Wednesday, 24 April 2013

4 Important documents that should be kept in your car


Traffic cop in India can demand documents pertaining to your car, at any time, even if you have not violated traffic law. Hence, it is very essential to maintain certain documents in your car, at all time. There are many documents that you are required to keep in your car. The Article provide a list of the most 4 important documents that should be kept in your car and consequences if the documents are not kept in your car.

Are you driving a car in India? Apart from mad traffic, you need to be also alert from traffic cops. Traffic cop in India can demand documents pertaining to your car, at any time, even if you have not violated traffic law. Hence, it is very essential to maintain certain documents in your car, at all time. There are many documents that you are required to keep in your car. However, your car should not look like a book shelf, hence, have listed the most 4 important documents that should be kept in your car and consequences if documents are not kept in your car.


Driving License:

Driving license is a proof that you know driving. Hence, it is very important to have a valid driving license in your car. Driving a car without a license is illegal in India. Driving a car without driving license is an offence under Indian law and punishable with a maximum penalty of Indian Rupees 500/- or an imprisonment for 3 months. The law also provides for punishment with both penalty and imprisonment

Registration Certificate Book:

Registration Certificate Book is popularly known as RC book. When a new car is purchased, the car is required to be registered with the Regional Transport Office. RC book is issued to the car owner as a proof of registration of the car. RC Book is a proof that you have registered your new car and you are the owner of your car. Hence, it is very important to have a RC book in your car. Driving a car without a RC book is illegal in India. Driving a car without RC book is an offence under Indian law and punishable with a maximum penalty of Indian Rupees 2000/-.

Insurance policy:


Driving a car without a valid insurance is punishable offence under Indian law. Hence you must obtain insurance for your car. Insurance policy of your car must be kept in the car. Driving a car without a valid insurance is punishable with a maximum of Indian Rupees 1000/- or an imprisonment for 3 months. The law also provides for punishment with both penalty and imprisonment.
Pollution under control


Pollution under control is popularly known as PUC. It is important that you must obtain PUC for your car. PUC of your car must be kept in the car. Interestingly, driving a car without a valid PUC is not a punishable offence.

So be careful, the next time you start your car, please ensure that the above documents are kept in your car. Happy driving!

Sunday, 21 April 2013

Stop Corruption:





Please do not pay fine to traffic police immediately, if you have document you can show it within 15 days. This is the information received by a person as a reply to his RTI. Please share it and help us to stop corruption. 

Saturday, 20 April 2013


Things to know about consumer:

We have just putting down some basics for understanding of consumer courts:

1) Who is a consumer? A person who consumes is called consumer and the product/ service he avails must be for some consideration. Free services and products/ services availed for a commercial purpose doesn’t come under Consumer protection act.

2) Where to approach? If the value of claim is under 20 lacs, you can approach District Consumer Forum, for claim between 20 lac to 1 crore, you can approach State Commission and for claims more than Rs 1 crore, you can approach National Commission.

3) What relief can consumer forum/ commission give? The consumer forum can provide you required relief along with compensation and damages and legal fee.

4) What if I have an agreement with builder for penalty clause? Even if you have an agreement with builder for penalty clause, the consumer forum can still grant you relief for damages and compensation which is not driven by the agreement executed between the parties.

5) What if the agreement contains an arbitration clause? Even if the agreement contains an arbitration clause, there is no bar for consumer forum to proceed with the cases and the relief can be granted independently.

6) What if the agreement contains a territorial jurisdiction clause? The consumer protection act defines the forum/ commission jurisdiction and the consumer forum/ commission jurisdiction is not driven solely by the jurisdiction clause in the agreement.

7) What is the limitation period for filing complaint? The consumer protection act defines the limitation period as 2 years from the cause of action. For example, if you have bought a Television, which got some problem in May 2010, then you can approach the consumer forum by May 2012.

8) Is the limitation also approlicable where builder didn't handover possession of the plot/ flat? This is a bit tricky. Suppose you bought a flat, the possession of which was required to be handed over in December 2009 but the builder didn't handover the same to you. Now if we simply construe the provisions of the act, the complaint must have been filed by December 2011 but it is not the case. As the builder has neither given you possession nor refunded the money, the cause of action is continuous and the said limitation clause is not applicable.

9) What if I get the order in favor but the opposite party doesn't comply with it? You can file execution applications under Section 25 and 27 of consumer protection act before the concerned forum and the opposite party may be imprisoned under Section 27 and under Section 25, the amount may be recovered by sending the recovery certificate to Deputy Commissioner/ District Magistrate.


