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.”  

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

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

Why not deem transgenders the third sex, SC asks govt

TIMES NEWS NETWORK 

New Delhi: The Supreme Court on Monday asked the Centre and states what could be done to give back the historically and culturally deprived transgenders their fundamental rights and whether they could be categorized as the third sex after male and females. 
    A bench comprising Justices K S Radhakrishnan and Dipak Misra termed the deprivation of transgenders a serious matter and issued notices to the governments after hearing brief arguments from senior advocate L Nageshwar Rao, who appeared for the petitioner, National Legal Services Authority (Nalsa). Discharging its obligation under Section 4(d) of Legal Services Authority Act, 1987, mandating the body to initiate ‘social justice litigation’, Nalsa said, “Transgenders are deprived of social and cultural participation, are shunned by family and society, have only restricted access to education, health services and public spaces, restricted rights to marry, right to contest elections, right to vote, employment and livelihood opportunities.” 
    “The transgender community, generally known as hijras in India, is treated by society as unnatural and generally as objects of ridicule and even fear on account of superstition. The community is treated as a legal non-entity in violation of rights to equality, non-discrimination, equal opportunity and right to life guaranteed Article 14, 15, 16 and 21 of the Constitution,” Nalsa said in its petition. 
    Their discrimination based on their class and gender made the transgender community one of the most deprived and disempowered groups in the Indian society, it said. 
    “In view of the constitutional guarantees, the transgender community is entitled to basic rights that is right to personal liberty, dignity, freedom of expression, right to education and empowerment, right against violence, discrimination and exploitation and right to work,” Nalsa said.


Source::::: The Times of India, 02-10-2012, p.11. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

Mum Varsity Decentralizes Distance Education Exams

Yogita Rao TNN 

Mumbai: Distance education students in the current TYBCom batch will be spared of the confusion that marred the March 2012 exams. Putting an end to the chaos, the university at a recent Board of Examination (BoE) meeting decided to decentralize the examinations conducted by the Institute of Distance and Open Learning (IDOL) from March 2013. 
    The IDOL, which was part of the Mumbai University for several years, will now conduct its own exam. The date, time, question papers and the exam centres for over 60,000 students of IDOL’s undergraduate and post-graduate courses will be different from the ones in regular colleges. Though the results will be declared by the university, the examination process has been completely decentralized. 
    Subhash Deo, director of examinations of the university, said, “The paper pattern of the exam has changed for regular students. Also, in the regular course, students will be appearing for the exam in the new credit-based semester system. While students of the regular course are attempting 60-mark paper, IDOL students have to appear for a 100-mark paper.”

Source:::: The Times of India, 03-10-2012, p.05. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

Flat handover delay, missing amenities to cost builder 2L

Nitin Yeshwantrao TNN 

Thane:Abuilder hasbeen fined Rs 2 lakh for the delay in handing over possession of threeflats to the two buyers and non-compliance of a written promise to provide basic amenities to the residentsof HillPalacebuilding near Upvan Lake here. The Thane District Consumer Disputes Redressal Forum also directed the builder, M/s Patsons Engineers, to pay Rs 10,000 towards cost of legal expenses borne by the two buyers and an additional Rs 1,000 for failing to provide the piped gas line to their flats as the builder had promisedinitially in 2006. 
    President of the consumer forum, R B Somani, and member Jyoti Iyer ruled in favour of the two residents—Priyank Kumar and Kiran Madhav Prasad-—who had dragged the builder for lapses. 
    It is learnt that the builder had assured to hand over the flatsin May2006 and alsooffered a string of amenities, including asafety door, power back-up andborewell facility within the premises of the high-rise overlooking the Yeoor forest in Thane(West). 
    The two had approached the builder in Feb2006 andwereconvinced into buying three flats of different sizes. An upfront payment of Rs 10.80 lakh, Rs.17.55 lakh and Rs.10.80 lakh respectively was made to the builder, who assuredthem of flat possession by May 2006. Besides a collective Rs 39.15 lakh paid by the duo to the builder, they also shelled out Rs 2.13 lakh towards miscellaneousexpenses. 
    Thirty-three months after the promiseddateof possession, the builder handed over keys to the flats in April 2009. Not just that,theflatswere a far cry from what was promised—safety door, power back-up, borewell, etc were missing from the new flats and neither was any possession certificate or an Occupation Certificateissued. 
    The Forum ruled it as “unfair trade practice and sheer deficiency in services’’ on part of thebuilder.


