereby causes loss or injury to the consumers of such goods or services, whether by eliminating or restricting or competition or otherwise, namely,-</p>
<p>The practice of making any statement, whether orally or in writing or by visible representation which,-<br />
falsely represents that the goods are of a particular standard, quality grade, composition, style or model;<br />
falsely represents, that the goods are of a particular standard, quality or grade;<br />
falsely represents any rebuilt, second-hand, renovated, reconditioned or old goods as new goods;<br />
represents that the goods or services have sponsorship, approval, performance, characteristics, accessories, uses or benefits which such goods or services do not have;<br />
represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have;<br />
makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services;</p>
<p>gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods that is not based on any adequate or proper test thereof:<br />
Provided that where a defense is raised to the effect that such warranty or guarantee is based on adequate or proper test, the burden of proof of such defense shall lie on the person raising such defense;<br />
makes to the public a representation in a form that purports to be<br />
a warranty or guarantee of a product or of any goods or services, or<br />
a promise to replace, maintain or repair an article or any part thereof or to repeal or continue a service until it has achieved a specified result, if such purported warranty or guarantee or promise is materially misleading or if there is not reasonable prospect that such warranty, guarantee or promise will be carried out;<br />
materially misleads the public concerning the price at which a product or like products or goods or services have been, or are, ordinarily sold or provided and, for this purpose, a representation as to price shall be deemed to refer to the price at which the product or goods or services has or have been sold by sellers or provided by supplies generally in the relevant market unless it is clearly specified to be the price at which the product has been sold or services have been provided by the person by whom or on whose behalf the representation is made;<br />
give false or misleading facts disparaging the goods, services or trade of another person.</p>
<p>Consumer Disputes Redressal Agencies :</p>
<p>Establishment of Consumer Disputes Redressal Agencies: -<br />
These shall be established for the purposes of this Act, the following agencies namely: -<br />
a Consumer Disputes Redressal Forum to be known as the “District Forum” established by the State Government with the prior approval of the Central Government in each district of the State by notification;<br />
a Consumer Disputes Redressal Commission to be known as the “State Commission” established by the State Government with the prior approval of the Central Government in the State by notification; and<br />
a National Consumer Disputes Redressal Commission established by the Central Government by notification.</p>
<p>Jurisdiction of the District Forum : </p>
<p>Subject to the other provisions of this Act, the district forum shall have jurisdiction to entertain complaints where the value of the goods or<br />
services and the compensation, if any, claimed is less than rupees one lakh.</p>
<p>Complaint shall be instituted in a district forum within the local limits of whose jurisdiction, </p>
<p>the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint,<br />
actually and voluntarily resides or carries on business, or personally works for gain, or<br />
any of the opposite parties, where there are more then one, at time of the institution of the complaint, actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the permission of the district forum is given, on the opposite parties who do not reside, or carry on business, or personally works for gain, as the case may be, acquiesce in such institution; or<br />
the cause of action, wholly or in part, arises.<br />
No proceedings complying with the procedure laid down in sub-sections (1) and (2) shall be called in question in any court on the ground that the principles of natural justice have not been complied with.<br />
For purposes of this section, the district forum shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely –<br />
the summoning and enforcing attendance of any defendant or witness and examining the witness on oath;<br />
