Consumer Cases

Unfair trade practice adopted by carpenter

After nearly five months, the carpenter referred to has consistently failed to complete the work on time as initially promised. Despite releasing funds in accordance with the work and timeframe, the carpenter has offered constant excuses and explanations for the delays. Furthermore, there have been issues with materials being delivered late. After waiting patiently for an extended period and having multiple follow-up attempts, the carpenter is now introducing false additional charges and harassing the client, even though 90% of the quoted amount has already been paid.

The work was not supervised adequately, and there was no dedicated supervisor overseeing the project. Inspections were infrequent, typically occurring once every two weeks or even a month, and the client had to repeatedly contact the carpenter for progress updates. To address this situation, guidance on appropriate actions to take is requested.

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Builder not providing parking spot as per the approved plan

Of the total parking slots allotted, two flats, 1503 and (705-6) are allotted spots on ‘humanitarian grounds.’ These two homes pay INR 2500+ per month for parking. Nominal parking rates in the building are Rs 200 per month. These houses with nominal parking rates have bought/included a parking spot as part of their main agreement itself. Currently no parking in the building is under stilt or in the garage. All cars are parked in the open and have no assigned/designated spots. In 2017, a SGM resolution was passed to take parking charges from flat 1503 (mine) as part of monthly maintenance. However, since Jan 2023, I have been asked to pay these charges in advance. Parking charges have been paid up to September 2023 in two instalments. Both the above instalments have been paid under ‘delayed circumstance’ due to the ongoing discussions to add, A total of 45 parking spots have been approved by BMC K-Ward and 1 each has been made available to tenants/members in houses with carpet area above 70 M.sq. One of the two houses is mine, aka 1503. (can share the exhibit if needed) My question therefore is:
1. Can the builder and later the society make allocations against the BMC’s approved list? 2. If yes, can I as owner and member of flat 1503 – question the MC/society and get my parking spot back? 3. Can the MC charge different rates for parking spots, those given via agreement and to those on ‘humanitarian grounds’? How do I fight this and what precedences and legal recourse do I have? Details: I am the house owner. The house is in Andheri, Mumbai, Maharashtra The building has two banks – which have been allocated 10 instead of 7 spots as per BMC approved list (can share if needed).

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Motor vehicle repair issue

My car broke down on Feb 4, 2023, due to overheating issues and I googled for nearest garage and called them, a person came and inspected and towed the vehicle to garage, after couple of days he gave an estimate of Rs62000 and list of spares and I checked the spares online and found reasonable, so suggested mechanic that I will provide the spares and he refused it. I settled for Rs 50000 with couple of spares, engine oil. 30000 advance was paid in next couple of days. After regular follow telephonically, WhatsApp and visiting physically more than 10 times, it’s been 3 months now and also paid 15000 (total 45000).

Still, he is not delivering the vehicle. Also he called me and said  major spare part  is available  in local scrap shop for a bargained price of 13000 from 18000 , and informed without that spare it is impossible to repair the car, so I checked online and ordered a compatible spare for 6000, later he asked to cancel the order, I was not able to cancel it after delivering the spare he installed and said we are seeing error in scan results, so he installed the spare bought from scrap dealer, later he mentioned there is a problem with ECM spare, he took another 15 days to get that work done, but he has opened the engine for the 3rd time.  And now it’s April 21, 2023, I am in my relative marriage with lot of arrangements to be done, he calls 15-20 times in a span of 10 min for money.

He will be charging another 30-35k for new spares, sensors, self-start component is burnt. 15 ltr of petrol is taken as well. Please suggest me for further process and teach this day light looter a lesson for life, he has no GST Registration, I am pretty sure he has not filed IT returns. I am really tortured because of this person; I really want him to go through some income tax complications.

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Mobile is not repairable due to manufacturing defect

Mobile is not repairable due to a manufacturing defect, but the manufacturer is saying that it was my fault for not handling the mobile phone properly. I am an engineer and have good knowledge of technicalities regarding mobile phones and all electronic gadgets. Now, I am facing a huge loss due to the manufacturing defect in the mobile phone. There is no grievance redressal system for the manufacturing defect in the mobile phone. The company is cheating its customers. They are a China-based company and are not taking proper care of their customers. It sounds bad. Please help.

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Can an owner of a truck file a case in the consumer forum for deficiency in service?

Is it possible for the owner of a truck to file a case in the consumer forum for a deficiency in service? I bought a truck for the purpose of earning money, but after a while, I discovered several issues with it. Despite making multiple complaints to the showroom and the truck company’s officers, no action was taken. As a result, I suffered sign-`ificant losses since I was unable to use my truck and earn from it. 

Nonetheless, I have been paying my monthly instalments on time with the hope that the company would resolve the issue. However, after numerous requests and notices, they declined to fix the problems. Consequently, I filed a case in the consumer forum. However, the company’s lawyer argues that since the truck was purchased for commercial purposes, the case before the consumer forum is not maintainable. I need help determining whether or not my case is maintainable.

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Remedy against the order of state consumer commission passed in review petition

I am the complainant before the district commission and claimed damages because slabs of my house leakage due to supplying spurious cement.  I filed I.A.2 to produce the documents of respondent .  I.A -2 rejected by district commission creating suo moto  false statement. Against this I filed a Revision petition before the state commission and it was also rejected, further I filed a Review Application before the state commission. It is also rejected by a single member without giving me proper opportunity. 

Now  under which section I should file Rev.Pt/Appeal before national commission delhi. Further under which section I have to file I.A for stay of proceedings. Please guide me.

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My baby became blind due to negligence of doctor

My baby became blind due to the negligence of the doctor. He did not treat my baby’s blindness. My baby was premature with 28 weeks gestation therefore, needed special treatment. He discharged my baby after keeping her for sixty days in the NICU. We came to know about her blindness after six months when another doctor was diagnosed. Thereafter, we consulted many renowned paediatricians and ophthalmologists. But the result was the same and my baby has lost her sight permanently. Can I take any legal action against the doctor? Please Help.  

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