Theme: Money & Property

Importance of Signature on a Cheque

The signature on a cheque means that the person who has signed it is giving permission to the bank to take money out of his or her account. When you give a cheque to the bank, keep in mind the following:

  • Make sure the signature of the person who issues the cheque matches with the signatures in his bank records.
  • If your signature on the cheque mismatches with your signature in the bank records, then the bank can fine you for this.

A signature mismatch can attract a penalty if the bank decides to return your cheque.

What is Consumer Welfare Fund?

The overall objective of the Consumer Welfare Fund(CWF) is to provide financial assistance to promote and protect the welfare of the consumers and strengthen the consumer movement in the country(( Section II, Consumer Welfare Fund Guidelines, 2019)). There are certain rules in place which govern the use of the CWF. Some of them are(( Section III, Consumer Welfare Fund Guidelines, 2019)):

  • Consumer awareness projects with wide coverage and adopting best international practices will receive priority for funding from CWF.
  • The Government will focus on rural and disadvantaged consumers and schemes to protect them when using the CWF. For this, projects relating to rural consumers and their empowerment(( Section IV, Consumer Welfare Fund Guidelines, 2019)), and such organizations that work for rural consumers (which also have large participation of women and socially marginalized groups)(( Section V, Consumer Welfare Fund Guidelines, 2019)), will receive special focus.
  • The CWF is also to be disbursed among the States and Union Territories, to create regional Consumer Welfare Funds, to fund welfare activities.
  • There is a marked effort towards contributing to the CWF through the corporate social responsibility funds that are earmarked by companies.
  • Innovative projects for consumer awareness and education, setting up training and research facilities for consumer education, projects relating to the rural consumer empowerment, Consumer Clubs in schools/colleges/Universities, setting up of Consumer Guidance Bureau at the State/ regional level for counselling and guidance, product testing labs, creating Centres of Excellence in Universities, meeting expenses on advocacy and class action suits, etc. get priority.

Applying for financial aid under the CWF

Calls for proposals seeking financial aid from the Consumer Welfare Fund are online, twice a year usually in the months of January & July. The appropriate notice and format of inviting proposals will be issued and published on the Consumer Department website. You can also download the application form for grants from Consumer Welfare Fund from the Consumer Department website(( Section VIII, Consumer Welfare Fund Guidelines, 2019)).

However, the Appraisal Committee can reject an application, for reasons including not meeting the eligibility criteria, incomplete forms trying to receive funds for the same venture through multiple Government forums, etc(( Department of Consumer Affairs, Consumer Welfare Guidelines, https://consumeraffairs.nic.in/sites/default/files/file-uploads/guidlines-2014/CWF%20Guidelines%202014.pdf. )).

 

Filing a complaint with the Banking Ombudsman

If you are not satisfied with the solution provided by the bank and would like to further enquire the matter, you can approach the Banking Ombudsman established by the Reserve Bank of India under the Banking Ombudsman Scheme, 2006. Each bank is required to display at its branch the details of the Banking Ombudsman under whose jurisdiction the branch falls. Complaints may be lodged with the respective Banking Ombudsman here.

You can only do this once you have tried to settle matters with the bank, and failed. If you file a case in Court, such as the Consumer Court, you cannot approach the Ombudsman while the case is going on.

If you are not satisfied with the decision of the Banking Ombudsman, you may approach the appellate authority against the Ombudsman’s decision – the Deputy Governor who is in charge of dealing with the implementation of the Banking Ombudsman Scheme, Reserve Bank of India. This appeal must be made within 30 days of the Ombudsman’s decision.

What are Partition disputes and how are they resolved?

Partition disputes refer to disputes around dividing the property of a Hindu Undivided Family as per the Hindu law of inheritance, i.e., Hindu Succession Act 1956.

There are two ways to resolve disputes about property partition: a family settlement agreement and a partition suit.

Family Settlement Agreement

A family settlement is a an agreement among family members, usually made to avoid court battles, by splitting up the family property through mutual understanding among the family members. It follows the same format as that of a partition deed. It is not mandatory to register and stamp the family settlement agreement. However, all family members should sign it voluntarily, that is, without any fraud or coercion or undue pressure from any family member or anyone.

Partition Suit

A suit for partition of property, is a court case filed when the family members cannot agree on the terms and conditions of dividing the property. In such cases, the family members usually want to divide the property according to their shares in it. The first step here is to carefully draft and send a legal notice to the other legal heirs of the property related to family property partition/ settlement.

What is the process for registering the transfer of an immovable property?

