Discussion Forum
April 10, 2009 / April 20, 2015 by Legal India Admin | 84 Comments on Discussion Forum on Consumer Laws
Start a Discussion on Consumer Laws of India (any of one can also ask question in this page and any one can answer it)
Start a Discussion on Consumer Laws of India (any of one can also ask question in this page and any one can answer it)Start a Discussion on Consumer Laws of India (any of one can also ask question in this page and any one can answer it)
Forum disallowed my complaint. I filed appeal with State Commission. Commission admitted Appeal and issued notices to OPs who filed WS. Commission passed strictures against Forum, allowed admission of Complaint but remanded it back to Forum. I feel Commission should have allowed or disallowed Complaint without notices to OPs or else if notices were served the Complaint should have been processed at Commission itself. There was a lapse of 9 months in admission itself. Is State Commission not responsible for this delay? What remedies are available against Commission, if they wrong?
We took Travel& Health Insurance from an Indian Company in Delhi. My wife had a health issue of fever & vomiting etc one night and we had taken her to an Emergency Center and treated her. Upon return we filed a legitimate claim for some 820 USD with all the available medical records given to us .The Insurance Company shows no intent to honestly pay the claim and keeps asking for additional records which are not available with us. My daughter in USA contacted the health care provider and after obtaining some confidentiality undertakings from us, they provided copy of all the clinical records of the treatment. I provided these additional medical records also to the Insurer. Now the Insurer is asking for Originals or Original Certified Copies of these ,which is not possible for me to provide.
In other words this Insurer is just bent upon finding some problem or other to avoid settling our very legitimate claim . I feel it is injustice.
Can Insurance Companies set their own arbitrary rules for convoluted paper work , thus making it impossible for the Insured to fulfill the requirement and accordingly they can project the claim to be incomplete and unsubstantiated, in case of litigation or referral to Regulatory Authorities ?
Can the Insurers operate with a business model of “Intent to avoid settlement of claims” rather than “Intent to pay the legitimate claims” ?
Reference: Seeking your opinion
Respected Sir,
I our society a Special General Body Meeting was conducted to seek permission from the General Body and voting was I held in favor of the agenda with majority favoring the agenda but after 45 days the society management committee has refused in circulating the minutes now they want to seek a legal opinion for issuing minutes do your think the managing committee can stop issuing minutes and can they oppose the Special General Meeting.
Manoj H Behal
Email: max7766@live.com
I paid money to a company for doing interior work for my house. But I didn’t sign any contract with them for doing the work. I have only the receipt for the money paid to them. That company didn’t complete the work. Only half of the work is done. They are neither ready to complete the work nor ready to return the money. When I went to their office, the vacated the place. They are telling me that the company is no longer there as they are having problem between the partners. Can anyone help me in this issue.
Hi, I am employee of private sector. I was order mobile (Moto G Turbo) in offer from Amazon website. But they do not deliver to us. When I discussed with Amazon customer care then they told me that this is technical issue. But they are play with our emotions to see different offers.
Please help me now what I do?
you can serve them legal notice and if they do not take action, than proceeding under Consumer Act can be intiated
i am a junior physician in a govt medical college, where services are provided free except for charges to make case paper. My unit head have received a summon from west Bengal jurisdiction for noncriminal case on 17/02/2016 regarding a patient treated in our hospital at OPD level. Am i or my unit head is bound to attend this summon compulsory? is there a provision for video-conference in legal cases as there is lack of staff in our unit ? can we ask for money in-advance for the expenses and fro whom? thanks . waiting for the reply.
I have entered into a contract with a Builder which is a Private Limited Company for construction and Sale of a flat. The sale consideration has been fully paid and Sale Deed executed in my name. Even though the project has been completed, the builder has violated the sanctioned plan and is unable to deliver the flat as he could not obtain Completion certificate or utilities like Power water. Now there is notice for demolition.
I understand that my legal rights are only against the Pvt. Ltd. Company and not against the Directors in their personal capacity. The Directors have violated the sanctioned plan and must take full responsibility. Can I sue against the Company and also the Directors in their personal capacity, alongwith a prayer that they should not alienate or mortgage their personal properties till disposal of suit.
Ravindran S
yes you can sue the company as the company is an artificial person and directors are fully responsible for the act and conduct of the same jointly and severally if their are any liability arose against a company you can also file the petition for winding up of the company U/S 433 of companies act and recover your amount .
It is up to the management and directors of the company that how will they pay the debt by selling o their goods property of company or by any other means like loan
you also have right to get injunction against the company and director not to flee away from the country and interest on the amount paid by you to the alleged company
you can also ask for a substitute flat or apartment against the alleged flat he promised you to handover and amount as well
I had entered into a contract with a Builder/Promoter which is a Private Limited Company for construction and sale of a Flat. The full consideration has been paid and sale Deed executed in my name. Although the project is completed, the Builder is unable to deliver the flat as he has violated the sanctioned plan, and there is also a demolition notice.
I understand that my legal rights are only against the Private Limited Company and not against the Directors in their personal capacity. The Builder’s action in violating the sanctioned plan has put the entire project to jeopardy and he has to take full responsibility. Can I sue against the Company also the Directors in their personal capacity.
Ravindran
A builder launch a scheme says that 20% during the booking and rest is EMI to Builder Directly.. He called it 0% loan.
We saw the Documents some of them not completed in the year 2012 and did agreement which is on 500/- Stamp paper which he called Booking Agreement.
Following points he mentioned in Agreement.
1: He is responsible to make sure all papers are ready.
2: Stamp duty registration will be done after 80% amount completed.
3: 35% deduction for cancellation.
4: No Date committed in agreement for Flat possession.
5: He has authority for cancellation if payment not done.
6: and other some of points which are there.
I have paid around 40% amount of property and found that Constructions has stopped from 1.5 year and no progress. He did not given possession to anyone, where 400+ people booked property there.