the discovery and production of any document or other material object producible as evidence;<br />
the reception of evidence on affidavits;<br />
the requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source;<br />
issuing of any commission for the examination of any witness; and<br />
any other matter which may be prescribed;<br />
Every proceeding before the district forum shall be deemed to be a judicial proceeding within the meaning of Secs. 193 and 228 of the Indian Penal Code (45of 1860), and the district forum shall be deemed to be civil court for the purposes of Sec. 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).</p>
<p>Finding of the District Forum – (1) If, after the proceeding conducted under Sec. 13, the district forum is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services are approved, it shall issue an order to the opposite party directing him to take one or more of the following things, namely, -</p>
<p>to remove the defect pointed out by the appropriate laboratory from the goods in question;</p>
<p>to replace the goods with new goods of similar description which shall be free from any defect;</p>
<p>to return to the complaint the price, or, as the case may be, the charges paid by the complaint;</p>
<p>to pay such amount as may be awarded by it as compensation the consumer for any loss or injury suffered by the consumer due to negligence of the opposite party.</p>
<p>Appeal: &#8211; </p>
<p>Any person aggrieved by an order made by the district forum may prefer<br />
an appeal against such order to the state commission with in a period of thirty<br />
days from the date of the order, in such form and manner as may be prescribed:<br />
Provided that the state commission may entertain an appeal after the<br />
expiry of the said period of thirty days if it is satisfied that there was sufficient<br />
cause for not filling it within that period.</p>
<p>COMPLAINT UNDER CONSUMER PROTECTION ACT :</p>
<p>Aggrieved party can lodge his complaint with respective Redressal Forum with following documents and information: -<br />
Application / Complaint with full name &#038; address of the complainant, in regional language of the State. However it should be preferably in english for convenience.<br />
Full name &#038; address of the opponent.<br />
Information about when and where cause of the complaint arose.<br />
Detailed particulars and nature of complaint.<br />
Prayer of reliefs sought including monetary claims, compensations; and its total value.<br />
Certified true copies all relevant documents on which complaint is based and to be attached as Exhibits, with serial number.</p>
<p>Notes: i) The complaint with all annextures should be filed with the Forum, in<br />
TRIPLICATE keeping one copy for your record with One extra full set for each of the opponent/s.<br />
ii) The complaint can be submitted by hand delivery to the office of the forum. Do not forget to take receipt of acknowledgement on your office copy.<br />
iii) The complaint can be sent by the Registered Post (A.D.) also.</p>
<p>LIST OF CONSUMER DISPUTE REDRESSAL FORUMS :<br />
SR. NO.<br />
FORUM<br />
FOR CLAIM AMOUNT UPTO</p>
<p>DISTRICT LEVEL</p>
<p>1</p>
<p>For Island City of Mumbai<br />
(Colaba to Sion)<br />
Bombay District Consumer Disputes<br />
Redressal Forum,</p>
<p>Madhu Industrial Estate<br />
1st Floor, Pandurang Budhkar Marg,<br />
Worli, Mumbai – 400 013</p>
<p>Rs. 5,00,000/-<br />
Tel. No. 492 6041.</p>
<p>For Suburban Limits (Bandra to Dahisar &#038; Chunabhatti – Kurla to Mulund)</p>
<p>Bombay Suburban District Forum<br />
Consumer Disputes Redressal Forum<br />
Sudarshan Building,<br />
Room No. 1, 2 and 3<br />
Gokhale Road South,<br />
Off Bhavani Shankar Road,<br />
Dadar, Mumbai – 400 028.</p>
<p>Rs. 3,00,000/-<br />
Tel. No. 436 1831</p>
<p>THANE DISTRICT</p>
<p>Consumer Disputes Redressal Forum,<br />
The Collector Office Building<br />
1st Floor, Thane, Dist. Thane.</p>
<p>Rs. 3,00,000/-<br />
Tel. No. 534 5042.<br />
2<br />
STATE LEVEL</p>
<p>FOR MAHARASHTRA </p>
<p>Maharashtra State Consumer<br />
Disputes Redressal Commission<br />
Old Administrative Staff College,<br />
Room No. 102, Behind Capital Cinema,<br />
Waudby Road, Mumbai – 400 001.</p>
<p>Above Rs. 5,00,000/- &#038; up to<br />
Rs. 20,00,000/-<br />
Tel. No. 285 2097.<br />
3<br />
NATIONAL LEVEL</p>
<p>Above Rs. 20,00,000/-</p>
<p>FOR ALL INDIA JURISDICTION</p>
<p>The President<br />