Property or land registration in India involves(( Section 17 of the Registration Act, 1908)):

  • paying stamp duty and the registration fee for sale deed, and
  • having the documents legally recorded with the sub-registrar of the area where the property is located. At the time of registration, the authorised signatories of the seller and the purchaser have to be present along with two witnesses.

Stamp duty varies depending on the area where the property is located. For eg: In Mumbai, the stamp duty is 5% of the total property value, which includes 1% metro cess(( https://housing.com/news/maharashtra-stamp-act-an-overview-on-stamp-duty-on-immovable-property/)). Usually, the seller is responsible for registration of the transfer of immovable property, and the purchaser is responsible for the payment of stamp duty.

Today, most states have their own web portals for property registration and the payment of stamp and registration fee. It does however require the buyer to physically visit the office of the sub-registrar with the documents, once the online process is completed.  Also, the user-friendliness and the number of services one can seek from these portals varies from state to state. For eg: the Delhi government has multiple portals that an individual would have to go through to complete the registration process, but there are plans to introduce a single window portal soon(( https://housing.com/news/property-registration-online-in-delhi/)).

Who has to file Income Tax?

It is mandatory for every person to pay Income-tax. Income tax law defines the term ‘person’(( Section 2(31), Income Tax Act, 1961)) to include:

  • Individual. For example, a salaried employee etc.
  • Hindu Undivided Families (HUF). For example, a HUF including the joint family of Mr Rakesh, Mrs Rakesh and their sons pays tax as a separate entity.
  • Association of persons or body of individuals. For example, a housing cooperative society.
  • Firms. For example, a firm called TaxMann & Co-owned by Mr Rakesh and Mrs Rakesh.
  • LLPs. For example, ABC LLP. In an LLP, each partner is not responsible or liable for another partner’s misconduct or negligence.
  • Companies. For example, ABC Ltd., XYZ Ltd.
  • Local authority and any artificial juridical person not covered under any of the above. For example, University and Institutions, Municipal Corporations, etc.

Thus, from the definition of the term ‘person’, it can be observed that, apart from a natural person, i.e., an individual, other artificial entities like a company, HUF, etc. are liable to pay Income-tax. All association of persons, body of individuals, local authority, artificial juridical person will have to pay income tax even if they were formed with or without the objective of earning a profit, or income. (( Exception to Section 2(31), Income Tax Act, 1961)) However, certain institutions or entities in India do not have to pay tax under the law. Read here to find out more.

Precautions to be taken while renting a House

You must take certain precautions while renting a house. While trying to enter into an agreement to rent a house/flat, often the legal procedures for rent are not followed properly.

However, since it is a contract and involves an exchange of property and money it is important to understand the following while going through the processes of renting:

Your relationship with your landlord/licensor/tenant/licensee is a contractual relationship. This means that your legal relationship is based on negotiation and establishing clear terms.

However,

The principle of negotiation and establishing clear terms applies to both types of agreements, irrespective of these protections that are available.

You should ensure that you keep proof of what has been agreed upon or of any payments that have made.

This can be done by:

  • Having a written copy of an agreement
  • Having in writing anything discussed verbally either on paper/Whatsapp/Email/Messages (if possible) and
  • Keeping receipts for any payments (if possible)

This ensures that if any person disputes any payment or agreed terms you can show proof the payment of agreed terms.

Appointing an Executor for a Will

The person to whom you give the duty of carrying out the instructions given in your will, after your death, is called the executor of the will.

You can appoint any person who is of sound mind and who is above 18 years of age to be your executor. You must choose a person with whom you have full confidence and who is willing and capable of acting as the executor.

When you haven’t appointed an executor in your will, the court has the power to appoint an administrator who will execute your will.

Encash a cheque

Follow these steps to encash a cheque.

Analyse the type of cheque that has been issued to you.

Bearer Cheque

If it is a bearer cheque, then there will be no name written on the cheque. You can:

  • Go to any branch (in the city) of the bank that the cheque belongs to
  • Present it for clearance
  • The bank teller, will verify the details on the cheque and clear it
  • The cheque will be cleared then and there and you will get the cash

Order Cheque

If it is an order cheque it will have your name written on it. You can:

  • Go to any branch in the city of the bank that the cheque belongs to and
  • Present it for clearance
  • The bank teller, will verify the details on the cheque and clear it -The cheque will be cleared then and there and you will get the cash

Account Payee Cheque

If it’s an account payee cheque, then write your name, your account number and contact number at the back of the cheque, fill the deposit slip and exercise any of the following options.

Bank/ATM Dropbox Deposit

You can either go to an ATM of your bank or directly go to any branch of your bank where you have an account.

