I had purchased an apartment from a builder relying on his promise that I can cover my balcony and convert it into a room later on. But now our society is not giving me permission to cover it. What remedy do I have against the society?
KK Rao, Andheri
In your case, you cannot legally proceed against your society since converting an open area into a closed room amounts to illegal construction. The society cannot give you permission for such illegal construction. You can cover the open area only during the rainy season, by temporary means such as tarpaulin, etc. If at all you want to convert, you will have to obtain permission from the local authority.
In your case, the builder has misrepresented you. You can file a complaint against the builder for adopting Unfair Trade Practice before the consumer commission, provided you have documents to prove that the builder had misrepresented you and your decision of purchasing that apartment was taken solely relying on such misrepresentation.
I had ordered an electric hand mixer from an online platform. I paid the full amount in advance through my debit card. When the machine was delivered to me, after opening the pack I noticed that its blade was broken and the machine was not working at all. I am trying to contact their customer care number but in vain. What remedy do I have?
Oliver D’Souza, Bandra
All online platforms are required to have their registered office in India and it is mandatory for them to have their own grievance redressal mechanism. You can try to register your complaint before their grievance redressal cell. If your complaint is not solved to your satisfaction, you can lodge your complaint before the National Consumer Helpline. It is an online grievance redressal mechanism created by the central government along with convergence partners. You can lodge your complaint online or on a toll-free number – 1800-11-4000 or 1915 – or by sending an SMS to 8130009809.
My son goes to a well-known school in Mumbai. Now he is in the sixth standard. The school has asked us to get stationery, books and uniforms from particular shops only. There is a vast price difference in the stationery supplied by these shops and that available in a wholesale market. Can a school compel us to purchase stationery, books and uniform from a particular shop?
Shreyas Bhakle, Dadar
No, the school cannot compel parents to buy stationery, books and uniform from a particular shop at higher prices than the market. This amounts to Unfair Trade Practice. The school can make the stationery available for the children, maybe at a discounted rate or at a rate at par with the market just for the sake of convenience, but it cannot make it compulsory to purchase from a particular shop.
In such cases, you can lodge a complaint with the District Education Officer.
As far as CBSE schools are concerned, the CBSE board has permitted, vide it's circular dated April 12, 2016, schools to open small outlets for the supply of only NCERT books and stationery items. However, the schools cannot charge more than MRP for these items. Also, the schools cannot force the children to buy textbooks other than NCERT / CBSE textbooks from the school.
(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 MahaRERA and is associated with the Mumbai Grahak Panchayat.)
