 And since Justice Taliwal, Paranjit Singh Taliwal, which was the president of Punjab State Consumer Redressal Commission, we made a request to him, a session why not take it in Punjabi? Since a lot of people are from Punjab and he being originally from Mansa. And you would be feeling that since the session is in Punjabi and I am speaking English because I have seen a lot of participants who have joined down from south for them to make them understand that we are taking the session in Punjabi. The session in Punjabi is because a lot of people have been requested to continue the session in Punjabi so that they can understand what kind of processes are there. And what are the ways for each and every agreement to be attracted to the Consumer Forum and the rest of the law. Because the time has been short, the topic has been short, and the judges will request that we continue the session in Punjabi. Simple, safe, Pahashar, and Aajidah. What do you say? All of them. Namaskar, Sarsi, Kaal, Adab. Aajidah is a very important topic. We have to talk about the numerous contracts that we have to make in order to make such an agreement. This matter has already been brought by the Supreme Court, notice has been brought by the Supreme Court, that there are a lot of conditions on one side. Ashwini Upade, the Union of India, the Supreme Court has suggested that the Builder-Buyer Agreement and the Builder-Buyer-Agent Agreement should be standardized throughout the country. Specifically, keeping that in mind, there should be conditions on one side, which are favorable for the builders, and how they should be controlled. Everyone's desire should be kept in mind in their lives. Those who have their hard-earned money, who are in a difficult situation, who are in a retirement situation, who are in a bad condition, who are getting money, spend it on their heads. The builders who are the promoters, who advertise their work, they are very good at talking, their work will be organized, their construction will be organized. If we give them any delivery, then they will get a 70% or 90% or 95% position, and they won't get a specific job. But when they make an allotment agreement, then there should be a lot of conditions on one side. If the builders who have their hard-earned money are in a difficult situation, then the builders are very tired. They don't have the money to pay them. They don't have the money to pay them. They don't have the money to pay them. They don't have the construction quality. They don't have the structure to create a structure that is demolished. This is how the situation is. The substandard quality of the builders, the administration who have controlled the housing board and the agencies, they are also involved, because they don't have any structure, no specific inspection is done. This is what we are keeping in mind. Vikas is saying that this is the topic of today's show. There are many people who have requested to speak in Hindi, so that they can understand the common people. I think this is important, because it is written in some act that it is important to educate people, to wear everything, to wear the society. Now, for any company who is buying and building an agreement, who is a promoter, I have examined that recently in Gorshan and Sands, in Madhavi Sinha's case. These decisions have been examined by all. First of all, the unfairness is that whatever terms are given at a pre-contract stage, in the newspaper, in the big advertisements, in the brochures, whatever contract agreement is written, they are not given. They are not given, they are missed. Similarly, there is an argument that there is an advertisement that is being made. The advertisements that are being made, they are approaching it. That is being made by the shatras. So, they are giving an agreement on a Punjab. It is not just about the dotted space. It is not just about the sign that is being read. I don't get the chance to read the rest. The biggest problem is the agreement that is being made by anyone. There are 15-20 of them who read the agreement. They don't understand what is being read. The builder, the businessman, the business man, the business man, the business man, the business man, the business man, the comparison of the north and Pacific, they are entering the conditions so that they remain affectionate above any situation. Again, there's an agreement that is being made by the average buyer and we are sad that it is not just an advertisement. There are open spaces. To ground it so that they can extract our pass. I'm going to give you an agreement which says that the company shall presume the consent. This is the building. It will be considered that Lottie has given them permission to change the layout of the zoning plan. I don't have the consent to change the layout of the zoning plan. I have bought the house. I have bought the house. I pay 10% of the rent in the park. But the condition of the house is that they don't set up their own commercial. So my very purpose is over. The unfair condition is also unfair. My name is Sahabnal. It is written in the 2019 act. They have explained the unfair contract. The definition of the subsection 2 is 46. In the definition of section 2 and 47, the unfair trade practice will be covered. Because the trader is doing something wrong. He is doing something wrong. This is the unfair condition. The next condition is that it will not be the responsibility of the builder. That all the amenities will be provided. The road will be proper. There will be electricity. There will be a sewerage. There will