When I asked for possession date he said did not answered and so many times verbal false commitments. After enquiry we found he was taking bookings even he has no NA(Non-Agriculture) papers,EC clearance, PMRDA certificate and Construction was stopped due to some cause, when we complaint to him he said the agreement we did it is understanding agreement.
No When I asked my money back there will be 35% Deduction, What I should do, Going with this deal no commitments from his about possession and cancellation this deal I do not want to deduct 35% where property cost is now increased by 20% and he can sell property to anybody with higher amount.
Can I ask for full refund, where as I have all bank statements paid by cheque.
Please suggest..
one of my friend faced the same problem.Dan she consulted helpmepapa.com for legal advice and i think its the best site for Online consumer help and advice as she got her problem solved within 2-3 hours with the help of best professionals and that cost her nothing,it was for free.try it out once.
sir,
now a days
I have face same problem then my friend advise me for Online complaint. There are many online site but i think aeren-powwow is best site for Online consumer complaints in India.
Dear sir,
I had leased a house in bangalore on July 2012 and made agreement for 3 years with a clause 3 months notice to be given by either party. However due to personnel problems I had to change house by giving 3 months notice and also found the new tenant on my own for the landlady. At the time of returning deposite amount landlady informed me that she will be returning some part of amount now and later in 2 months she would pay the balance 100000 by deducting painting and other Misc if any. But it has been 3 months now and no sign of getting money back and she never picks the call or replies to message. Finally she has deposited 10000 after following up with her several times. Am afriad that I will not get my balance money back at earlist. Hence kindly advice or help in getting this sorted.
Sir,i invested 2.5lac rupees in herbalife becoming a distributor,i joined it first to consume their weight loss products for my own health thereby losing weight,but i was forced by my seniors to become a distributor of the company because then i could get the same products at 50%and they ll get their respective profits,i did the same and bought the products.,i used d products constantly for six months and neither had any weight loss nor any health benefit,when i told my seniors the same they blamenononod me that i did not use the products rightly which is a lie,they had got their respective profits from the company so lost interest in me,pl help how.Can. i claim damages and get back my hard earned money back,does it amount to a civil suit or consumer suit,pl help,pl guide
I entered into a contract with Regus for providing virtual office space to my proprietorship firm in Nov 2012. They had a exit clause which asked for 2 months notice period at any time to end the contract. They updated the terms and conditions in April 2013 to remove the exit clause and make it mandatory for all to auto renew the contract every year.
I provided them a notice via e-mail in May 2013. They did not reply then. No one knew whom to contact for ending the contract.
Now in September 2013, their collections team is threatening to attach property/investment for non-payment of charges from June 2013 till Nov 2013 + late payment fees which runs to Rs. 18K.
MY questions:
1. I had signed the contract online and not on standard court paper. Is the contract valid for consideration in the state of India.
2. The copy of old terms and conditions was on their website and I do not have a copy of it with me. They have a link with `I accept the terms and conditions` written which when clicked only lead to the latest version of terms and conditions. Can I still claim, in court of law, that the new terms do not apply to my case as I had signed on the old terms and conditions copy.
3. What would the legal battle (if any) cost me; knowing that Legal cases like this stretch to years in our legal system. In other words, although their demand in incorrect, should I opt for a settlement now and pay them or wait to be sued?
Agreement /Contract has to be mandatorily on Hard paper with Stamp Duty duly paid on the same.
Agreement /Contract on email /softcopy has no force of law.
Keep Smiling …. Hemant Agarwal
Legal Consultants: 9820174108
READ ARTICLES ON: https://hemantagarwal21.blogspot.in/?view=sidebar
Sir,
I had opened a demat a/c with Angel broking ,with 25,000/-,in just 1-day,they had done ,unauthorised transactions in my ID & lost all the money.They traded in loss making companies & charged me around Rs 8,000/- for doing these transactions ,rest of the money they lost in trading .they had not followed the procedure ,laid by them,that no transaction will be done without the consent of the investors, now they refuse to reimburse the loss incurred.they refuse to accept the lapse in their service.I want to take this matter to consumer forum.but,came to know that such cases will not be filed in consumer courts,is it true.I had paid them not only brokerage but,also transaction fee charges.so why am i not considered as consumer.
Please reply.
Thanks & Rgds
Dealing in Stock Market involves “commercial activities”. Hence it is not covered under the Consumer Protection Act.
Keep Smiling …. Hemant Agarwal
READ ARTICLES ON: https://hemantagarwal21.blogspot.in/?view=sidebar
Sir,I had paid my hard earned money to buy a 3 cent land in ,Coimbatore(TN). Its registered in my Name with all Title deeds(chitta etc). The man who sold the 3 cents died after 3 months of selling the land. His wife who is next door to my site, has occupied my site & refusing to go (she says she has got a politician’s support). Court has given a Permanent Injunction (Stay) in my favor. The Defendant(lady) has parked her car in my site and is not allowing me to build a compound wall in my site. I had complained to the police. No result yet. Can you please advice, what to do ?.
