KOCHI: A trader charges above MRP, what action can be taken? Whom should we complain to, and under which act?
— Anonymous
In most of the retail shops and in some wholesale stores they collect more than the MRP which is against law. However, they threaten the buyer if they want a bill for the goods purchased. They will put commercial tax (presently GST) and many people bargain for the same and pay little more than the MRP. To complain against deficiency in service, one has to go to the Consumer Forum (available in 3 stage — District, State and National — depending on the value of the claim).
But for few rupees of loss and to gain the same including for some compensation, one has to spend more money than what is to be received. The Consumer Act provides for group action done by any consumer welfare forums and hardly such class actions are ever undertaken. Besides, the huge pendency of cases in these forums will take a minimum of two to three years to know the results.
Our association's new AGM has made a new rule/law charging different maintenance rates for resident owners/ tenants as families/ tenants as bachelors-singles. Is it legally valid to charge 10 per cent extra from families staying as tenants and 16 per cent extra from bachelors?
— Govindarajan
Normally, in the resident association meetings, the tenants have no voting rights and most probably the absentee land owners will never attend these meetings and always agree with the decision of the resident owners who, over the period, become a minority group, but nevertheless dictates terms to others because of their ownership of the property. As it is, the tenants who will have to pay as per the decision of the association, failing which they will have to have some agreed term with their land owners in sharing the maintenance cost.
I hold a land in Chennai which I purchased in 1995 from a woman, who had purchased it from another person. I have clear patta and sale deed reflecting the land in my name. The issue now is that this land was initially held by a man in 1914 and as per a will, he has assigned this property to his wife, who subsequently sold the land post her husband's death.
My purchase is about the third sale post the initial sale. The current intended buyer is asking us to provide a copy of the will which was done in 1914 where he has assigned this property to his wife. This said document was not taken by me at the time of purchase of this property. When the patta, sale deed and all other documents are clearly showing my name, is it still necessary to provide an old will document dated more than 100 years ago to prove the validity of the land ownership? What should be our response to the buyer on this requirement which he is seeking?
— Anitha
You cannot convince the intending buyer about the futility in seeing the original will which gave rise to the succession of the property. Get a buyer who is satisfied with the existing documents which are more than enough. All that the intending buyer must do is to apply for a encumbrance certificate for 12 years and see whether the property was subjected to any burden.
Our cable operator recently increased the charges giving a comprehensive package of different channels we can view. But since the past one and half months he has withdrawn one of the popular channels which was included in the package. Despite repeated demands, the operator is evasive and not taking any action to restore the channel. What's the proper course of action I can initiate on the operator?
— R Viswanathan
Change the cable operator and go for a person who offers the channel which you wanted