If the ATM of your bank has cheque deposit slips and a drop box, the most convenient option is to do the following:

  • Fill in the cheque deposit slip. A deposit slip has two parts; the smaller part that you fill and keep with yourself and the bigger part that you fill and deposit in the drop box, along with your cheque.
  • Tear your portion of the slip and keep it with yourself
  • Pin the cheque and other part of the deposit slip
  • Drop in into the ATM dropbox.

However, with this dropbox option, you will not receive an acknowledgement from the Bank of the receipt of your cheque and deposit slip. This means that if the cheque is lost by any chance, you will not be able to find out about the status of the cheque from the bank. However, you can still stop your cheque through internet banking or by writing a letter to the Bank.
If the ATM of your bank branch does not have the dropbox facility, then you have to go to the bank and drop the cheque. The detailed procedure is given below.

ATM Deposit

Some ATM’s have the option to deposit the cheque in the ATM machine itself. Please follow the procedure set out in the machine and deposit it accordingly.

Bank Deposit
  • Fill a cheque deposit slip
  • Get the appropriate cheque deposit slip form amongst the various slips that are usually kept at the dropbox area of the branch. Make sure you have the proper slip.
  • Carefully fill in your bank account number, branch name, cheque amount etc. – Sign at the appropriate place. Also fill in details of the cheque, such as cheque number, bank from which the cheque is drawn, amount, date on which such cheque was drawn etc. Make sure that you fill in these details in the relevant places.
  • Tear your portion of the slip, pin both cheque and the other part of the slip and drop them in the dropbox.

Types of Consumer Complaints

Every person has a right to file the following types of consumer complaints under consumer protection law:

E-commerce complaints

“E-commerce” means buying or selling goods or services (including digital products) over digital or electronic networks(( Section 2(16), Consumer Protection Act, 2019.)). It includes the production, distribution, marketing, sale or delivery of goods and services by electronic means (( Electronic Commerce, WTO, accessed at https://www.wto.org/english/thewto_e/minist_e/mc11_e/briefing_notes_e/bfecom_e.htm#:~:text=Electronic%20commerce%2C%20or%20e%2Dcommerce,and%20services%20by%20electronic%20means%22.&text=These%20WTO%20bodies%20were%20instructed,WTO%20agreements%20and%20e%2Dcommerce.)). 

E-commerce entities, such as online shopping websites like Flipkart (( Ajay Kumar v. Flipkart Internet Private Limited, 2018 SCC OnLine NCDRC 549.)) and Amazon(( Kent RO Systems v. Amazon Seller Services, 2017 SCC OnLine Del 8016.)) , have long been treated as service providers who work for a profit(( Rediff.Com India Limited v. Ms. Urmil Munjal, 2013(2) C.P.C. 536.)). They have been held liable whenever there has been a violation of consumer rights. One of the major reforms brought about by the Consumer Protection Act, 2019 is that it lays down a set of rules to govern these e-commerce entities(( Consumer Protection (E-Commerce Rules), 2020.)):

  • E-commerce entities will have to respond within 48 hours of complaint.
  • Complaints can be made from any place, regardless of where the purchase was made.
  • E-commerce entities such as Amazon, Flipkart, are now required to display the details of the sellers, such as their legal name, geographic address, contact details, etc.
  • These entities must not directly or indirectly manipulate the goods’ prices, and must not adopt any unfair or deceptive methods of sale.
  • They are prohibited from exaggerating the qualities of a product, and posting fake reviews.
  • The law mandates the protection of consumers’ personal information so that personal details are kept confidential and the privacy of consumers is protected.

Complaints about misleading advertisements 

An advertisement is a promotion through television, radio, or any other electronic media, newspapers, banners, posters, handbills, wall-writing etc. A misleading advertisement says untrue things about the goods and services, which can mislead the consumer in  buying them(( Misleading Advertisements, Department of Consumer Affairs, accessed at https://consumeraffairs.nic.in/more/misleading-advertisements. These advertisements may make false claims about a product or services’ usefulness((Section 2(47)(f), Consumer Protection Act, 2019)) , quality and quantity(( Section 2(28)(ii), Consumer Protection Act, 2019)), or deliberately conceal important information about the product(( Section 2(28)(iv), Consumer Protection Act, 2019)) (such as known side-effects), etc. Advertisers can be sued for making misleading claims in their advertisements. These include claims of being the first toothpaste to have a certain beneficial composition when it actually isn’t(( Colgate Palmolive (India) Ltd. v. Anchor Health & Beauty Care P. Ltd., (2008) 7 MLJ 1119.)), or advertising schemes that seek to increase profits without passing on the benefit to the consumers(( Society of Catalysts v. Vodafone Essar Mobile Services Limited, LNIND 2008 SCDRCD 962.)), etc. 

