No time specified for delivery of Flat by Builder

  MOFA –  No time specified for handing over possession of the Flat to purchaser in Sale Deed as required under Section 4 of Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 I have come across several cases where Builders take money from purchasers of flats, even execute the…

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MOFA –  Non Execution of Sale Agreement

MOFA –  Non Execution of Sale Agreement under Section 4 of Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963   I have come across several cases where Builders take money from purchasers of flats, but do not execute the mandatory sale agreement. In case of dispute, they raise…

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Title Deed of Property lost by Bank

  There are instances where the title deeds of property deposited with Banks for loans taken are lost by the Banks. What then? This issue came up before the National Consumer Disputes Redressal Commission, New Delhi. By its order dated 10 January 2018, the National Consumer Disputes Redressal Commission awarded compensation of  Rs. 10,00,000.  …

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NO AGREEMENT FOR SALE, NO REFUND, RULES MAHARERA, MUMBAI

  NO AGREEMENT FOR SALE, NO REFUND, RULES MAHARERA   Brief Facts A group of 15 persons who had booked flats in JVPD Properties Pvt. Ltd. (commonly known as Bhagtani group) Serenity project in Powai  filed a complaint with the MahaRERA, Mumbai  claiming refund of the amounts paid by them to the builder together with…

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No objection certificate is not required from the advocate on record when a new advocate files Vakalatnama

No objection certificate is not required from the advocate on record when a new advocate files Vakalatnama   Sometimes Litigants are not happy with their Advocates and want to change them.  But the Advocates demand money and resort to arm twisting to return the case papers and to give no objection. The law on this…

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Maruti dealer ordered to give a new car to the purchaser in lieu of defective car.

Maruti dealer ordered to give a new car to the purchaser in lieu of defective car.   Grievance   The complainant had booked Maruti Swift Dzire ZXI car with an authorized dealer of Maruti cars. The complainant had paid Rs.40,000/- by cheque on 29/01/2009 at the time of said booking. On 23/02/2009, when complainant visited…

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Consumer Protection Act – Reply to complaint should be filed within 45 days, rules SC

Consumer Protection Act – Reply to complaint should be filed within 45 days, rules SC The Consumer Protection Act (CPA) stipulates that the party against whom a complaint is lodged must file its reply within a particular time frame – 30 days which can be extended by up to 15 days. But this stipulation has…

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Robbery of Bank Locker ……whether bank is liable for loss to the customer

  Robbery of Bank Locker ……the bank is liable for loss to the customer under the Consumer Protection Act    Gist June 13, 2017 26 lockers at a Punjab National Bank (PNB) branch in Ghaziabad near Delhi emptied out. CCTVs not working, no guard at bank. Robbery during week end by gang drilling hole into…

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