National Consumer Disputes<br />
Redressal Commission,<br />
“A” Wing, 5th Floor,<br />
Janpath Bhavan,<br />
New Delhi – 110 001.</p>
<p>You can also seek advice, guidance and lodge your complaints with following Consumer Organisations also: -</p>
<p>1</p>
<p>Consumer Guidance Society of India<br />
(CGSI)<br />
“J” Block, Mahapalika Marg,<br />
Opposite Cama Hospital,<br />
Mumbai 400 001.<br />
Tel. No.262 1612<br />
2<br />
Mumbai Grahak Peth Panchayat (MGP)<br />
Grahak Bhavan, (J.V.P.D. Market)<br />
Sant Dhyaneshwar Marg,<br />
Juhu Vile Parle Scheme, Juhu (W),<br />
Mumbai – 400 056.<br />
Tel. No. 620 9319.<br />
3<br />
Council For Fair Business Practices<br />
(CFBP)<br />
Great Western Building<br />
130/132, Shahid Bhagat Singh Marg,<br />
Opposite Lion Gate, Fort,<br />
Mumbai – 400 039.<br />
Tel. No. 284 4783.</p>
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		<item>
		<title>District Forum get more powers</title>
		<link>http://www.accommodationtimes.com/legal/consumer-act/district-forum-get-more-powers/</link>
		<comments>http://www.accommodationtimes.com/legal/consumer-act/district-forum-get-more-powers/#comments</comments>
		<pubDate>Thu, 30 Jul 2009 22:14:08 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Consumer Act]]></category>

		<guid isPermaLink="false">http://at.yourcpanelserver.com/?p=240</guid>
		<description><![CDATA[By Anju D. Aggarwal
The amendments to the Consumer Protection Act that came into effect on March 15 this year have brought about a number of changes in the jurisdiction of the consumer courts. For example, the pecuniary jurisdiction of the District consumer Disputes Redressal Forums have been raised from Rs. 5 lakhs to Rs. 20 [...]]]></description>
			<content:encoded><![CDATA[<p>By Anju D. Aggarwal<br />
The amendments to the Consumer Protection Act that came into effect on March 15 this year have brought about a number of changes in the jurisdiction of the consumer courts. For example, the pecuniary jurisdiction of the District consumer Disputes Redressal Forums have been raised from Rs. 5 lakhs to Rs. 20 lakhs. In other words, most complaints can now be filed before the District Forums, as they can adjudicate on cases where the claims go upto Rs. 20 lakhs.<br />
Similarly, the pecuniary jurisdiction of the State Consumer Disputes Redressal Commissions have gone up. So all claims above Rs. 20 lakh and upto a limit of Rs. 1 crore can now be made before the commissions located in State capitals. The highest Consumer Disputes Redressal Commission will now hear cases where the claims are above Rs. One crore.<br />
Another major change is that new these courts will not take up complaints pertaining to services hired for  commercial purposes. Earlier, the law disallowed consumer court from adjudicating on complaints in respect of goods bought for commercial purposes. However, there was no such ban on resolving disputes pertaining to services hired for commercial purposes. The new amendments have now taken out services hired for commercial purposes too from the ambit of the consumer courts.<br />
To put it differently, commercial establishments and industrial houses now cannot use the consumer courts to settle their disputes with bankers, insurers, power supply undertakings and others as they did before. However complaints pertaining to services hired by a person to earn a living through self-employment can still be agitated before the consumer courts.<br />
Following source of these changes, insurance companies and even banks against which commercial establishments had filed cases, challenged the jurisdiction of the consumer forums to hear such cases. Similarly, in some other cases, the opposite parties argued before the National commission that cases where the claims were in the range of Rs. 25 lakhs ought to be transferred to the State Commissions in view of the changed pecuniary jurisdictions of the National Commission. Earlier, at a conference of Presidents of the State Commission too, some of these questions were raised and the State Commissions wanted to know if they should transfer cases which do not fall within their pecuniary jurisdiction to the District Forums.<br />
In a recent order, the apex consumer court deliberated over these issues and its final views as expressed in the order are extremely important. As far as pecuniary jurisdiction is concerned, the National Commission made it clear that the amendments are prospective in nature and therefore the earlier law (or pecuniary jurisdiction) will apply to all cases filed before March 15.<br />