Complaints about unfair trade practices

Unfair trade practices have a broad definition under the consumer protection law. They include false statements about the goods’ standard, quality and quantity, and the marketing of used/second-hand goods as new goods. It also includes false claims about a warranty, or the warranty period being scientifically untested, etc. This has resulted in several lawsuits, one involving a noodle-maker labelling its packets with false lead content(( M/S Nestle India Limited v. The Food Safety and Standards Authority of India, W.P. L. No. 1688 of 2015.)), replacing the labels of pharmaceutical drugs to extend the expiry period(( Pooja Roy v. Krishnango Bhattacharya, C.R.R 2796 of 2008, Calcutta H.C.)), marketing adulterated goods with different ingredients than stated on the label(( Consumer Guidance Society v. Amway India Enterprises, (2007) C.C 140 of 2007.)), etc.

Complaints about restrictive trade practices

Restrictive trade practice means a trade practice which tends to manipulate the price, or delivery, of goods, which affect the flow of supplies in the market. This leads to the consumers facing unfair costs or restrictions. This is usually done in some of the following ways: price fixing, dealing exclusively, restricting the resale values of sold goods, mandating that buying one good or service entails buying other goods or services. One real-life example of this is the inbuilt price of delivery and fixing electronic goods. This ensures that the consumer ends up paying for the service, whether they want to or not, making them bear unfair costs.

Complaints about defective goods

Defective goods are goods(( Sections 2(10) and 2(11), Consumer Protection Act, 2019.)) with any fault, imperfection or shortcoming in the quality, quantity, purity or standard which is required to be maintained by the seller, under the law in force. Some examples are adulterated or imperfectly brewed beverages, malfunctioning machinery, misshapen artifacts, etc.

Complaints about spurious goods

Spurious goods are those which are falsely claimed to be genuine(( Section 2(43), Consumer Protection Act, 2019)) or are fake or imitative of real, original goods. These are often of inferior quality and infringe upon the trademarks and copyrights of legal owners of the original goods. A crucial example is that of medicines or cheap make-up products found in local markets. Often, spurious medicines are marketed under another drug’s name, or imitate/substitute another drug in a deceptive way(( Drugs and Cosmetics FAQs, Integrated Grievance Redressal Mechanism, accessed at https://consumerhelpline.gov.in/faq-details.php?fid=Drugs%20and%20Cosmetics.)).

Charging above the MRP (Maximum Retail Price)

Overcharging generally occurs in covert ways, when sellers charge the consumer more than what is prescribed as the Maximum Retail Price of a product. It is a gross violation of consumer rights.

Complaints about food

Presently, the law also addresses grievances related to food products. For example, customers can file their grievances about packaged food like the presence of adulterant, expired goods, missing FSSAI license, etc. or serving issues like the lack of hygiene, presence of pests, etc. at the Food Safety Connect Portal.

 

Who can complain?

A complaint (( Section 2(6), Consumer Protection Act, 2019.)) about a product or service can be filed by (( Section 2(5), Consumer Protection Act, 2019.)) a number of persons under the law, such as:

  • People who buy goods or use services for themselves or for their own work in exchange for a payment. (( Section 2(7),The Consumer Protection Act, 2019 (Act 35 of 2019)) For example, if a person takes an Uber cab to work, they are a consumer of a service. If a person buys a car to use it as a taxi and drives it themselves for earning their livelihood, they are a consumer of goods.
  • People who use the goods and services with the permission of the buyer who bought such goods for self-consumption or self-employment in exchange of a payment. For example, if a person buys a soap and that soap is used by their family members. All these people are consumers of the soap and can file a complaint in case of any defect in the soap.
  • A person who buys goods for commercial purposes can file a complaint during the warranty period of the goods (( Super Computer Centre vs Globiz Investment Pvt. Ltd., 3 (2006) CPJ 256 NC)). For example, if a person buys a computer system for their company and finds any defect in the system within the warranty period of the system, they will be a consumer.
  • Multiple consumers (( Section 2(7), Consumer Protection Act, 2019.)) who share similar grievances or issues. For example, if multiple people wish to complain about the service standards at a restaurant.
  • A registered or recognized voluntary association of consumers (( Section 35(1)(b), Consumer Protection Act, 2019.)) can also file a complaint.
  • Legal guardian of a consumer who is a minor. Legal guardian includes a parent or a relative or a person lawfully bestowed with parental obligations.
  • Legal representative of a consumer in case the consumer has passed away.
  • The Central or State Government can file a complaint.
  • The Central Consumer Protection Authority can take notice of a consumer grievance under the direction of the Central Government(( Section 18(2)(a), Consumer Protection Act, 2019.)). Under the law, this is known as the power to take a case suo motu (on its own) 8(( Section 18(2)(a), Consumer Protection Act, 2019.)).