sir,
mayne tanker gandhidham se notryes karar karke khareda. us samay bat hue thi ke rs1 ka loan aur baki sub 3 mahine me dena hay jo mayne de diya rasid hay.juridiction ke hisab se muje gandhidham se loan mil nahi rahi thi esliya vahan malik ke aur shriram finnance ke kahne per loan vahan malik ke nam laneke samati de aur loan ka bhugtan muje karna tha. 1 cheque diya tub vahase kaha ki aap rajkot me bhugtan kar sakte ho vaha sakha hay. bad vaha cash bharta raha , aur shriram sub mujse hi loan ke bareme rasi bharneke bat karte tha.mandi se ek bar unhone seaz bhi kiya rajkot me phir panding rasi sub bharke vahan ka kabaja muje diya.phir loan puri nahi hone se ram fin ke prabhandhak se bat ke to gandhidham gaya vahan malik ke nam ka statement bhi diya.dekhakar malum hua ki loan 1lakhs ke badle rs1.25 li hay tub 34139/ rasi baki thi esliya mayne kahake ub vahan ka bhugtan loan lenevale se aapko lena hay mayne bhi jyada bhar diya hay,rajkot aaker mayne vahan malik ko likhkar sub kaha aur uske kapi shriram fin,aur uske ho police me de ke jo kuch karenga uske jimedari hay mayne rasi jyada bharde hay.thode samay ke bad phir rajkot me se vahan japta kar gaye jiske sikayat upbhogta bhavan me ki aur national comission me ja rahi hay may upbhogta ki vyakhya me nahi hu. kripya muje jankari de. aue DUSRI BAT KE meri rasi share me fasi hay to waha bhi yahi aur hakumat ke badh aarahi hay to kya share jo mayne serf public issue se mila ho woh uske certificate merger ke bhi nahi deti to kripya muje 2013 ka upbhogta me asakta hay aaysa hukm mere email per bhajne ke kripa kare
dhanyavad
MY INTEREST SOLY LIES ON STATUS OF THOSE CONSUMERS WHO ARE ON THE MERCY OF ARBITRARY AUTHORITY OF MOBILE SERVICE PROVIDERS IN VIEW OF SUPREME COURT VERDICT IN CIVL APPEAL NO. 7687 OF 2004 DECIDED ON 1.9.2009 (GENERAL MANAGER, TELECOM VS. M. KRISHNAN & ANR.) BY SUPREME COURT OF INDIA. IT APPEARS THAT THE CONSUMER ACT IS AN APT LEGISLATION, CREATED TO HOODWINK THE CONSUMERS SINCE IT IS STATED TO BE A GENERAL LAW AND NOT THE SPECIFIC LAW. ALL THE DEALINGS ARE HELD UNDER VARIOUS ACTS VIZ. INSURANCE MATTERS ARE GOVERNED BY INSURANCE ACT AND ALL DEALINGS ARE SUBJECT TO CONGTRACT ACT, WHICH ACCORDING TO SUREME COURT ARE SPECIAL ACT AND SHOULD BE SETTLED ACCORDING TO THE PROVISIONS OF THOSE ACTS. IF ANY THING DONE BEYOND THE PURVIEW OF SPECIAL ACT WILL ONLY FALL WITHIN THE AMBIT OF CONSUMER COURTS, WHICH IS JUST REDICULOUS. WHERE SHOULD THE VICTIMS OF MOBILE SERVICE PROVIDERS SHOULD GO OR RESORT TO WHAT ACTION SINCE CONSUMER COURTS ARE JUST DISMISSING THE COMPLAINTS OF THE CONSUMERS IN VIEW OF THE CAPTIONED SUPREME COURT VERDICT. SUGGEST.
kINDLY LET ME KNOW THE LATEST STATUES OF cONSUMER dISPUTES ACT VERSUS SPECIAL aCT SUCH AS tHE iNDIAN TELEGRAPS ACT 1885. especially in view of the pronouncement in ca7687 of 2004. Whether consumer forums can entertain disputes under mobile disputes or disputes regarding payment by cheque.
If any service provder update wrong information like date of bairth, ID proof details Including Mr. instead of Miss what will be the action. Apart of in legal notice send by company with addressing Mr. instead of Miss. What wil be the legal way to take further.
Dear Experts,
My parents have been living in ground floor of housing board apartments in Chennai for the last 30 years. For the last 25 years, there has been seepage from the first floor and the owner is adamant on not repairing the issue. We have spent internally money to solve the issue within our flat but it doesnt happen – the solution is temproray. The owner of the flat above (first floor) even didnt allow the president of the society to come in and was asked to get out of the house. Such is the nuisance of the owner.
Note: We have letters dated from 1989 which have been sent to the president of the society requesting him to repair the seepage. We even have the responses from the owner of the flat above us.
Following are my queries
1) Can we file a legal suit against them – if yes under which section?
2) Realisitcally speaking, how many years do you foresee such a case to come to conclusion?
3) How strong or weak can a case be in such a scenario? He can just say that he did some repair 1 /2 years back and get away? ( He hasnt done any repair and the seepage still persists.)
Currently the flat owner from which we are getting seepage – is the presidnet of the society
3) There are about 138 flats in the society and around 10-20 flats would definitely be having seepage – can we all go together and file a complaint against the issue?
Since the president himself is not repairing such an issue, the other flat owners from which seepage starts are not ready to repair their issue – setting a bad state.
My parents have suffered a lot and I am now willing to fight for my parents basic rights to live in a proper place.
Please help and suggest your views.
Thanks & Regards
Krishna
1. File a complaint before the local Police station, against the above floor flat owner, for creating nuisance and damage to property. This may take some time, but will surely result in permanent solution.
Keep Smiling …. Hemant Agarwal
READ ARTICLES ON: https://hemantagarwal21.blogspot.in/?view=sidebar
Sir
I have orderd a LED TV online purchase from M/s.satyabazaar. Tuticorin
It was received by me with following observation:
(1)Seril no. on TV is different from Invoiced One.
(2.)Resolution mentioned while ordered is 1920 x 1080 whereas received one is 1366 x760 ,
(3) they mentioned while ordering is Full HD but they supplied HD ready
(4) inside Packing is not Original Tv Mfg.Packing.
Hence I rejected. Then i talk to them above differences, they said overphone you can return through “First Flight Courier to- pay basis Accordingly as it is packed in same box I handed over to their courier. on 4th Mar’13 evening and intimated through mail to them. it was reached their place on 6th Mar’13 & delivered to them on 9th mar’13 morning then they talk to me on 9th Mar’13 stating that tv panels broken. Now they say ask me to talk to First Fligh Courier if they does’t agree to pay the compensation i have to pay.
Please suggest me sir what to do legally.