Similarly, complaints pertaining to services hired for commercial purpose will still be heard by the consumer courts, so long as they have been filed before March 15.<br />
Addresses :- There are four district forums functioning in and around Mumbai. Their addresses and phone numbers are :-<br />
Central Bombay District Forum<br />
Room No. 606 to 611<br />
Arun Chambers,<br />
Tardeo,<br />
Mumbai &#8211; 400034<br />
Tel : 24937770<br />
Bombay Suburban District Forum<br />
New Administrative Building 3rd floor,<br />
Near Chetna College,<br />
Bandra East,<br />
Mumbai &#8211; 400051<br />
Tel : 26551625<br />
South Bombay District Forum (Additional)<br />
Room No.606 to 611<br />
Arun Chambers,<br />
Tardeo,<br />
Mumbai &#8211; 400034<br />
Tel : 2491-1737<br />
Thane District Forum<br />
C/o. Colleectors Office<br />
Fifth floor,<br />
Thane &#8211; 400601<br />
Tel : 25344069<br />
There is a State Commission in Mumbai. <br />
Its address and phone no is :-<br />
Maharashtra State Commission,<br />
Room No. 1 &#038; 2, Old Administrative Staff College, <br />
Building, Opp. V.T.Station, Hazarimal Somani Marg, <br />
Mumbai &#8211; 400001 Tel : 22072097 / 22057409<br />
The National Commission is located in New Delhi Its address is :-<br />
A Wing, 5th floor, Janpath Bhawan, New Delhi &#8211; 110001 </p>
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		<title>CPR – Consumer Protection Report</title>
		<link>http://www.accommodationtimes.com/legal/consumer-act/cpr-%e2%80%93-consumer-protection-report/</link>
		<comments>http://www.accommodationtimes.com/legal/consumer-act/cpr-%e2%80%93-consumer-protection-report/#comments</comments>
		<pubDate>Thu, 30 Jul 2009 22:12:19 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Consumer Act]]></category>

		<guid isPermaLink="false">http://at.yourcpanelserver.com/?p=238</guid>
		<description><![CDATA[By S.R. Agrawal &#038; Anup Kaushal, Advocate
Consumer cannot protest if he had willingly accepted  alternate site. The complainant was allotted an alternate site which he accepted. Complaint was filed claiming damages from the authority. From the records it was clear that the complainant had accepted the second allotment willingly. (S.Kesavulu Naidu v. The Bangalore [...]]]></description>
			<content:encoded><![CDATA[<p>By S.R. Agrawal &#038; Anup Kaushal, Advocate<br />
Consumer cannot protest if he had willingly accepted  alternate site. The complainant was allotted an alternate site which he accepted. Complaint was filed claiming damages from the authority. From the records it was clear that the complainant had accepted the second allotment willingly. (S.Kesavulu Naidu v. The Bangalore Development Authority – 1995 (1) CPR 625)<br />
Person who applies for allotment in a scheme is a consumer<br />
The National Commission laid down that the complainant had paid for the cost of the application form as well as the registration fee. A person who applies for allotment of a building site or for a flat constructed by the development authority or enters into an agreement with a builder or a contractor is a potential user and nature of transaction is covered in the expression ‘service of any description’. (Tamale Nada Housing Board v. A.V. Ramkrishnan – 1995 (1) CPR 523)<br />
Purchaser is not a consumer<br />
The transaction of the plot was not one of the allotment as part of the scheme for providing housing facility to the public, but one of the outright sale of immovable property in an auction. Complaint dismissed as not maintainable. (Geeta Gupta v. Delhi Development Authority – 1995 (1) CPR 118)<br />
Communication sent at wrong address is deficiency<br />
The respondent stated that the allotment was cancelled due to default and failure to take possession as intimated by them. The complainant was awarded Rs 30,000/- as compensation besides refund of the total amounts paid by the complainant with interest  @ 18% p.a. from the date of the respective deposits and costs. (S.K. Singhal v. Vice Chairman, Ghaziabad Development Authority – 1995 (1) CPR 402)<br />
Concealment of relevant information makes the allottee liable for cancellation<br />