Apka Fayda Lets Evolve Together : Thingsto remember before signing the MOU with a B...

Apka Fayda Lets Evolve Together :
Thingsto remember before signing the MOU with a B...
: Things to remember before signing the MOU with a Builder: After all the running around you have finally made up your mind and chosen ...

Things to remember before signing the MOU with a Builder:

After all the running around you have finally made up your mind and chosen your dream home. Do you think it is the end of your worries and it’s just a matter of time and you’ll soon sign the ‘sales agreement’ to become a proud home owner?
In reality post-selection procedure is more crucial than the selection procedure. Are you are wondering why and how? This is the stage where one actually has to pay for a home from his life’s savings.
Rather than reading and analyzing the impact of each and every clause in the agreement or consulting a property lawyer, most of the times buyers simply sign it. They usually think it’s too long or they simply ignore it as the language is too technical or at times they are overwhelmed about owning a house and hence, fall in the trap. Developers take advantage of the buyers’ ignorance and draft agreements which are highly biased towards the developers.
It’s not that you need to be careful only when dealing with grade B or C developers. As a matter of fact most of the well known develops in India, including the likes of DLF and BPTP have also been questioned and penalized by CCI in the recent times for taking buyers for a ride.
Here is a list of checkpoints that a buyer must keep a check on before signing the sales agreement with the developer:

1. Firstly a sales agreement is a legal document that lists the terms and conditions of the transaction. These are agreed upon by the parties involved and bind the parties to fulfill their part of the commitment.

2. Most of the contracts have a clause stating that the given plans are tentative and therefore, there can be alterations in the final product. Also, the final price of the house is adjusted accordingly. There should always be a mention of the permissible extent of such changes.

3. Usually the builders sell on super built up area which includes the actual area of the house along with an unaccountable addition for common spaces. One should be careful and should make the developer include the details of carpet area and super area in the agreement.
This also gives the buyer an account of the extra charges demanded with respect to alterations in the plans at a later stage.

4. Details of all the charges starting from the basic cost of the house to all the extra charges the buyer has to bear should be clearly mentioned. All the levied charges like utility charges, maintenance fees, club house membership charges, parking charges should be included in the agreement.
There have been cases especially in Mumbai where developers have sold the parking to external parties even when as per the contract they belong to a resident of the society.

5. Details of the payment plan for disbursement of future payments must be included.

6. The person responsible for paying the government taxes like Municipal Tax, Sales Tax should be included.

7. Delay in delivery of the project is not uncommon today. A developer knows beforehand that in most of the cases he would not be able to stick to the execution plan. They promise a petty amount as a delay fees say Rs 10 psft per month. But on the other hand almost all the possible delay clauses are covered in the agreement leaving the buyer with heavy EMIs but no house to live in.
Rather than accepting figures like 2 years from starting of the project one should insist on the exact date to be stated in the agreement.

8. Unlike the tiny delay fees, the penalty charged for delay in payment from the buyer is hefty say Rs 50 psft or even Rs 250 psft or Rs 500 psft. A developer can charge anything for a tiny mistake or delay on buyers end.

9. There are times when the government alters the building norms. To density the developed city areas they increase the FAR (Floor Area Ratio). It should be clearly stated who owns and gets the benefit out it.

10. Another critical and must do point is registering the sales agreement to avoid litigation at a later stage. Being a legal document it helps in case of a fraud and creates a public record of your property.

In case of any discrepancy a buyer should always go to the consumer court as they favor buyers. Also, buyers facing similar problems should collectively work on the issue to build up pressure on the developer and other concerned parties. Consumer forums and other social networking mediums are also strong in today’s time.

In the end, with absence of any regulation defining real estate practices in India, it is a buyers’ duty to check the agreement before signing it. It is advisable to consult a lawyer and demand alterations in the agreement if required before formally signing it. It’s always best to do a check on builders’ track record.

Tuesday, 16 April 2013

Issues This Week



High Rises to Turn Over Green Leaf, Get Energy –Efficient:-

By law Simplified use of energy efficient glass, that cut down use of lights, ACs to get Mandatory:

New Delhi: High Rises in the capital are all set to become greener. It may soon become mandatory for high rises in Delhi to use “Energy –Efficient glass” on their exterior that allow ample sunlight in but keep the heat out, cutting down on use of lights and air-conditioning.

The Delhi Urban Act   Commission (DUAC) has sent a proposal, among others, to the Urban Development ministry for approval. “This is a part of the proposal on simplified building by Law for Delhi”, said a senior official.