be a club. All the facilities will be provided. But they don't provide the opportunity. That is why the basic necessities are provided. You will be able to stay properly. The purpose of the project will be served. If all these facilities are available. All these facilities are not available. There is no electricity. There is no electricity. If you are paying the same amount. There will be some delay. If you are interested, adjust the amount first. But if you are not able to pay even if you have the grace of possession, then there is no benefit. This is also unfair. Now, I have seen a lot of things. I am the president of the Numeric Commission. I have seen that many builders are planning their project. When the project is planned, they say that they have written the conditions in the agreement. If the project is planned, they will return the money without any interest. If the project is planned after 4 years, then we will not get any interest if we keep it in Lakhhar. This is our unilateral condition. Ultimately, it will affect us. The only difficulty is that we have to take the benefit of the contract. Our contract is the same as the classical contract which is our daily juice. One thing I am saying is that when you sign a document, you are bound by the contract. But look at the situation. The bargaining power of the contractor and the bargaining power of the Numeric Commission has a lot of differences. What is the document given to the contractor? Sign it, take it or leave it. If you want to buy it, then do not buy it. In that situation, the situation will be different. If you want to buy it, then you have to sign it. This is the condition. This is also very arbitrary. It is unilateral. The contract law which is deeply complicated is that negotiations have already been done. When it comes to Punjab, there is no discussion. Only 2-3 things you know. One is that this will be the nature of the plot. This will be the plot number. This will be the total cost of the plot. And this amount you will have to give in this manner. Maybe installment or others. If this is the case, then there is no liability of the builder. Then what is done? The final decision is that if the builder will deliver a possession, then the completion and the occupation certificate will be given to the competent authority. And if the certificate lands, then the possession will be given. But the condition is written in the AADA agreement. The BAS is not our responsibility. If there is a delay in the BAS, then we will not have any liability. If we give all the money and the possession is taken, then we will not be able to do anything. The first thing we have to do is completion. Then the occupation. We do not get the certificate. You can only do the occupation. If you do not get the certificate, then the occupation is illegal. The condition is like this. It will affect you. What is the condition that is usually examined? The interest-free maintenance security. If there is an agreement, then it is added. IMFs. What happens then? If it is added, then the 50,000-60,000 security will be given. That 7 years of project is not complete. That will gain interest. But nothing is found. The issue of maintenance. There have been recent judgements. That only arises. When there is a complete project, then the possession is given. Security, for the first time in life, they are taking the charges of maintenance, they are still taking it. All these conditions are unilateral. Now, what has changed in the law? Our conumer act, which is beneficial to the conumer. The good thing about it is that it has been explained in unfair terms. The section which has been explained in unfair contracts, in sub rule 46. They have specified that all these conditions are not excessive, but they are guiding. Still, we can make out from the various conditions whether these are unfair. We can examine all these issues. The biggest issue is that we have section 43, 1 sub section, further sub section A2I. With that, you can file your complaint in unfair terms. There is a state commission, district commission only. There is section 492, which has been given the power of declaration. The contract of these conditions can be declared null and void. You can claim the amount. You can claim the amount of interest and compensation. When we will determine compensation, what is to be seen? Say, I wrote a book in 2015. The possession was to be delivered in 2021. The development was to be done in 2021. The possession was to be delivered in 2021. The grey speed was also dropped. The project was not being made in 2021. What happened in this situation? There was no inflation, no cost of everything. But if we look at all these things, we have to prepare for proper evidence. So that we can prove that this is the increase and this compensation can be claimed on that basis. This is the power of the National Commission. Now, the latest amendment is that, exceeding 50 lakhs up to 2 crore has been with the state commission. The district commission has no jurisdiction. Now, the question arises, key is the amount of the consideration is less than 50 lakhs. Can the file complaint in the state commission? Law is well settled, in my opinion, and I have given judgments also. When I am entering into a contract, which is worth Rs. 35 lakhs, I had paid 35 lakhs. The jurisdiction is with the state commission. But the district commission has no power to declare it null and void. That is why the law is now very clear. The contract is worth Rs. 1 or Rs. 2 crore, not more than Rs. 2 crore. You can file a complaint