The application for voluntary retirement of complainant was disallowed but the complainant did not tell this fact to DDA and accordingly a flat was allocated to him under the retired persons quota and he paid the installments as required. As the complainant could not furnish retirement certificate allotment was cancelled. The complaint was dismissed on this ground itself. (K.C.Jain v. Delhi Development Authority – 1995 (1) CPR 138)<br />
Delay in delivery of possession is deficiency<br />
(Priyadarshansheel v. Secretary, Rajasthan Housing Board – 1995 (1) CPR 61) in which case it was held that the Board was negligent in taking up such a project and then not informing the complainant about the stay order from the High Court but all the time accepting the installments towards the finance of the flat. The complainant was awarded refund with 18% interest on the deposits made by him from the date of respective deposits till realisation thereof. (Lucknow Development Authority v. Manorama Sachan – 1995 (1) CPR 231)<br />
(Delhi Development Authority v. N. Anand Rao – 1995 (1) CPR 119) (Rajasthan Housing Board v. Narendra Singh Choudhary – 1995 (1) CPR 475) in which case the respondent was using it as its Goodman. Compensation of Rs. 50,000/- was granted for six years of delay.<br />
(Delhi Development Authority v. S. Bhattacharya – 1995 (1) CPR 139)<br />
(Rajasthan Housing Board v. Basant Kaur – 1995 (1) CPR 144) (Indore Development Authority v. Smt. Sindhu Sudhakar Mendke – 1995 (1) CPR 679) The authority will not be entitled to recover the surcharge on additional premium and the lease money as it delayed delivery of possession even after the flat was completed. (R.V.Venkataswamiah v. The Commissioner, Mysore Urban Development Authority – 1995 (1) CPR 296)<br />
(Lucknow Development Authority v. Shiv Baran Singh – 1995 (1) CPR 664) (M/s. Aradhna Steels v. M/s. Regency Industries Ltd., &#8211; 1995 (1) CPR 140)<br />
(Saeed Mustafa Shervani v. M/s. Regency  Industries Ltd., &#8211; 1995 (1) CPR 141)<br />
(Mrs. Asha Kumar v. M/s. Skipper Builders Pvt.Ltd. – 1995 (1) CPR 257)<br />
(Skipper Bhavan (22 Barakhamba Roads Flat Buyers Association) v. M/s. Skipper Sales (Pvt.) Ltd. – 1995 (1) CPR 784)<br />
Deliberate delay to force the allottees to pay more is deficiency (Sanjay Nagar Residents Welfare Association v. The Vice Chairman, Ghaziabad Development authority  &#8211; 1995  (1) CPR 7632) (General Consumer Protection and welfare Association  v. Ghaziabad Development Authority – 1995 (1) CPR 643)<br />
- Existence of defects in construction at the time of delivery is deficiency (Goparaju Vidyasagar v. Duggirala Sushila – 1995 (1) CPR 49)<br />
- (Mrs. Gowramma v. Bangalore Development Authority – 1995 (1) CPR 181)<br />
- (M/s. Orange City Builders P.Ltd. v. Sanjay Bhaskar Gawai – 1995 (1) CPR 670)<br />
- (Pushpa Pathania v. Rajasthan Housing Board – 1995 (1) CPR 239)<br />
- Failure to deliver possession for want of statutory permission is deficiency (Shant H. Chipalkatti vs. VGP Housing (P) Ltd., -1995 (1) CPR 3)<br />
- (Dr. Atul Verma v. Gwalior Vikas – 1995 (1) CPR 75)<br />
- (M/s. Vijay Jyoti  Housing   Pvt.Ltd. v. Rajinder Pal Singh Lamba  &#8211; 1995 (1) CPR 91)<br />
- Payment of installments is co-extensive with the progress of construction (Kanwal Khanna v. Ansal Properties &#038; Industries (P) Ltd. 1995 (1) CPR 93)<br />
Employee in service occupation is a consumer<br />
State of Rajasthan while allotting various categories of houses to its employees does render service for consideration and any person who hires or avails of this service for consideration is a consumer.(Executive Engineer, PWD vs. Gopal Das – 1995 (1) CPR 20)<br />
Charging for excessive super area is deficiency<br />
The words ‘approximate’ referred in the agreement could only mean a difference of  a few feet and not 25 to 30% of the agreed area as super area. This arrangement by the builder is an unfair trade practice. (Dr. Raghubir Singh Jain v. Ansal Housing &#038; Construction Ltd., &#8211; 1995 (1) CPR 98)<br />
(Suresh Kumar Malani v. Pearl Developers P.Ltd. – 1995 (1) CPR 408)<br />
(P.Ramakrishnan v. M/s. Mahalaksmi Land &#038; finance Co. (P) Ltd. – 1995 (1) CPR 100)<br />
(Harcharan Singh v. Bhanot Properties  &#8211; 1995 (1) CPR 130)<br />
Consumer cannot claim the parking area he had already given up<br />
Complainant failed to produce the approval plan of construction to show that in the matter of parking spaces the respondent had committed any deficiency in service. (Srichand K.Bajaj v. S.M.N. Consumer Protection Council – 1995 (1) CPR 769)<br />
Giving lesser area than that which is stipulated in the agreement is deficiency<br />