Source:::: The Times of India, 03-10-2012, p.04. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

From tomorrow, you can register property at your convenience

Sandeep Ashar TNN 

Mumbai: Starting Thursday, island city residents will not have to skip work to register their property documents. For, the state government will provide a new facility that will allow them to register their property documents virtually throughout the day—from 7 in the morning to 9 in the evening. 

    At present, registration of property documents takes place between 10am and 5pm. Revenue minister Balasaheb Thorat will inaugurate two new offices at Adarsh Nagar in Worli as part of the new arrangement. 

    While one office will function from 7am to 2pm, the second will operate between 2pm and 9 pm. “This will allow office-goers to register property documents before or after office hours,” said S Chockalingam, inspector general of registration and stamps. 

    A similar arrangement for suburban residents is being readied in Khar (on the telephone exchange premises on Linking Road). Chockalingam said the suburban facility will be operational by month-end. 

    On June 20, TOI had carried a news report highlighting the government’s plan in this regard. “With the inauguration of the two offices in Worli, the number of offices for transaction in island city will go up to five. The new facility will ease the burden on the existing setup,” said Chockalingam. 

    In the next few months, the state plans to set up more offices in the city, which sees an average 2 lakh document registrations annually.

Source::: Times of India, 03-10-2012, p.02. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

36TH ALL INDIA CRIMINOLOGY CONFERENCE OF THE INDIAN SOCIETY OF CRIMINOLOGY (ISC) 15-17 February, 2013

MAIN THEME: “Rethinking Criminal Justice in 21st Century”



For more details pleases visit the following link: http://www.nludelhi.ac.in/pdf/36TH%20%20CRIMINOLOGY%20CONFERENCE%20OF%20ISC.pdf

Builders Cut out of Resale Deals

If developers do not give conveyance certificates, Govt. will

Sudhir Suryawanshi l Mumbai

Developers will no longer have a say in redevelopment or resale plans, the state government recently announced. So if you are still to get the conveyance certificate of your flat, do not despair. The state housing department has a backup plan. If a builder has failed to give a conveyance certificate within four months of completion and handing over flats, the local deputy registrar’s office will issue a deemed certificate.  This effectively means no objection certificates from developers will not be needed anymore. It is well-known that builders/developers deliberately hold on to conveyance certificates even after handing over flats to buyers. Till now certificates were a must for redeveloping or reselling flats. Even banks made NOCs from developers compulsory while disbursing home loans. Ramesh Prabhu, chairman of Maharashtra Societies Welfare Association (MSWA), said developers often exploited buyers in the name of certificates. “They charge Rs500 per square feet on average while giving NOCs in connection with resale of flats or seeking bank loans to buy a flat or registering housing societies or simply going for redevelopment,” he said. “I hope, this new circular will curb the malpractice in the housing sector.” The state housing department has already informed the property registration and stamp duty department and the City and Industrial Development Corporation (CIDCO). “The deputy registration officials at the district level will call a housing society and the building’s developer if certificates are not issued,” Prabhu said. “And they will issue deemed certificates in case the builder hasn’t issue any within four months of handing over flats.”  Advocate Mahendra Sandhanshiv said the state housing department’s decision will stop developers from exploiting flat buyers. “As it is housing rates are very high. And then there is developer’s commission in exchange of NOC. “Even after selling a flat, a developer continues to reap monetary benefits by holding on to certificates,” he said. “Now that will stop.” Despite repeated attempts, Paras Gundecha, president of the Maharashtra Chamber of Housing Industry, could not be contacted. Source::::: DNA, 01-10-2012, p.01.  http://epaper.dnaindia.com/