Thanks & Regard
Hello Mr.Venkat, You can proceed with consumer court. You can find the procedure to file a case in consumer Court India from this link given here.
Thanks,
Amy Joseph
I have purchase flat in appt in year Feb 2011, done agreement & given 80% amount by taking loan, I have paid EMI from last 24 month till time I have not get possession of property, Pl suggest what i need to do?
Sir,
I would like to know how much land (agriculture as well private property for building etc), an Indian citizen can own as an individual?
MThx
Nandan
can a execution petition can be referred to mediation cell by a consumer court
Please let me know any case heard by any hon’ble high court and decision given by high court on the same case if does not satisfy to any of the party gives right to them to make an appeal against the same order before the Hon’ble Supreem Court in India. Please confirm & oblige.
Thanks and with best regards.
Purushottam Ramawat
Sub: Conscious and deliberate Contempt of Court by Consumer Dispute Redressal
Forum -Kasargode, Kerala
Ref:
1. Supreme Court Judgment – Civil Appeal no 7687/2004((2009) 8 SCC 481),
2. RP 1703/10 (Prakash Verma Vs Idea Cellular Ltd) of National Consumer Disputes Redressal Commission
3. RP 3780/2011 -Lokesh Parashar Vs Idea order dated 20.04.2012 of National Consumer Disputes Redressal Commission
4. RP NO. 1703 OF 2010 National Consumer Disputes Redressal Commission dated 21.05.2010
5. A No 295/2010 MP State Consumer Disputes Redressal Commission dated 10.02.2010
6. A/10/526 of Kerala State Consumer Dispute Redressal Comission, Trivandrum ,Kerala dated 13.10.2011
7. A/11/424 of Kerala State Consumer Dispute Redressal Comission, Trivandrum ,Kerala dated 22.2.2012
8. A/11/508 of Kerala State Consumer Dispute Redressal Comission, Trivandrum ,Kerala dated 28.01.2012
9. CC 77/11 dated 31.05.2012-order OF CDRF Kasargod
10. CC188/10 DATED 31.12.2010- order OF CDRF Kasargod
11. CC16/11 DATED 20.04.2011- order OF CDRF Kasargod
12. CC 238/10 DATED 28.07.2011- order OF CDRF Kasargod
Sir
1. I here by inviting your kind attention to conscious and deliberate disobedience of the Hon’ble Supreme court’s, National Consumer Disputes Redressal Commission’s and State Consumer Dispute Redressal Commission’s judgment/order by the Hon’ble District Consumer forum Kasargode, Kerala in many cases by interpreting their own interpretation.
2. It is submitted that, the Hon’ble Supreme court of India in General Manager, Telecom vs. M. Krishnan and another-CA 7687/2004 dated 01.09.2009 reported as 2009 (8) SCC 481 made it clear that the matters relating to telegraph lines and other connections can be referred to the arbitration under Section 7 B of the Telegraph Act and such disputes cannot be brought under the ambit of Consumer Protection Act.
3. It is also seen that the National Commission has held the similar view wherein and whereby the Hon’ble Commission has held that any dispute between the subscriber and the telegraph authority can be resolved by taking to arbitration proceedings only. It has been made clear in “Prakash Verma Vs. Idea Cellular Ltd., and another” (Revision Petition No. 1703/2010 decided on 21/5/2010.)
4. It is submitted that ,the Kerala State Commission also dismissed many Appeals by relying the decision of the Hon’ble supremen court and the national commission.
5. The National commission in RP 1703/2010, dismissed the complaint filed by the petitioner relying upon the judgement of Supreme Court in General Manager Telecom vs. M.Krishnan & Anr. – (2009)8 SCC 481 and held that ,
“The judgement of the Supreme Court is binding on all the subordinate courts. There is no scope for interference. Dismissed”
It is submitted that, the fact is being so, without jurisdiction the Hon’ble District Forum, Kasargode, is entertaining the cases which are related to subscriber and telegraph authority, which is barred by the Hon’ble Supreme court ,National and State commission by giving a different interpretation .
It is important to note that, even though the Hon’ble State commission has set aside 3 orders of the same Forum, again the forum below, without considering the previous orders of the State Commission ,entertains similar cases and passing orders against the Telecommunication operators without any jurisdiction.
It is important to note that , in A/526/10 order dated 13.10.2011, A508508/11 order dated 28.01.2012 and A 424/11 order dated 22.2.2012 the state commission undoubtedly held that ,as per the Hon’ble supreme courts judgment and the orders of the National Commission ,the Forum below has no jurisdiction to entertain the cases which are related to telecom operation .
But surprisingly and Shockley the forum below passed another award against the Bharati Airtel Ltd on 31.05.2012 (CC77/11 copy of the order is available in CONFONET ) by giving their on interpretation and deliberately disobeyed ,insulted the hierarchy of Courts and especially Art 141 of the constitution.
My question is ,is it a proper order, or is it a deliberate act of the Forum below,or is it prejudiced, immature and insulting the dignity of the Higher Judicial Authority, moreover the disobedience of principles of the Constitution of India.
My another question- Forum have a right to interpret the SC judgments like given below
The Hon’ble CDRF ,Kasargod , by its order (CC77/11, CC 16/11,CC 238/10 copy of the order is available in CONFONET ) clarifies that ..The Judgment sited above 1 is per incuriam since it is passed ignoring the decision of larger bench.
. His Lordship Markandey Katju, J. in “State of U.P. Versus Jeet S. Bisht” (supra), in para No.66 and 67 of the judgment has observed as under:
It is well settled that a mere direction of the Supreme Court without laying down any principle of law is not a precedent. It is only where the Supreme Court lays down a principle of law that it will amount to a precedent.
