Mumbai
Our experts will take your questions and offer their expertise.
Updated : Aug 13, 2019, 07:53 AM IST
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.
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 the
agreement 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.
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.
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)