Banks’ responsibility to prevent Online Bank Fraud

Banks must ask their customers to mandatorily register for SMS alerts for electronic banking transactions. Wherever available, they must ask their customers to register for e-mail alerts, for electronic banking transactions.

The SMS alerts shall mandatorily be sent to the customers, while email alerts may be sent, wherever registered in the event of an electronic banking transaction. To facilitate the customers to report any unauthorized use of their electronic banking services, banks must provide customers with 24×7 access through multiple channels (at a minimum, via website, phone banking, SMS, e-mail, Instant Voice Response, a dedicated toll-free helpline, reporting to home branch, etc.) for reporting unauthorised transactions that have taken place and/ or loss or theft of payment instrument such as card, etc. Banks have to also enable customers to instantly respond by ‘Reply’ to the SMS and e-mail alerts so that the customers are not required to search for a web page or an e-mail address to notify the objection to an electronic transaction.

Banks have to also provide a direct link for lodging the complaints, with specific option to report unauthorised electronic transactions on the home page of their website. The loss/ fraud reporting system should ensure that immediate response (including auto response) is sent to the customers acknowledging the complaint along with the registered complaint number. The banks must record the time and date of delivery of the alerts and receipt of customer’s response, if any.

The banks cannot offer the facility of electronic transactions, other than ATM cash withdrawals, to customers who do not provide mobile numbers to the bank. On receipt of report of an unauthorised transaction from the customer, banks must take immediate steps to prevent further unauthorised transactions in the account.

How do I address a land measurement dispute?

If there is a dispute between owners who have land next to each other about the measurements of their plots, they can resolve it by getting assistance from the government surveyor to conduct a joint survey. The ownership documents and the information in the revenue records have to be looked into while settling such a dispute. You can find them in the Record of Rights (RoR) at your local tehsildar’s office or online, if the state has digitized RoRs available. Any encroachment by one party on the land of another has to be removed. For instance, such encroachments may consist of building a fence that trespasses into another’s property, extending a building beyond one’s own property boundaries, overhanging tree branch protruding into neighbors’ property which could potentially cause injury/damage, etc.

If that is not done, the aggrieved party can go to court.

Is it more beneficial to register an immovable property on a woman’s name?

Yes, it is more beneficial to register an immovable property on a woman’s name, as many states and banks have introduced financial benefits for women buying property. As a result, buying property in a woman’s name can bring many advantages such as:

Income Tax Returns or Forms (ITR)

An Income Tax Return (ITR) is a form through which the details of income earned by a person in a financial year, and taxes paid on such income are communicated to the Income Tax Department.

Depending on the nature and status of income, different ITR forms are prescribed for different classes of taxpayers.(( Rule 12, Income Tax Rules, 1962)) Every taxpayer has to file tax returns under one specific ITR form only, and you have to choose the ITR form applicable to you. Filing the wrong ITR form will be considered as incorrect and defective.

Income Tax Forms

ITR forms can be downloaded on the Income Tax Department website. You will receive an Acknowledgement Form from the Income Tax Department when the data of the Return of Income in Forms ITR-1 (SAHAJ), ITR-2, ITR-3, ITR4 (SUGAM), ITR-5, ITR-6, ITR-7, is both filed and verified.

ITR-1 (SAHAJ)

Individuals residing in India having a total income of up to 50 lakh have to file this ITR Form. You are a resident if you have lived(( Section 6, Income Tax Act, 1961)):

  • in India for at least 182 days in the previous year
  • in India for at least 365 days in the four years before the previous year, and in India for at least sixty days in the previous year

You have to fill this form when the source of the income is from your:

  • Salary or pension
  • One house property
  • Other sources like interest etc. (not including lottery winnings, income from race horses etc.)
  • Agricultural income up to Rs 5,000

If you are a person who is not residing in India, or a director in a company,(( ITR-1, Income Tax Department website, available at https://www.incometaxindia.gov.in/forms/income-tax%20rules/2020/itr1_english.pdf)) or a person who has income from any source outside India, the ITR-1 form is not applicable.

