April 2010 TOI, Take a look!!!!!

PANAJI: The state consumer disputes redressal commission has directed a builder to pay an aggrieved customer Rs 5,25,000 with 12 per cent interest and Rs 25,000 towards compensation for harassment and legal costs. The builder, Sagar Builders and Real Estate Developers of Ponda, had appealed to the commission against the order of the North Goa consumer disputes redressal forum which had ordered the builder to pay the client, S Nadkarni, also of Ponda, compensation for deficiency in services.

Nadkarni had entered into an agreement with the builder wherein the latter was to construct and sell her a flat admeasuring 77.80 sq m with other specifications. The total consideration for the flat was Rs 5.5 lakh and Nadkarni was to pay Rs 5.25 lakh within 47 days from the date of signing the agreement.

Nadkarni’s complaint is that despite making the payments and following up with numerous oral requests and letters, the builder has not completed the flat. She said that she had taken a loan to make the payments to the builder and further complained that although the agreed area of the flat was 77.80 sq m, it was less by 3.90 sq m.

Nadkarni also complained that the doors were of poor quality and open casing electrical wiring was used instead of concealed wiring. She prayed that the builder be directed to hand over the flat with an area of 77.80 sq m, with all amenities as agreed upon in the agreement.

As an alternative, Nadkarni prayed that the builder be directed to refund the amount of Rs 5,25,000 and interest at the rate of 18 per cent till the payment of the said money. She also claimed an amount of Rs 50,000 for suffering mental torture and agony and the cost of the legal suit.

The builder, however, argued that the flat was ready for occupation even before the execution of the agreement and that Nadkarni had requested some additional works in the flat. The builder also claimed that Rs 88,000 was due to him from Nadkarni due to the additional work.

The district forum, however, ruled that there was deficiency on the part of the builder. The forum ordered the builder to hand over to Nadkarni the flat with an area of 77.80 sq m or, alternately, to pay her Rs 5.25 lakh with interest at the rate of 12 per cent from the date of receipt of payment till the date of payment made to Nadkarni.

The forum also ordered the builder to pay Nadkarni Rs 25,000 towards mental torture and harassment and legal costs. The builder appealed against the order before the commission. But the commission dismissed the appeal and upheld the order of the district forum.

consumer protection

Take a look this should only encourage you all...its a news piece from TOI..

NEW DELHI: If a shopkeeper doesn't give you a bill for your purchase, you may
soon be able to take him to court. At the same time, anything and everything you
buy can be challenged legally if it is found to be of poor quality. A product
need not be "hazardous" at the beginning to be "unsafe" later. Most importantly,
consumers will be able to receive extra money from consumer fora in case of
protracted litigation.

The central government is mulling a clutch of amendments to Consumer Protection
Act, 1986, to empower consumers and to inject transparency in the three-tier
consumer protection fora at the district, state and national level.

If accepted, the Act will make a shopkeeper not issuing cash memo or bills for
goods sold as guilty under the law. The possession of bill makes a consumer a
"bonafide" customer and its absence robs him of a stronger footing in courts if
he challenges a sale. It will henceforth be dubbed an "unfair trade practice".

The most consequential change may be the widening of the definition of "defect"
and "deficiency". While the Act clubs a few shortcomings in a product to qualify
as "defect", it is proposed to keep the definition open-ended -- by replacing
"means" which follows the spelt-out defects with "includes" -- to qualify any
unspecified flaw as defect.

The seller will in future have to give the buyer every bit of information about
a commodity. It is proposed that withholding information about a good, which can
influence the choice of a customer, should be treated as an offence.

The definition of "unfair trade practice" is to be expanded to include the
unforeseen modus operandi of traders as offences. It will allow the law to not
specify every unfair practice in the law.

The changes also seek to bring transparency in consumer courts with regard to
selection of presiding officers, filing of cases and discharge of justice.

Consumers will be able to file "cases online" in what is an attempt to empower
them.

A key proposal says that presidents or members in consumer fora should be barred
from pleading before them. This includes those who either held office in these
fora or wielded administrative control there. It is an attempt to stop any
unfair clout to be pedalled in the courts.

The Act seeks to empower consumer courts to award "interest" to compensate
consumers who suffer from prolonged court battles.

State commissions are to be given more power to be able to renew their own
orders if they notice factual mistakes in the records. The powers of judicial
magistrate first class will be more explicit under the Act.

The quasi-judicial three-tier consumer disputes redressal machinery -- national,
state and district -- have seen around 34 lakh cases filed till April 2010, of
which 30 lakh have been disposed of. The rate of disposal has been around 89%.

Divine court group

This is To inform all that the Divine court Group of customers, are meeting today at 14:30hrs at noida. This meeting is called after all efforts to get Era Landmarks to give in writing the status of all basic amenities have failed. Era has refused to acknowledge all requests send by the group to have a meeting with the management, so that these issues could be resolved by dialogue.
Hence left with no choice the groups leaders have called a meeting of all members to deliberate on all the ground realities, so that they can make Era deliver on all its original promises, Thanks.