Consumer Connect: 'No One Allowed To Sell Defective Product And Get Away With It,' Says Expert

I had filed a complaint against a builder in MahaRERA for a refund of the Rs24 lakh I had paid for a flat. I have got an order from MahaRERA that the builder should refund me the amount with interest at MCLR rate + 2 % per annum from the respective dates of payments. I am afraid the builder may drag me in appeal.

Nilesh Shastri, Mumbai

The builder has a right to appeal under RERA. In your case, the appeal lies before the MahaRERA Appellate Tribunal (MREAT). However, Parliament, while framing RERA, has taken adequate precaution to discourage frivolous appeals. Hence, MREAT is mandated under Sec 43 (5) that no such appeal shall be entertained unless the builder first deposits with MahaRERA the total amount to be paid to the allottee including interest and compensation.

This requirement of depositing 100% amount at the time of filing the appeal itself should discourage the builder from filing one. Furthermore, if you have filed the complaint for seeking refund with interest due to delay on part of the builder to hand over possession to you, then you are legally entitled to full refund of your entire amount along with interest thereon at the rate prescribed under MahaRERA rules (which is current MCLR + 2 %) as per Sec 18 (1) of RERA, 2016.

In such a case, even MREAT will have no option but to confirm the order in your favour. Of course, RERA provides second appeal against the order of MREAT but that is on very limited grounds as mentioned in Sec 100 of Civil Procedure Code. In your case none of such grounds appear to exist. Hence, even if your builder tries to approach the high court, his chances of succeeding are poor. Thus, you have a good case fully backed by law. In view of such stringent legal provisions builders normally prefer settling the claims.

I had made online purchase of a travel bag with trolley in December 2022 by paying Rs3,500, with a five-year warranty. After my first overseas travel, I found the wheels of the bag are of poor quality and do not operate smoothly. Even the handle of the trolley does not move up and down freely. The zip chain of the bag too is very rough and operates with lot of effort. When I complained to the manufacturer he refused to entertain my complaint, saying the case is not covered under warranty terms. Where do I go to get a refund or replacement.

Pancham Rawat, Mumbai

I am not aware of the warranty terms in your case. However, notwithstanding the warranty terms, no manufacturer or seller is allowed to sell a defective product to consumers and get away with it, as per the provisions of the Consumer Protection Act, 2019. This applies to online shopping too. If the product is defective it has to be either repaired or replaced or the amount is to be refunded, depending on facts and circumstances of each case.

I suggest you approach the National Consumer Helpline (NCH), a central government complaints portal, where you can lodge your complaint by producing necessary documents and copies of correspondence. You can call on 1915 or 1800 114000 to register this complaint with NCH. You will not have to pay any fees for lodging your complaint. NCH will pursue this complaint on your behalf with the party against whom you have complained. The success rate of grievance resolution by NCH is very high and hence I suggest you pursue your complaint with it.

I had filed a case against a doctor before the state commission where he was directed to pay a compensation of Rs6.5 lakh on account of his negligence. The doctor has filed an appeal before the national commission where the matter is getting repeatedly adjourned for the past four years. Not only me, but even the appellant doctor is now fed up with this delay and has now offered to settle it by paying me Rs3 lakh. I am ready to settle but not with Rs3 lakh. What would you advise me? If we both parties agree to settle, pending the appeal, is it permissible?

Hemant Likhite, Mumbai

It reminds me of what our Chief Justice of India Dr Dhananjay Chandrachud recently advised litigants. He said, “Mediate, don’t litigate.” Interestingly, the Consumer Protection Act, 2019 provides for resolution of disputes pending before the commissions through mediation. In your case, I find that the appellant doctor is willing to settle the issue by paying you some amount. You too are willing to end the litigation, but the amount offered is not acceptable to you. In such a case, both parties can make an application to the National Commission requesting them to appoint a mediator to decide a mutually acceptable amount.

The mediator will facilitate a mutually acceptable amount. Once both parties mutually agree to this amount, consent terms will be drawn to this effect between both the parties and the same will be forwarded to the concerned bench of the National Commission.

The National Commission, after ascertaining the same from both parties, shall pass an order to that effect taking such consent terms on record. In fact, with the recent enactment of the Mediation Act, 2023, dispute settlement through mediation is going to provide considerable relief to litigating parties in various courts and tribunals.

(Dr Archana Sabnis is an expert on consumer laws who is practising at consumer disputes redressal fora at district, state and national levels since 2000. She is on the panel of conciliators of Maha RERA and is associated with the Mumbai Grahak Panchayat.)