In Municipal Committee, Amritsar Vs. Hazara Singh, AIR 1975 SC 1087, the Supreme Court observed that only a statement of law in a decision is binding. In State of Punjab Vs. Baldev Singh, 1999 (6) SCC 172, the Court observed that everything in a decision is not a precedent. In Delhi Administration Vs. Manoharlal, AIR 2002 SC 3088, the Supreme Court observed that a mere direction without laying down any principle of law is not a precedent. In Divisional Controller, KSRTC Vs .Sahadeva Shetty, 2003 (7) SCC 197, this Court observed as follows:
“….. The decision ordinarily is a decision on the case before the Court, while the principle underlying the decision would be binding as a precedent in a case which comes up for decision subsequently. The scope and authority of a precedent should never be expanded unnecessarily beyond the needs of a given situation. The only thing binding as an authority upon a subsequent judge is the principle, upon which the Case was decided…..”.
The another findings of the Hon’ble CDRF, Kasargode is as follows.
1. Consumer protection is a special law
In “General Manager, Telecom Versus M. Krishnan & Others” (supra), the Hon’ble Supreme Court has held that the special law prevails over the general law. But the point whether the Consumer Protection Act is a special enactment or a general law has not been discussed. On the other hand, in view of the other judgments, reference of which has been given above, the Hon’ble Supreme Court has declared the Consumer Protection Act as a special legislation. Time and again it has been held by the Hon’ble Apex Court of country that where a law is declared after thorough discussion, only then it is held as a binding precedent and not otherwise
Sir, namaskar, my land has been tansferred by a person using GPA which was revoked long ago, and that is why i filed a civil and criminal case against the buyers and the revoked gpa holder. to fight the case the lawer charged rs two lacs as full and final fee in advance. but he refused the cheque and demanded cash which we gave him. he filed the case and later on he showed us another lawer who also charged fee which we gave him. the first lawer now refuses to recognize us. as a consumer ,do i have right to sue my lawer who is very influential and fights big polititians cases etc.. where should i complain? to the bar council or in the consumer court. I fear he may try to influence and weaken my stand as he is a very high profile advocate in bangalore. please advise.waiting for answers from your side where i can take a right decision.and my rights are preserved.
I reside in an apartment in Bangalore within a residential complex which has around 400 apartments; the owners have formed an association which is registered with the Registrar of Societies, Govt. of Karnataka. The office bearers of the association are elected by the block representatives (one for each block of apartments) and the residents pay maintenance fees to the association for the upkeep of common areas and facilities.
I own an open parking slot in the apartment premises as do most other residents in the apartments. A problem started recently when one of the coconut trees planted in the gardens adjoining the parking slot bent obliquely on the parking slot; dry coconut leaves and other matter started falling directly on my car causing dents and other damages. I got it repaired after making insurance claim and informed the president of the association via email of the situation requesting him to find a solution. He said that he will look into the matter but no action was taken in this regard. My car suffered further damages again when dry leaves started falling again causing dents. My repeated verbal requests to have the tree removed/ pruned were ignored again.
I feel that being a resident who pays the maintenance fees due to the association well on time, I can demand the tree be removed as a permanent solution. The association utterly disregards my suggestion nor does it provide any solution for my problem. I also feel that it is my imperative to claim for the damages caused the second time due to the deficiency in the services provided by the association to me as a resident.
I want to seek the following clarification from the people in this forum:
1. Whether the stand I have taken legally valid and enforceable?
2. Does this case needs to be taken up from a regular court or shall I approach consumer forum?
3. Who is to be held liable for the damages caused to my car, the association or the office bearers?
4. If the office bearers change and new office bearers get elected, who should be held responsible?
5. In case I send a legal notice through my lawyer, the association my send it back without accepting the registered post, how to deal with this situation?
Respected sirs
We are soon launching Consumer Reporting business to MSMLE and
request your feedback on respective queries, please visit http://WWW.creditscheck.in
Your opinion will be an obligation to us. Best regards
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hello,
i recently bought a product after seeing its advertisement. but when i opened it the packing was similar to the one shown in the ad but the content packing differed from the way it was projected in the ad.
i would like to know if this makes an eligible case. please reply…
yes, you can file a complaint against the manufacturer for unfair trade practice in consumer court.
The allegation comes under Section 2(i)(r) of Consumer ProtectionAct (as amended) within the defination of “Unfair Trade Practice”.
hi,
i bought a product after watching its advertisement. but the advertisement showed a different packing then the original product. when i opened the box the contents were not how they were projected in the advertisement. i bought the product under the notion that it would be exactly like the one shown in the ad.
i want to know if this makes an eligible case. please reply…
Dear Sirs,
Can you please sujjest that we have filed a case against our builder in district consumer court at Ranchi for non completion of our flat in relation to the agreement signed. viz. Lifts, generator, thermal treatment of roofs, cracks in top floor flats, non possession of Playground for children, non provision of drains outlet and soakpits, seepage of water from walls etc.etc.etc.
The builder has been submitting false statements regarding completion of the flat in each and every respect but the fact remains a fact.
Can there be an end to it for finalization of a decision in our favour.
Please advice as the living conditions in the premises have become precarious and it is getting more difficult day by day to stay in the apartment.
Thanks
Kaushik Kundu
The allegation made by you before the Ld. District Consumer Forum has to be proved. In order to prove your case you may submit a petition before Ld. forum to appoint a Commissioner who shall visit the spot and to submit report before the Ld. forum. In my opinion it is a very good case.
Dear Sir, I have got replacement for the battery under 18minths manufacturer’s warrantee. Can anybody advice, whether the replaced new battery issued with a fresh invoice also covered with warrantee of further 18months. It is mentioned in the Invoice “replacement”
it is a grey area of law but as per the law stands till this date you will not get warrante for further 18 months.
In my opinion, if the goods replaced once by invoking the warranty, The warranty stands cancelled and no fresh warranty being issued.