DUAC chairman Raj Rewal said the plan for any building will have to ensure use of energy-efficient glass, apart from other measures, DUAC had also recommended extra floor area for ration for green building as an incentive.

The NCR is also going green. In fact, Gurgaon is way ahead of the capital with 15 such buildings. Five of them have highest “Platinum certification of the US” Green buildings Council’s Leadership in Energy and environment Design (LEED).

One of these, the headquarters of the Institute of Rural Research and Development (IRRAD) is built as green as possible. The building has 7,000 Litre strong tanks to save rainwater and solar panels that produce 35kw of electricity per annul, enough to take care of the building’s need.

But some external feel that just using energy-efficient glass won’t make a building ‘Green’ ”Eight percent facade of most buildings is enveloped by the glass, which lets in a lot of heat. We need design interventions, “ said Anumita Roy Chowdhury, Executive Director, Center for science and Environment.  

Green FAQs

What is green Building?

A green building is one which uses less water, optimises energy efficiency, let’s in enough sunlight conserves natural resources, generates less waste and provides healthier spaces for its occupants as compare to a conventional building.

What are its benefits?

An energy efficient building can lead to 30-50 per cent energy saving and 20-30 per cent water savings. Not only will you save to lot of money in power and water bills, you’ll also get a healthier environment to live in. And of course, it’s good for environment!

Are Green buildings more costly to construct?

The incremental cost depends on the building’s design. Thought it might cost more than a conventional building, it will be made up by the fact that you will save more annually in energy and water costs.

Does it make more time to construct a green building?

It doesn't take more times, especially if design parameters are frozen at one go then only a little more additional effort is required. The rating of the building also has no impact on the project time schedule

Could only Large-sized building be green buildings?

For a building to be rated a green building many parameters have to be followed. All of these may not be replicable in your house. But you can adopt a lot of energy-savings and environment-friendly measures in your house and lifestyle.



After Purchase, Keep cash receipt safe:


Consumer Focus:

Several studies in the past have shown that Indian consumer do not insist on the cash receipt when they make purchases. Has this consumer attitude changed in recent times?

Not really. A recent survey on the ‘buying behavior of consumers” conducted by the Indian Institute of Public administration has shown what only 26 percent of the consumer demand of the cash receipt when they make a purchase. But even this percentage varies, depending on the awareness and assertiveness of the consumer.

While 47 percent of the consumer in Karnataka demand a cash receipt when they buy goods, this percentage is as low as 9 percent in Tripura and between 11-12 percent in Uttar Pardesh and Odisha. The survey which was part of a larger study n the impact of the Consumer Protection Act, covered ten districts of five states – Gujrat, Karnataka. Odisha, Tripura and Uttar Pardesh.

The Study unfortunately did not look at a related facet – do those consumers who collect the cash receipt keep them safe? A probe into this aspect of consumer behavior, I am sure, would throw up another important issue –the need to keep the receipt safe. I often come across consumers who start searching for that have problem and then find out the have lost the receipt. Forget going to the consumer court, even the retailer will behave differently when he knows that you have no receipt and therefore no proof of purchase.

So, do collect the receipt and always keep it safe- the Duration depending on the life of the product. Of course, for the receipt to be of value, it should be mention the name and address of the seller, the date of the sale and clearly describe the product being sold and its price. It is equally important to collect and preserves receipt of after sales services because in case of a dispute, they provide crucial evidence – proof of defect in the product or the fact that despite repeated repairs, the problem could not be rectified. So do maintain a file and keep the receipts safe.

Meanwhile, consumers would do well to demand that state government take the responsibility of ensuring that all traders. Irrespective of the volume of sale, issue cash memos to consumers.

Most client say: it is difficult to take a receipt or cash memo for items such as milk, cool drink, etc so in such situation when retailers charge more than the maximum retail price, how does one raise a complaint?

Without a receipt – proof of purchase – you cannot really lodge a complaint against the retailers either before the department of legal metro logy (the enforcement agency in case) or the consumer court. So do insist on a cash receipt, whatever the item initially, shop keepers may resist and even ask you to go and buy elsewhere, but if consumers persist, they will be forced to issue proper cash receipts. Also remember that you have a right to ask a receipt and insist on it.

We must mention here that under the proposed amendments to the Consumer Protection Act (which is before the parliament), failure to issue a bill for any payment made towards services or goods becomes services becomes an “unfair” trade practice And the Consumer Protection Act gives consumers the right to be protected against unfair trade practices and the right to be compensated for any loss or injury caused on account of an unfair trade practice, So consumer can file class action suits against retailers who do not issue receipts.