Monday Post

In this last Monday of Nov 2019, some interesting news which I want to share with you all. The most interesting story still going around is of Govt formation in Maharashtra, and I am not writing about the same, as the matter has reached Supreme Court level, and the outcome of the same will affect the next course of action of all the political parties. The other interesting news stories are as follows

1 Cricket- What India achieved by beating minnows Bangladesh in 2 Test Matches, and both within 3 days. The second test match which was first day and night test match in India with pink ball, could have finished in two days, if captain Virat Kohli had declared India’s inning half an hour earlier. The media over hype of  day & night test cricket being played with pink ball, brought the cricket loving public to Eden Gardens in Calcutta, and  Cricket Association of Bengal (CAB) collected good gate money for 3 days, which must have boosted the coffers of CAB. India playing test matches with teams like Bangladesh, Afghanistan or Ireland are no match, as far as cricketing abilities of these teams are concerned. India must have gained valuable points for the ongoing test championship, as per ICC’s norm, but India’s real test will come when India visit Australia in the early part of next year. Then the contest will be between 2 cricketing nations with matching cricketing abilities. No doubt Indian test team is at their best now, with best Test/limited overs match pace attack in the world with bowlers like Ishant Sharma , Mohd Shami, Umesh Yadav, and top pace bowler of the world Jasprit Bumrah who was rested for Bangladesh series and remember pace bowler like Bhuvaneshwar Kumar is finding it difficult to get the place in test team. It was a rare instance when in Calcutta test with Bangladesh, all the wickets of the opposing team were taken by Indian pacers. A world class spinner like Ravichandran Ashwin did not bowl even in first innings.

2 I came across a very interesting case which happened in National Commission for Consumer court. Two brothers had booked a commercial place to start their business in Chandigarh with the developer of the project Chandigarh Oveerseas. A advance payment of Rs 20 Lacs was made, when the total cost of the property was Rs 33 Lacs, with the promise by developer that possession of the said property will be handed over by March 31, 2011, which never happened. The balance payment of Rs 13 Lacs was also collected by developer on June 15, 2011 but the possession was not handed over till 2018.

Then brother after getting disgusted with developer filed a complaint with Punjab State’s Consumer Commission, which ordered refund of entire amount with 12% interest, Rs 50,000 in punitive damages and another Rs 50,000 for harassment, mental agony and litigation cost.

The developer appealed to the National Commission arguing that the complaint was beyond limitation as it was filed more than 2 years after the agreed date of procession. Rejecting this argument, the National commission held there was a continuing wrong as neither possession nor refund was given. The developer then argued the complainants have booked the premises for commercial gains and they  never intended to start their business. This claim of developer was also rejected as there was no evidence to support their claim. Next developer argued that the possession could not be given due to circumstances beyond their control. The Commission remarked that it was duty of developer to see everything was in order regarding various permissions for the required project, before entering into contract with the complainant,  and the contract stipulated the possession date. So in this case consumer can not be made to  bear the burnt of such problems. The Commission also castigated the developer for deficiency in service and for adopting unfair trade practices of executing  an agreement without having all the approvals in place and holding on to the payments over a prolonged period.

The National commission dismissed the developer’s appeal with further costs of Rs 50,000 payable to the suffering party and Rs 1 Lac payable to the Consumer Legal aid Account.  In fact the amount payable by developer increased after they appealed to the National Commission.

It is an absolute fact that thousands of consumers suffered in the hands of these so called developers/builders, who promised some thing and never deliver in time and some times hand over the premises which has so many discrepancies  as compared to the agreed terms. In my opinion this was a very wise decision by the Nation Commission for Consumers, at least these types of scrupulous developers  will learnt a lesson. Every consumer when faced with these type of circumstance, should always correspond with the developer in writing and if there is deficiency  in service or product immediately approach Consumer court.

Waiting for your views/feed backs/comments.

Anil Malik

Mumbai, India

25^th Nov 2019