Hi ,
Can any one suggest me regarding the data need to be store while any one opt for online registration. I do a business where I accepts products to sell on my online stores with commission basis . Merchants who provides products to me need to accept my terms and condition. I need to store some info of persons as a proof while they accept the terms and condition. Please let me know what data I need to store.
thanks
vikram
I have now discovered new/important matter of evidence against the respondent. Therefore I filed an application Under Order 9 Rule 4 CPC before the same Consumer Court to recall the order for review of the judgment that was passed in the year 2005 in favour of respondent Society. The opposite party challenges Order 9 Rule 4 CPC as not applicable. Therefore please tell me how to amend the plaint to substitute Order 9 Rule 4 CPC to XLVII CPC or Section151,152 and 153 CPC .
The remeady lies to file a fresh complaint alongwith petition under section 24A(2) of Consumer Protection Act (as amended)
At present am working at Kuwait since 9 years. I purchased one house and put on my mom’s name . And another house improvements I spend more than 3 lakhs. And also am sending from th year 2003 every month 5,000 till April-2011 for my old parents. I arranged all the things including A/C in the house. The problem is my sisters and brother pushed my parents and they registered the house on one of my sister name and another half house they wrote on my brother’s name. Remaining half house my parents are staying. All these things they did without informing me, Last March I went on vacation, they scolded me badly that I didn’t take gold bangles to my mother and they are making afraid, that they will file a case against me that they will bring back me from Kuwait and sue me in the court.
I loved my parents and provided them a lot and at the end I got all these things. I stopped to send money now from two months. Now I heard from my friends that they are making a file and wants’ to file a case against me. Is it possible for them to call back from me from Kuwait? What I need to do to legally to stop them to do all these things.
Your immediate response is highly appreciable.
Hi,
I have one small legal issue, where took adminision for PG through distance, as the executive has given me the comitment for stagewise.
if you feel course, then you can opt for stage-1 (Diploma in Managment),after that i have follow up on mail with organisation on mail,
but they neever replied, after that i have informed bank to stop payment & the cheque got dishounered, as of now they are sending me
will send Legal notice for dis hounering the cheques.
my request intiated on Dec 2009 & cheques got dishounered from Jan 2010. as i have my all mail followup.
they say will file for NEGOTIABLE INSTRUMENTS ACT 138. the same shall i reply them with NEGOTIABLE INSTRUMENTS ACT 140.
Suggest me
dear sir,
i dont know english… mera prob. ye hai ke mere boss mujhe ek cheque jo account payee tha… aor jo naam se tha, use jana karne bheje.. par wo cheque bank se gayab ho gaya… aor kisi ne use self payment karva liya… jisne bhi wo cheque self payment liya usne account payee ko kat diya aor naam ko bhi kat kar self likh diya… aor mere boss ka duplicate signature kar diya… aor ek id proof laga diya tha… id proof me mere boss ke naam same tha… par photo payment lene wale ka tha… ab eske liye hame kya karna chahiye…?? please help & kindly reply….
yes consumer court is having power to do that but they are very slow in their disposal rather u approach civil court and seek injuction order or ask for change of flat on appropriate place. considering disposal rate of consumer court, u approach consumer court only to claim compensation as u dnt have to pay any court fee stamp in cons court to claim compensation. besides this appears to be cheating case, u can also file criminal case in criminal court agnst the builder. kindly contact me if u need any further informaion on this . Adv ramesh chheda – 9870112826, Mumbai
If I have issued a non”payable at par at all branches” cheque, can it be returned unpaid, by another branch of my banker, without being presented in my home branch, with reason “Insufficient Funds”.
I feel, since the cheque is not a multicity cheque, and is drawn on a specific branch, may be paid by any non home branch, if funds are available. But a non home branch should not be returning the cheque not drawn on it.
Subject: Stay order on construction
Hi,
I purchased a flat in a group housing scoiety in 2008 in ghaziabad and expecting possession in the next 6 months. I had purchased a road facing flat and paid extra for this privilege. Now on inspection I found that the builder has constructed a commercial complex infront of my house blocking my view of the road. As per the brouchers given to me at the time of purchase the commercial complex was supposed to be 1 story above ground but the builder has started construction on the second floor of this commercial complex. My flat being on the 2nd floor will have its view and sunlight blocked due to this construction.
How can i get a stay order on further construction on this commercial complex. As per the agreement signed at the time of purchase all disputes are to be settled in court of ghaziabad.
Does a consumer court have the power to enforce stay on construction? Please advise.
hi there,
When I Joined a Firm ,Hyderabad They issued me a appointment letter in which nothing was mentioned related to the notice period for leaving.
in Aug i requested my employer i wants to leave the firm a oral chat,Then he aske me when you wants to leave, i replied him releve me Asap
with in seconds i received a mail from my manager, as a requested by you you releaved from duties effective from today.
then i have given a formal resignation thru email after 5 mins. on the same day itself i got my reelaving letter stating she is releaved from
duties and please communicate with finance department about final settlements.
in this month i went to my previous company , my manger gave a statement with you didnt servive the notice period, now we are cutting your salary for the that reason and you need to pay us extra amount.
Now the owner is saying to file a case against me or demanding for extra amount . My one month’s salary is also pending on him. What can i do to get my remaing salary. Can he File a case against me for any reason just to make be disturb ?
Please Help !