ITR-2

This form is applicable to:

For example, if Rama is a director in a company, then she will have to file tax returns under ITR-2, because she is not covered under ITR-1. Further, you have to fill this form when the source of the income is from your:

  • Capital gains
  • More than one house property
  • Foreign income/foreign assets

ITR-3

This form is only applicable to:

  • An individual or a Hindu Undivided Family (HUF) to whom forms ITR-1, ITR-2, and ITR-4 are not applicable, and
  • Whose income comes from profits and gains of a business or profession.

For instance, if Shyam is a partner at a firm and earns more than Rs 50 lakh annually, then he will have to file ITR-3.

ITR-4 (SUGAM)

This form is applicable to individuals, HUFs and firms (excluding Limited Liability Partnerships) residing in India who have a total yearly income of up to Rs 50 lakh.

ITR-4 is applicable when the source of the income is:

  • Business1
  • Profession (( Section 44ADA, Income Tax Act, 1961))
  • Salary or pension
  • One house property
  • Other sources like interest etc. (not including lottery winnings and income from racehorses)

Further, a person who is not residing in India or a director of a company need not fill this ITR-4 Form.

ITR-5

This form is applicable to the following:

  • Firm
  • LLP (Limited Liability Partnership)
  • Association of Persons/Body of Individuals
  • Artificial Juridical Person (( Section 2(31)(vii), Income Tax Act, 1961))
  • Local authority(( Section 2(31)(vi), Income Tax Act, 1961))
  • Representative assessee. A representative assessee could be an agent of a non-resident, the guardian of a minor/person of unsound mind, a trustee etc. who is authorised to receive or manage income on behalf of another person. (( Section 160(1), Income Tax Act, 1961))
  • Cooperative society
  • Societies registered under the Societies Registration Act 1860.

It is not applicable(( Sections 139(4A, 4B, 4C and 4D), Income Tax Act, 1961)) to individuals, HUF, a company and those persons filing ITR-7.

ITR-6

This form is applicable to companies, other than those companies claiming tax exemption for charitable or religious reasons.(( Section 11, Income Tax Act, 1961)) Further, you can find a list of tax-exempted institutions here.

ITR-7

This form is applicable to persons (including companies) such as:

  • Every person receiving income from property held under trust, or for charitable or religious purposes (( Section 139(4A), Income Tax Act, 1961))
  • Political parties (( Section 139(4B), Income Tax Act, 1961))
  • News agencies, mutual funds, trade unions etc. (( Section 139(4C), Income Tax Act, 1961))
  • Universities or colleges (( Section 139(4D), Income Tax Act, 1961))

ITR-Verification Form

You have to fill this form in situations where you have filed the data of the Return of Income in Forms ITR-1 (SAHAJ), ITR-2, ITR-3, ITR-4(SUGAM), ITR-5, ITR-7, but not verified electronically. Read more here.

  1. Section 44AD and 44AE, Income Tax Act, 1961 [↩]

Checklist for Rent Agreement

In order to safeguard the rights of both tenants/licensee and landlords/licensor, you must ensure that you have a written rent agreement. While finalising this agreement, it is very important to read all the terms mentioned in it.

These terms not only decide your rent amount and security deposit but also covers many other important aspects such as maintenance of the house/property you are leasing, payment of relevant bills, notice period of leaving, etc.

Ensure that the following provisions are present in your agreement (lease or leave and license agreement):

  •  Names of Tenant/Licensee and Landlord/Licensor
  •  Purpose of Agreement
  •  Duration of Agreement
  •  Rent Amount
  •  Date of Payment of Rent
  •  Security Deposit Amount
  •  Maintenance Amount
  •  Assignment of Responsibility of Repairs
  •  List of Furniture/Fittings/Other items
  •  Notice for Termination of Agreement
  •  Notice for Landlord’s Entry into Premises
  •  Declaration to Abide by All Bye-laws of the Society/RWA
  •  Declaration to Not do Illegal Activities
  •  Declaration to Sub-let Only With the Permission of the Landlord/Licensor
  •  Courts to Approach for Dispute Resolution
  •  Rate of Increment of Rent After a Certain Period, if any.
  •  Signatures of Landlord/Licensor or Tenant/Licensee
  •  Signatures of Two Witnesses

Administrator Appointed Executor for a Will

The court has the power to appoint an administrator or an executor who will execute your will if:

  • You haven’t appointed an executor in your will.
  • The executor you appointed is incapable of acting as an executor.
  • The executor you appointed refuses to act as an executor.

If you are the beneficiary of a will which does not have an executor or if the person named does not want to perform the functions, you can apply to the court for appointment of an administrator.

When a person dies without naming an executor in his or her will, one of the beneficiaries in the will has to apply for a grant of letters of administration. The process for the same is similar to that for the grant of probate.

