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CONSUMER PROTECTION & 

REAL ESTATE DISPUTES

According to McMillan Dictionary (1985) “Consumerism is concerned with protecting consumers from all organizations with which there is exchanged relationship. It encompasses the set of activities of government, business, independent organizations, and concerned consumers that are designed to protect the rights of consumers”.

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The rights of the consumer was protected in India by The Consumer Protection Act, 1986 which has been repealed by The Consumer Protection Act, 2019 w.e.f. 20.07.2020.
 

The Act aims to promote and protect the rights of the consumer such as-

  • Right to be Protected from the marketing of hazardous goods;

  • Right to be informed about the quality, quantity, potency, purity, standard and price of goods to protect the consumer against unfair trade practices;

  • Right to be assured, wherever possible, access to an authority of goods at a competitive price;

  • Right to be heard and to be assured that consumers interests will receive due consideration at appropriate forums;

  • Right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers; and

  • Right to consumer education.

 

Presently, a consumer may approach the below-mentioned forums, which is determined based on the amount paid:-

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  • NCDRC: Rupees Ten Crores and above;

  • SCDRC: Rupees One Crore and above upto Ten crores;

  • DCDRC: Upto One Crore Rupees.
     

Needless to say, NCDRC and SCDRC also play a role as an appellate forum for their inferior commission/forum.

 

Real Estate cases are on a spike since the last decade across various forums. Real estate disputes may be redressed at RERA, Consumer Forums and/or NCLT. Adv. Deepraj has his expertise in Real Estate matters whether its representing Builders/Promoters or Allottees.

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