Consumer Connect: Your Duty To Check Outstandings While Buying Resale Property, Says Expert

I had invested in Sukanya Samriddhi Account Scheme, 2019, in the name of my daughter in June 2021. My daughter wished to join a course in another state after her 10th standard. I wanted to withdraw the money and close the account, as she was to clear her 10th standard by June 2022. But I was not allowed to do so. This created a financial burden on me. How shall I proceed?

Vijaya K, Badlapur

This scheme has made provisions for withdrawal under Clause 8. As per this clause, it is permissible to withdraw maximum up to 50% of the amount accumulated in the account at the end of the financial year preceding the year of application. Also, this withdrawal is allowed only after your daughter attains the age of 18 years or has passed 10th standard, whichever is earlier. Since you have not mentioned the age of your daughter, assuming that she is under 18 years of age, it is not permissible for you to either withdraw the amount or to close it. You can withdraw 50% of the funds (accumulated in the account at the end of the financial year) once your daughter clears her 10th standard or attains the age of 18 years. But for such withdrawal, you will have to produce documents showing a confirmed offer of admission of your daughter in an educational institution or a fee-slip from such institution indicating your financial requirement. Also, the amount of withdrawal shall be only up to the actual fee and other charges required at the time of admission.

Regarding the closure of this account, Clause 9(2) says “closure of the account may also be permitted before completion of 21 years, if the account holder on an application makes a request for such closure, for the reason of intended marriage of the account holder on furnishing of a declaration duly signed on non-judicial stamp paper attested by the notary supported with proof of age confirming that the applicant will not be less than eighteen years of age on the date of marriage. Provided that no such closure shall be allowed before one month from the date of the intended marriage or after three months from the date of marriage”. Thus, it is clear that you cannot close the account unless the above-mentioned conditions are fulfilled.

I purchased a flat for Rs3.5 crore and got possession in September 2021. This year during a period of heavy rainfall, I noticed leakage at multiple sites. The false ceiling has also started giving way. This is due to defective work done by the builder. I had to spend Rs2.5 lakh to get it fixed and re-do the false ceiling, painting etc. I want to sue the builder. Other than MahaRERA, where and how should I proceed?

Prasad Vaidya, Shirur

If you want to file a case against the builder for defective work, you will have to do so before the Consumer Disputes Redressal Commission. Irrespective of the amount you spent in getting the repairs done, the pecuniary jurisdiction is decided by the “consideration paid”. Since you have paid Rs3.5 crore as consideration for the flat, you will have to file your complaint before the National Commission, Delhi. The complaint should be filed within two years from the date when cause of action (leakage) arose. It is advisable that you serve a notice to the builder, asking him to pay the expenses along with compensation and interest. If he fails to act on the notice, you can proceed with the complaint. Before filing the complaint, it is better to get a detailed report of the defective work from a certified architect/ structural engineer.

I purchased an office on a resale. At the time of possession there was no electricity supply in the office. The previous owner informed me that since the premises was not in use for a few months, the connection has been temporarily disconnected. When I applied for the reconnection of the meter, it was refused due to arrears of the previous owner. Can they refuse to give me electric supply for someone else’s arrears?

Dnyaneshwar Virkud, Kharghar

Since you have purchased a premise in a resale, it was your duty to check the status of the electricity supply, more so, when there was no electricity supply when you purchased it. The Supreme Court in similar cases has noted that “distributing companies can impose such charges on new owners, based on provisions of ‘General Conditions of Supply’. Otherwise, it would lead to a tendency where customers involved in unscrupulous activities obtain electricity supply for a time-period, and to escape payment, sell the property and move on to another property. This would make it difficult, rather impossible for distributors to recover the dues. Importantly, it is the duty of new occupants to make sure that the property in which they intend to shift does not have any outstanding bills”.

Thus, though the previous owner is liable to pay the bill till the date of resale, now it will be your responsibility. You also need to confirm if the connection has become ‘permanently disconnected’. In such a case, you will have to clear the arrears and apply for a new connection.

(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 Maha RERA and is associated with the Mumbai Grahak Panchayat.)

Published on: Monday, August 07, 2023, 09:58 AM IST