Consumer Complaint Forums

The consumer protection law specifies relevant authorities and complaint forums(( Chapter IV, Consumer Protection Act, 2019.)) that a consumer can approach if their rights(( Section 2(9), Consumer Protection Act, 2019.)) as a consumer are violated. There are three Consumer Disputes Redressal Commissions, at the district(( Section 28, Consumer Protection Act, 2019.)), state(( Section 42, Consumer Protection Act, 2019.)), and national level(( Section 53, Consumer Protection Act, 2019.)). All these forums have the duty to hear the concern of a consumer and ensure that every concern is given due importance(( Section 2(9)(iv), Consumer Protection Act, 2019.)). The jurisdiction of these Commissions is based on:

  1. The value (price) of the goods or services availed
  2. The place of residence of the consumer or seller, or the workplace of one of the parties, or where the dispute began
  3. The place where the person filing the complaint(( Section 2(5), Consumer Protection Act, 2019.)) resides

Complaints must be filed within 2 years since the dispute arose, to be admitted for a hearing at the Consumer Dispute Redressal Commissions(( Section 69(1), Consumer Protection Act, 2019)). The Complaint Redressal Commissions that can be approached for consumer rights violations and the type of matters adjudicated by them are as follows:

District Consumer Disputes Redressal Commission (DCDRC)

The District Commission is a district-level complaint redressal forum that looks into complaints about goods whose value is below Rupees one crore(( Section 35(1)(a)(i), Consumer Protection Act, 2019.)). The Commission accepts or rejects a complaint within a period of 21 days. If the commission does not respond in the specified time, the complaint will be accepted and looked into by the District Commissions(( Section 36(2), Consumer Protection Act, 2019.)). Before rejecting a complaint, the commission must give the complainant the opportunity to be heard. The Commission has the power to order for the removal of any problems or defects from the goods or services availed, or it can order a payment of fine(( Section 39, Consumer Protection Act, 2019.)) as a relief to the complainant. The parties to a case also have the option to file an appeal against the order of the District Commission to the State Commission within 45 days of the District Commission order(( Section 41, Consumer Protection Act, 2019.)). You can find details of the district commissions given in the National Consumer Redressal website.

State Consumer Disputes Redressal Commission (SCDRC)

The State Commission is a state-level complaint redressal forum located at the capital(( Section 42(2), Consumer Protection Act, 2019.)) of the respective state where complaints with respect to goods having value between Rupees 1 crore to 10 crores can be filed. There are about 35 state commissions in the country where complaints, appeals from the District Commission, and cases about unfair contracts are heard(( Section 47(1), Consumer Protection Act, 2019.)). An appeal against the decision of the State Commission can be filed with the National Commission, within 30 days from the date of the order(( Section 51, Consumer Protection Act, 2019.)). Once such an appeal is filed, it is required to be decided within 90 days by the National Commission(( Section 52, Consumer Protection Act, 2019.)).

National Consumer Disputes Redressal Commission (NCDRC): 

The National Commission is the upper-most authority for consumer complaints redressals. It is located at New Delhi(( Section 53(2), Consumer Protection Act, 2019.)). Complaints about goods or services whose value is above Rupees 10 crores, and appeals against the orders of the State Commission or the Central Consumer Protection Authority, can be filed with the NCDRC(( Section 58(1), Consumer Protection Act, 2019.)). An appeal against the decision of the National Commission can be filed with the Supreme Court within a period of 30 days from the date of the order passed(( Section 67, Consumer Protection Act, 2019.)). The orders of the Commission are published on its website. The Commission has the legal right to publish the orders and no proceedings can be brought against the Commission for publishing these orders(( Rule 12(8), Consumer Protection (Consumer Disputes Redressal Commission) Rules, 2020.)). The National Commission portal also provides video instructions pertaining to registration and filing of an electronic complaint through its forum.

Time for deciding complaints

A consumer complaint must be decided by the Commissions within a period of 3 months. This may be extended to 5 months in case there is a requirement for testing of the products/defects(( Section 38(7), Consumer Protection Act, 2019.)).

Appeals for orders passed by Commissions

The order passed by the Commissions are final if they have not been appealed in the specified period of time(( Section 68, Consumer Protection Act, 2019.)). This rule has exceptions, as the Commission can accept cases for which appeals were not filed in the prescribed time.  Besides these provisions, the cases can be transferred from one district commission to another and from one State Commission to another by the State1 and National Commissions(( Section 62, Consumer Protection Act, 2019.)) respectively, if and when the parties apply.