Dear Sir, I need information of the period within which a person can file a complaint regarding his loss or greviances. Also I bought a car recently from a leading manufacturer which was delivered without proper PDI because of which I had to get the door lock changed within 8 days of purchase which was covered under warranty but the dealer paid no heed to my complaints who is in delhi and I am in gurgaon. The car has bad pick up and poor AC and the enging misses i.e. jerks while driving for a few seconds with check engine light flashing also the indicator displays radiator fluid temp high pls turn ogg the engine comes frequently and came the day I took delivery too. What are my rights and can I claim for change of vehicle. The parent manufacturer has not taken any action, though they are coming up with a model where they have rectified almost all these faults. Pls advice and where can I file my complaint. Thanks and regards
Dear Sir, I sold a computer to a person in 2002, I gave him a quotation in Dec 2001 where I mentioned 100% advance payment, warranty by manufacturer and validity of quotation as 15 days. The person got his loan approved in Feb 2002 and asked me to supply giving an outstation cheque which cleared after 21 days with a deduction of 314/-. I told him that the same config is not available as newer version is available at a diff of 1500/- which he agreed to. He started mailing letters from day one and later filed a case against me. 1) delay in supply 2) Refund of money as finance minister announced that computer will get cheaper in next financial year i.e after Apr 2002 and the PC was supplied on 19 Mar 2002. 3) He wanted manufacturer bill not mine. 4) He claimed internet was not connected but had no telephone line in his house.5) No warranty card given but the warranty card bears his sign and receipt. He claims he spend 2000/- on its repairs but no bill to prove it, also that he had to go to a computer centre to learn which caused him mental agony and thus seeking compensation on service not provided which he never asked for and has no supportinf docs. He has not paid the balance amount of 1500/- and 314 till day and has claimed that I gave him bill of more amount then quoted and thus claiming a fraud. Pls advice if the person is a customer without fully paying the amount due and wether he has a legal claim. Rgds
Hi All,
I need URGENT Advise…
My dad sold a car to Mr X in 2005, and we have a Notary Agreement, however the car was not transferred on name of Mr.X and is still on my dad’s name.
Unfortunately my dad expired on April 20th 2010 and after a month i.e May 2010 the car which was sold in 2005 to Mr. X caught in Road Accident where
one person died in accident. The driver of the car eloped ( ran away) leaving car on spot. We are not able to trace Mr.X now..
and now POLICE is asking us to claim the car.
Now We are in a deep trouble, as my dad is no more and if i claim car from police, it would mean that i had ownership and all blame comes on me..
What should i do …. People please help advice if at all you can.. !!!!
Any advice on this matter will be really helpful to me .. !!
madam, That your dad sold the car in 2005, now you are not owner. Now in this case your liability nil.dont bother. you don’t claim on the said car.otherwise you are in trouble.
praksh patel
advocate
Seems the documents were not transferred else the police would not contact you .Were you first owners
Dear Sirs:
I have filed a complaint against Chalapathy Estates Pvt. Ltd; Hyderabad in District Consumer Forum No.II, Hyderabad in 2009 which has been dismissed on frivolous grounds.
I have filed an appeal in the State Commission as a Party-in-Person and argued the case effectively by highlighting all the commissions and omissions of the Real Estate Co. and the Hon. State Commission appeared to have been convinced of the serious irregularities and breach of faith on the part of the Real Estate Agency.
However, the Advocate of the Opposite Party has maintained that the individual name of the Respondent has been mentioned and impleaded in the case and as the complaint has been filed against him in his personal capacity, it deserves to be ignored and dismissed forthwith.
Despite my repeated pleas that I have mentioned the Respondent as
Y. Amareswara Rao, Executive Director, Rep. Chalapathy Estates Pvt. Ltd with the Office Address of the Real Estate Agency, the President of the Commission was inclined to support the contention held by the Opp. Party. In this regard, it may be of interest and significant to know that Y. Amareswara Rao in his capacity as Executive Director and on behalf of Chalapathy Estates Pvt. Ltd has executed and signed the agreements with the Buyers of house building plots during the relevant period and he continues to hold the same position in the Company.
IN THIS CONTEXT, IT IS LEARNT THAT THE SUPREME COURT OF INDIA HAS GIVEN A JUDGMENT IN AN IDENTICAL CASE WHEREIN IT WAS STRESSED THAT THE CONSUMER COURTS SHOULD AVOID ATTACHING IMPORTANCE TO SUCH MINOR/TRIVIAL PROCEDURAL FLAWS / SHORT-COMINGS / LACUNAE AND THEY SHOULD APPLY THEIR MINDS MORE ON THE SERIOUSNESS OF THE COMPLAINT AND THE GRAVITY OF THE PROBLEM. IN HYDERABAD, I HAVE TRIED MY LEVEL BEST TO OBTAIN A COPY OF THE JUDGEMENT REFERRED TO HEREIN TO FORTIFY/BUTTRESS AND PUT FORWARD MY POINT EFFECTIVELY. HOWEVER, I COULD NOT LAY MY HANDS ON THE CRUCIAL JUDGMENT DELIVERED BY THE APEX COURT.
It is, therefore, requested that a copy of the land mark verdict given by the apex court is furnished to me to enable me to file a Revision Petition at the appropriate Forum for which act of kindness, I shall be grateful to you ever and forever.
With highest regards,
Sincerely,
S.S. Rao, M.Sc.(Ag.) Gold Medallist,Senior Citizen
Jodimetla Village, Ghatkesar Mandal, Ranga Reddy District, Andhra Pradesh 09390397505
samrajyam srinivasa rao
Respectable Sir/ madam,
This query regarding Secion 17. of the consumer protection Act. read with Section 2 of the same Act.
Sec. 17 defines the jurisdiction of the State Commission and Section 11 of the same act defines the jurisdiction of the District Commission as follows:
(2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction, –
(a) The opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or 2[carries on business or has a branch office, or] personally works for gain; or
(b) Any of the opposite parties where there are more then one, at the time of the institution of the complaint, actually and voluntarily resides, or 2[carries on business or has a branch office], or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or 2[carry on business or have a branch office], or personally works for gain, as the case may be, acquiesce in such institution; or
(c) The cause of action, wholly or in part arises.
Section 2 sub part (aa) of the same act gives the definition of branch office as follows:
2[(aa) “Branch office” means –
(i) Any establishment described as a branch by the opposite party; or
(ii) Any establishment carrying on either the same or substantially the same activity as that carried on by the head office of the establishment;
I would like to ask that if a truck is insured by the lucknow branch of the Insurance Company and the truck meets with an accident in Himachal Pradesh but the truck was hypothecated in Dehradun and also the the amount for the insurance was paid at Dehradun, doesn’t a part of the cause of action arise in Dehradun. I would also like to know that when Sec. 2(aa) has clearly defined the meaning of “Branch Office” then Sec 17. read with Sec. 2 would imply that the State Commission of Uttarakhand at Dehradun has the Territorial Jurisdiction to give its views in this case.
