Expert's Take: Professionals answer queries on consumer issues

  • | Tuesday | 13th August, 2019

DNA, brings to its readers expert’s take, where experts from a variety of fields take questions and give ready answers to issues close to citizen’s heart. Today we bring to you our expert’s take on consumer issues. The Agreement was executed on 16th December 2017 with the promised date of possession as 30th June 2019. But till date there is no communication from them. But in case it causes injury, grievous hurt or death, the imprisonment increases right upto life imprisonment and penalty upto Rs 10 lakhs depending on gravity of injury.

DNA, brings to its readers expert’s take, where experts from a variety of fields take questions and give ready answers to issues close to citizen’s heart. Our experts will take your questions and offer their expertise. Today we bring to you our expert’s take on consumer issues. I had booked a 2-BHK flat in White City, Kandivali in October 2017. The Agreement was executed on 16th December 2017 with the promised date of possession as 30th June 2019. We find on MahaRERA website that the date of possession has been postponed to 29 June 2020. Till 1st August 2018 we have paid a total amount of Rs 1,20,40,727 out of total cost of Rs1,65,000. I have been paying the pre-EMI for housing loan and the house rent throughout the time period with the hope that we will get possession on 30th June 2019. We made lot of correspondence too. But till date there is no communication from them. In the above scenario, please guide to put up a fight against the builder.—R. Viraj As per Sec 18 (1) of Real Estate (Regulation & Development) Act, 2016, where the promoter fails or is unable to give possession of the flat to the allottee (i.e. home-buyer) in accordance with the terms of theagreement by the date specified therein, he must pay to the allottee for every month of delay the interest on the entire amount paid for, till handing over the possession. The rate of interest as prescribed in MahaRERA rules is SBI’s highest Marginal Cost of Lending Rate (MCLR) plus two percent. You should therefore write to your promoter quoting Sec 18 (1) of RERA and call upon him to start paying interest at the above rate to you per month from 1st July 2019 onward till you get the valid possession for the entire amount you have paid so far from the dates of respective payments made by you.In case the Promoter fails or denies paying you this rightful interest guaranteed under Sec 18 (1), you can file a formal complaint at MahaRERA to claim this amount on account of delay in giving possession as promised. Such Complaint is required to be filed on-line. MahaRERA Website gives details about how to file a complaint at MahaRERA. I understand new Consumer Protection Act provides stringent penalties and punishments for adulterated and spurious goods. Can you give details of these penalties and punishments? I also wonder whether Government will have enough machinery to enforce such stringent penalties. — Smita Deodhar Adulterated products The new CPA provides that whoever manufactures, stores, sells, distributes or imports product containing adulterant but does not cause any injury to consumer, he is liable for imprisonment upto 6 months and with fine upto Rs 1 lakh. But in case it causes injury, grievous hurt or death, the imprisonment increases right upto life imprisonment and penalty upto Rs 10 lakhs depending on gravity of injury. Spurious goods In case of spurious goods, there has to be an injury to the consumer and in such cases, depending on gravity of injury, the offender isliable for imprisonment from 1 year upto life imprisonment and fine from Rs 3 lakhs to 10 lakhs. The government is expected to provide adequate infrastructure to cope up with such enhanced responsibilities... (The author is Chairman of Mumbai Grahak Panchayat)

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