A consumer who has filed a complaint with any of the forums given above, can track their case through the Online Case Status portal. You can ask your lawyer for details of your case number for tracking the case(( Rule 7(2), Consumer Protection (Consumer Dispute Redressal Commissions) Rules, 2020.)).

 

  1. Section 48, Consumer Protection Act, 2019. [↩]

Filing a complaint for Online Bank Fraud

Police Station

When you go to the police station to complain about online bank fraud, they will ask you to file an FIR. You should make sure you give all the information you know about the online fraud that happened to you.

Online Complaint

Besides filing an FIR with the cyber crime cell of a police station, you can also file an online complaint on the Ministry of Home Affairs’ Online Crime Reporting Portal. Register a complaint by providing detailed information about the incident. You can also choose to upload files, like screenshots of the e-mails or messages you received regarding fraudulent transactions.

What should I do if someone encroaches on my property?

If someone encroaches or trespasses on your property or a construction extends beyond the boundary line, there are three ways to resolve it.

Trespass: If someone enters your property:,

  • with the intention to commit an offence or to intimidate, insult or annoy you, or
  • enters lawfully but remains there unlawfully,

it can amount to criminal trespass under the Indian Penal Code(( Section 441 of the Indian Penal Code defines Criminal Trespass.)). You can file a criminal complaint against them.

Demarcation of property: The second option is to demarcate the land, by building walls or fences. It fixes the boundaries of the land, assures the protection of the demarcated land and keeps invaders away.

Civil suit for encroachment of property: The third option is to move an application in a civil court and seek orders against the encroachment. You can ask for a permanent injunction stopping anyone from disturbing your possession of land.

How can I transfer property to an unborn person?

In order to transfer property to an unborn person, you must first transfer the property to a living person, which is usually done through the creation of a trust, until the unborn person comes into existence. This creates a vested interest in favour of the unborn person.(( Section 13 of the Transfer of Property Act, 1882.)) For instance, if A is pregnant with a child, a trust can be created in the interest of the child and this trust will hold the property until the birth of the child. The trustee will essentially act as the unborn child’s proxy until the child is born. To put it simply, the property sits with someone untouched until the birth of the person to whom it was transferred. The trust simply holds the property till that time.

How to file Income Tax Returns?

You can file the Income Tax Return Form with the Income Tax Department in any of the following ways(( What are the different modes of filing income?, FAQs on filing the return of income, https://www.incometaxindia.gov.in/Pages/faqs.aspx?k=FAQs%20on%20filing%20the%20return%20of%20income)):

  • Submitting the return in a paper form (offline) to the income tax office
  • Submitting the return electronically under digital signature
  • Electronically transmitting the ITR data under electronic verification code
  • Electronically transmitting the ITR data, and later submitting the verification of the return

Procedure to file

Income tax returns can be filed manually as well as electronically i.e., e-filing.

Option 1: Manual Filing

For filing returns manually, you need to go to the Income Tax Department’s office to physically file returns. You can locate your nearest tax office here. Ensure that you fill the form completely and provide all the necessary details correctly. ​​​​​​​​​​ITR forms are attachment less forms and, hence, you are not required to attach any document (like proof of investment, TDS certificates, etc. along with the return of income. However, these documents should be kept safely and should be produced before the tax authorities when demanded in situations like assessment, inquiry, etc.

Option 2: Filing Electronically

Electronically filing your tax returns through the Internet or online is an easier process than physically filing returns because you do not need to take an actual print out of the documents. Also, it is a simpler process and can be done for free online through the income tax website.

Electronic filing or e-filing of ITR can happen in two ways: Offline and Online.

In the offline mode, you download the ITR form from the income tax website, fill it offline and then submit it on the website. In the online mode (applicable only for ITR forms 1 and 4), you fill in the form directly online.

Registering a Will

Registering a will is not compulsory. In case you decide to register the will, you may do so personally or through an authorised agent. You have to deposit the will in a sealed cover with your name on it and of your agent (if any), along with a statement of the nature of document to the Registrar of Sub-Assurances of local division. Once the Registrar receives the cover and is satisfied, she will keep the sealed cover in his custody.

Generally, you do not have to pay stamp duty on wills. However, you will have to pay registration fees which will differ in different states. Procedures might also be different.

If you want to recover the will (say for changing it or for revoking it), you may apply either personally or through a duly authorised agent to the Registrar and if the Registrar is satisfied that either you or your agent have applied, she will return it. On your death, a person can make an application to the registrar to allow to get the will or see the contents of the will.

If you’ve made changes to the will through a codicil, you should ideally get it registered in the same manner.