Waiting for your opinion.
Yours Sincerely,
Prateek Handa
Student,
Law College Dehradun
Email: micropra@live.in
Dated: 08/06/2010
I have purchase a house. the old owner has not clear his electricity bills.can a electricity supply company receive the dues with me.what is the relief and rules and view about court. i have not taken connection in my name.
Yes. It soes not matter to them who owns the building and who has used it. The present owner has to pay. You can recover if possible from the last owner. Otherwise ,normally once its sold its with the liabilities.
you please go through the institutional papers & it s memorandum then u can have better idea
you can only be compensated for bad food but not others day as u can not prooove
Hi,
I had been to a five star hotel to have a snack. After eating half of what they had served, I had an unusual feeling that something is terribly wrong with it. I dissected the snack with fork and I saw that it was very badly spoiled (fungus in it). I called up the barer, who said he didn’t know how that happened (as if I should know it). The manager of that hotel accepted that it’s their fault. I spent the entire day of Christmas on bed, taking rest. The stomach felt horrible, and after meeting a doctor and taking some medicine, I feel somewhat better today.
I do not know how many thousands I’ve spent on their hotel so far (so called 5 star) and I really want them to compensate me for what they’ve done to me. I’ll appreciate it if you could suggest me on options that I have. I’ll provide you any further information that you may need.
Many thanks.
MR DHIREN YOUR COMPLAIN IS NOT CLEAR PLEASE DETAIL IT THEN ADVICE CAN BE LAUNCHED
dear friend u can lodge complain against the company and can succeed provided your documental evidence in tact &legal stage. u can lodge complain under consuner act 1986 &MRTP ACT 1969 COMBINEDELY.showing the ground of CHEATING,DEFICIENCY OF SERVINCE,BREAK OF CONTRACT,ETC WITHOUT ANY DELAY & CAN CLAIM COMPENSATION
if in beare cheque the signature & other technical matters are ok in addition to that the cheque bearer signature is ok so bank action is ok neither not
you can sucseed against company provided the documental evidence with u ,and can claim compensation in court
1. I feel proud and honour for coming in the knowledge of you and I have the honour to put across the following few lines for your kind support and suitable help.
2. I belong to Alur kurnool (Dist) of Andhrapradesh and presently residing in Jodhpur, Rajasthan. With an ambition to support my family and to get self employed I contacted “M/s VENUS TRADING COMPANY, WZ-508/1, Basai Dara Pur, Behind Ramesh nagar Metro Station Delhi-110015 ” based on their advertisement placed in the daily news papers “Rajasthan Patrika” and “Dainik Bhaskar”. After going through their website http://www.venustradingco.com and written material supplied by them I paid them Rupees 2000/-(Two Thousand) in advance vide bill no 507 dated 18 Apr 2009 and later I paid the Rupees 48,000/-(Forty Eight Thousand) for the six head thread winding machine. As per the agreement they have to supply the raw material of 240 kg/week and pay the labour charges of Rs 35/Kg for the finished goods what we supply to them. With the machine they supplied only 40 kg of the raw material which is costing Rs 900/- and after finishing 18 Kg of the raw material we sent back to them. Till now the company has not paid the labour charges and not supplying the raw material and not returned the agreement which I sent back for correction in respect of transportation charges.
3. The original cost of the machine supplied by them is only Rs 27,000/-(Twenty Seven Thousand ) as per the original bill received by me where the company received Rs 50,000/- from me. Besides over charging they supplied me a faulty machine. The company neither rectifying the faulty machine and nor replacing and not supplying any raw material. My repeated letters for the return of the machine to the company became unclaimed.
4. Hence I request your support and help in getting compensation from the above said company and bringing those culprits in front of the justice for panelizing them suitably for their antisocial activity.
Your complaint is very sensitive. You may brought an action under Consumer Protection Act against the Company. Besides, you may prefer Criminal Case also under section 406 I.P.C.
On of my relative has defaulted on an EMI or Credit Card payment and bank employees are troubling his family members to pay up the outstanding amount due and threating to pay the money.
Can these recovery agents threaten his parents to pay the money are they liable.. Is there a provision in law to sue these recovery agents
Thanks, plse treat it urgently
The recovery agents has no right to threaten anybody else. Please contact Local P.S. and made an F.I.R. or file a criminal case or a suit against the Bank but you have to prove your case.
No, You can’t file any where,
You have to file the case in same jurisdiction, where the Institute is situated.
But if your Institute have any Branch office in your City, and you come to contact in that office than you can file the case in your local town.
Hello,
Please tell me whether I am able to file the case in own city or not.
I stay in city ‘X’. I have taken addmission in a college which is in city ‘Y’. Whether I am able to file the case against that college in my own city in Consumer court or not.
Pls tell about any other cases related to same problem.
Any other suggestion and references will be appreciated.
Waiting for reply,
Rizwi
Consumer Protection Act suggests that a case may be launched at the place where any of the Op. Party resides or carrying on business, or where the cause of action arose or part cause of action arose or the Op. Party or Any of the Op. Party has a branch office. Please see Section 11 of Consumer Protection Act.
Does the Arbitration and Conciliation Act 1996 is inferior or subservant to the Consumer Protectiion Act 1986?
Not at all “Consumer Protection Act” is separate legal remedy.
the bank paid the bearer cheque on presentation.the account holder filed a complaint for defeciency in service.whether it is maintaneble or not,if not pl. suggest rulings in favour of bank.
You have not clearly mentioned the dispute, I mean what is defeciency in service by Bank. It is duty of Bank to clear the Bearer Cheque.