Held, there is shortcoming in the manner of performance which was required from the Board in pursuance of the contract between the parties. (M.P. Housing Board v. Dr. Suresh Sharma – 1995 (1) CPR 84)<br />
(Sarika Griha Nirman Samiti., Gwalior v. Akhlesh Dixit – 1995 (1) CPR 156)<br />
Failure to execute sale deed is negligence<br />
Directions were issued to transfer  and execute the sale deed in respect of the complainant’s 1/35th undivided share in the composite property besides Rs. 1500/- as costs . (P.R. Mansukhani v. M/s. Comfort Homes  &#8211; 1995 91) CPR 803)<br />
Negligence must be proved to claim compensation (Rajni Bhatnagar v. Gwalior Development Authority – 1995 (1) CPR 759)<br />
Additional demand has to be explained<br />
The Board had no justification to raise the further demand. Admittedly the cash down was paid in instalments as and when the housing building advance was released to the complainant. Therefore the imposition of penalty was not questionable. The Board was further directed to register a conveyance deed in favour of the complainant on receipt of the requisite stamp duty Rs. 5000/- was granted as compensation (Satish Popali v. Executive Engineer, Housing Board – 1995 (1) CPR 569)<br />
Customer has to pay floor-wise price fixed by the authority (P.N.Bhargava v. DDA – 1995 (1) CPR 132)<br />
Interest cannot be imposed arbitrarily<br />
As regards interest the respondent could not establish under what provision it had imposed interest. The interest so paid was directed to be refunded with interest @12% p.a. from the date of the deposit till payment thereof (Harbans Lal Malhotra v. Vice Chairman, Delhi Development Authority – 1995 (1) CPR 108) (Wg. Cdr. Anil Roy v. Chairman, Bangalore Development Authority – 1995 (1) CPR 299)<br />
(Naresh Chand Jain v. State of Delhi – 1995 (1) CPR 113) The complainant did not deposit the instalment on time on the ground that the flat allotted to him was not in the area he had opted for. The registration was cancelled. Complaint was dismissed as the flat could not be restored to the complainant.<br />
Pricing of flats cannot be adjudicated by consumer forums<br />
Under the Consumer Protection Act the pricing policy cannot be challenged after the allottee has taken possession of the house. The question of pricing of the flat by Housing Authority or Board is not a consumer dispute. If any amount is illegally charged by the Housing Authority or Board Forum for the consumer is to recover it from the Housing Board through a Civil Court. (Housing Board, Harlan v. Karat Singh – 1995 (1) CPR 269)<br />
Provisional allotment does not envisage final cost<br />
After issuance of the provisional allotment letter the complainant was able to raise housing loan which was paid to the Board on 27.3.1989. Allotment cum possession letter was issued on 20.4.1989. Thus the complainant was bound to pay the premium of the land and the cost of construction as worked out on the date of allotment dated 20.4.1989. (Babu Lal Gupta vs. Rajasthan Housing Board – 1995 (1) CPR 12)<br />
Board is liable to give the same rate of interest which it charges from its defaulters (Niranjan Kumar Dosi v. Rajasthan Housing Board – 1995 (1) CPR 472)<br />
Board is not liable if refund is made within time (Haryana Urban Development Authority v. Kailash Devi – 1995 (1) CPR 840)<br />
Customer is to be compensated if his file is misplaced (Rajasthan Housing Board v. Shakuntala Vajpayee – 1995 (1) CPR 122)<br />
Delay inspite of order form the High Court is deficiency (The Spartaeous Co-operative Group Housing Society Limited v. Delhi Development Authority – 1995 (1) CPR 325)<br />
Inaction by the consumer himself is not deficiency on the part of the authority (Ghaziabad Development Authority v. Vinod Kumar Bansal – 1995 (1) CPR 241)<br />
Promoter is liable to refund the amount with interest<br />
The construction project could not be launched and the respondent failed to repay the deposits. The promoter was directed to refund the amount of deposits with interest @ 18% p.a. from the rate of the respective deposits and costs Rs. 1000/-. (Public Sector Employees Welfare &#038; Society – 1995 (1) CPR 473)<br />
(Mrs.  Rajam Subramanian v. REG Constructions – 1995 (1) CPR 757) Madras State Commission awarded 24% on the deposits besides compensation of Rs. 50,000/- and costs Rs. 2,000/-. </p>
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