Maximum consumer complaints filed in city against builders
Rebecca Samervel TNN
Mumbai: An RTI reply has revealed that the maximum number of complaints received by consumer forums in the Mumbai Metropolitan Region (MMR) pertains to housing. Of 24,278 complaints MMR’s six forums received in roughly the last 15 years, housing leads with 7,499, followed by insurance, which is a distant second with 4,291 complaints.
Experts say the reason is skyrocketing housing prices accompanied by increasing malpractice by builders. Unsurprisingly, the greatest chunks of housing complaints are from Thane (4,670) and Navi Mumbai (1,031), which have witnessed frenetic construction activity in recent years.
However, South Mumbai, which has MMR’s most expensive real estate pockets, received a comparatively low 702 complaints.
Few files a month enough to bury consumer courts under backlog
In July, Two Forums Did Not Dispose Of A Single Complaint
Over 25 years after the enactment of the Consumer Protection Act, consumer forums across the Mumbai M e t ro p o l i t a n Re g i o n (MMR) are battling the problem of pendency. While this is witnessed by other judicial bodies as well, what makes it exceptional in the case of consumer forums is that the number of cases received by them is not remotely close to what, say, the criminal courts receive.
The reply to an RTI application by activist Chetan Kothari shows that by August this year, the Thane consumer forum had the highest backlog of cases (1,721), followed by the Mumbai suburban forum (1,508 cases). Typically, the forums receive a few dozen complaints a month. For instance, in July, Thane received 42 complaints and the suburbs 59. The same month, the Thane and the Thane additional forum (which hears complaints from Navi Mumbai) did not dispose of a single case.
The numbers have gone up since June, when the Thane forum had 1,679 pending cases, the suburban forum 1,472, the additional suburban forum (distinct from the suburban forum) 658, the South Mumbai forum 646, the Thane additional forum 379 and the Central Mumbai forum 425.
Overall (after July), the additional Mumbai suburban forum has 673 pending cases, the South Mumbai forum 652, the Central Mumbai forum 467 and the Thane additional forum 416. Even cases that are 5-10 years old are pending. The suburban forum has the maximum of such cases (499), followed by Central Mumbai (370), Thane (81) and South Mumbai (76).
Advocate Anand Patwardhan blamed the problem on a lack of manpower and vacant seats across the forums. “The problem has persisted as there has been no appointment of members of late.”
This was also echoed by other experts. The RTI reply revealed that among Maharashtra’s 40 consumer forums, the posts of 34 presidents and 53 members lie vacant. Advocate Uday Wavikar said there were several forums in MMR that had completed stopped functioning because of vacant seats.
This, he said, puts burden on forums already dealing with backlog. He said several technicalities introduced in the filing of complaints had made the process tedious. “This further delays case disposal.”
Referring to a lack of infrastructure, he said, “The number of forums, even if fully occupied, isnot enough for MMR. While Delhi has 12 consumer forums, Mumbai proper has just four.”
An activist said, “There is growing awareness among consumers, especially because of cases being reported in the media. But the forums have not been able to keep up. The situation should be remedied.”
In July, Two Forums Did Not Dispose Of A Single Complaint
Over 25 years after the enactment of the Consumer Protection Act, consumer forums across the Mumbai M e t ro p o l i t a n Re g i o n (MMR) are battling the problem of pendency. While this is witnessed by other judicial bodies as well, what makes it exceptional in the case of consumer forums is that the number of cases received by them is not remotely close to what, say, the criminal courts receive.
The reply to an RTI application by activist Chetan Kothari shows that by August this year, the Thane consumer forum had the highest backlog of cases (1,721), followed by the Mumbai suburban forum (1,508 cases). Typically, the forums receive a few dozen complaints a month. For instance, in July, Thane received 42 complaints and the suburbs 59. The same month, the Thane and the Thane additional forum (which hears complaints from Navi Mumbai) did not dispose of a single case.
The numbers have gone up since June, when the Thane forum had 1,679 pending cases, the suburban forum 1,472, the additional suburban forum (distinct from the suburban forum) 658, the South Mumbai forum 646, the Thane additional forum 379 and the Central Mumbai forum 425.
Overall (after July), the additional Mumbai suburban forum has 673 pending cases, the South Mumbai forum 652, the Central Mumbai forum 467 and the Thane additional forum 416. Even cases that are 5-10 years old are pending. The suburban forum has the maximum of such cases (499), followed by Central Mumbai (370), Thane (81) and South Mumbai (76).
Advocate Anand Patwardhan blamed the problem on a lack of manpower and vacant seats across the forums. “The problem has persisted as there has been no appointment of members of late.”
This was also echoed by other experts. The RTI reply revealed that among Maharashtra’s 40 consumer forums, the posts of 34 presidents and 53 members lie vacant. Advocate Uday Wavikar said there were several forums in MMR that had completed stopped functioning because of vacant seats.
This, he said, puts burden on forums already dealing with backlog. He said several technicalities introduced in the filing of complaints had made the process tedious. “This further delays case disposal.”
Referring to a lack of infrastructure, he said, “The number of forums, even if fully occupied, isnot enough for MMR. While Delhi has 12 consumer forums, Mumbai proper has just four.”
An activist said, “There is growing awareness among consumers, especially because of cases being reported in the media. But the forums have not been able to keep up. The situation should be remedied.”
FILING AN APPEAL
When the refrigerator sputters and dies down during the guarantee period or when the builder promises more than he can deliver, it’s time to head to the consumer court. Here’s how you can exercise your rights:
Write a letter to the manufacturer/ dealer outlining the problem and seeking an explanation
If you do not get a reply in 15 days, file a complaint before the district consumer forum. The format is available at the state consumer commission’s office. Attach relevant correspondence, bills and an affidavit
Your complaint has to be admitted by the forum within 21 days. The court will then issue notices to the manufacturer/dealer, who has to file a reply in 30 days. A 15-day grace period, too, is given
If the forum does not receive a reply, it can hear the matter ex parte and pass orders
If you are not satisfied with the forum’s order, you can file an appeal before the state commission and then before the national commission
When the refrigerator sputters and dies down during the guarantee period or when the builder promises more than he can deliver, it’s time to head to the consumer court. Here’s how you can exercise your rights:
Write a letter to the manufacturer/ dealer outlining the problem and seeking an explanation
If you do not get a reply in 15 days, file a complaint before the district consumer forum. The format is available at the state consumer commission’s office. Attach relevant correspondence, bills and an affidavit
Your complaint has to be admitted by the forum within 21 days. The court will then issue notices to the manufacturer/dealer, who has to file a reply in 30 days. A 15-day grace period, too, is given
If the forum does not receive a reply, it can hear the matter ex parte and pass orders
If you are not satisfied with the forum’s order, you can file an appeal before the state commission and then before the national commission
Source::::: The Times of India, 04-10-2012, p.04. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW
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