in the state commission. I think this is a very important factor. There is no jurisdiction. The issue is unfair terms. The issue of unfair contract terms, which you are spoiled to, which can only be examined by the state commission. That is why the complaint can be filed in the state commission. That is why the complaint can be filed in the state commission. These are the basic changes which have been made now. The most important judgments in this subject are that Madhvi Srinam vs. Gorshan, who is the builder of this idea. I have written all the details. I have cited all the judgments. This is not a contract. It should not be writing. It should not be taking money. It should not be selling the plot further without changing the layout plan. In this situation, I would not declare the contract null and void. This is not a bench. In other cases, there are many cases like this. In the Supreme Court, there is a real-tech private limited verses of Sheikh Khanna. There is a point in infrastructure versus Govindan Raghavan. The National Commission has also made a decision. Some more important judgments are also there. If you want to note down, I can give from the judgment I am having of Madhvi Srinam. Point year urban land and infrastructure versus Govindan Raghavan. 2019, Volume 5, SCC 725. Air Force Naval Housing Board versus Commodore BK Gandhi. Wing Commander Arif Rahman Khan versus DLF. Aerograve Real Tech versus Sheikh Khanna. Narni Construction versus Union of India. Meghna Singh Kheda versus Unitech. They are all the latest judgments which are favorable to the consumers. My opinion is that first try to go through all the terms. Try to add your own terms. No change in terms of business. No change. I think this will be the Mr. Vikas. Hello. Mr. Vikas. No change in terms of business. No change in terms of business. No change in terms of business. I think this will be the Mr. Vikas. Hello. Mr. Vikas, now we can have interaction with the... I can see if there is any question. But probably you have explained everything. Yes, yes. So you have told me that we can have short talks. Yes, yes. I think you are saying that there is a limitation in weather. Is it continuous or wrong? If there is a question, then it will be a rise. If there is a gray speed type, then it is after 2 years. Yes, yes. There is a specific period within 36 months. 36 months, there is some further gray speed for 90 days or so. After the last date, which is the gray speed date, after that, within 2 years. The other question that comes up, is how much jurisdiction will be determined from the agreement. Sometimes it will be from plots, from Punjab, from the company's registered office in Delhi. If it was now, it would not have been loaded. It would have been amended in a new way, just like the Motor Vehicle Act. The person who resides as a complainant, he can file a complaint there. The state commission of Punjab, any property situated in Punjab, part of the cause of action has risen in Punjab, or the person resides in the state of Punjab, he can file in Punjab. It has become beneficial. Now the conumers are not spoiled to go to UP, because otherwise they are spoiled to go to Noida. You are serving here, you are employed, you have been transferred in Punjab. You can file a complaint in Punjab. You will have to only show that you are presently resident of a particular state, where you want to file a complaint. The topic was very limited, but the complaint was that aspects are a complainant, an ordinary person is a consumer friendly, an ordinary person is a user friendly. What are the things you have to keep in mind and what are the assertions of the consumer complaint? The complaint should be very precise and true facts. The basic thing is that you are a consumer. The main issue that arises, I have bought the property as a commercial. The issue is that the property is commercial, the complaint is maintainable, because there is no commercial. The explanation is given in the conumers. I have specifically mentioned that the commercial property that you are buying is for self-employment and personal gains. Not for any other purpose. If you are out of that, then you will be treated as a consumer. As an advocate, I have purchased an office. This is my self-employment. I have to gain. In this situation, that will not be treated as a consumer complaint. This is a commercial property. The first thing is the facts. The short method is to file all the complaints. Self-tested affidavits are acceptable. Take the affidavits, bring the contents, bring the documents. The main thing is that many times the situation comes that some people do payments, they do not receive them. Some do not receive them. Some do not receive payments. Some do not receive money. There is no difficulty in that. But the kind of payment that you will prove in the documentary, it will be recoverable. It will give you a simple performance. You will be able to complete the S-Date of your documents. These are my facts. These are my conditions. These are my agreements. You can simply file a complaint. You can bring your affidavits. If you meet someone, then the opposite party will come to the Supreme Court that they cannot delay. Within time they have to file within 45 days from the service of some months. They cannot delay for 15 days. They cannot delay for 15 days. They cannot delay for 15 days. These are the basic things. When the reply comes, something is limited right. We can file a rejuvenation. Only the new things the opposite party has given. Thereafter it comes for arguments only. Thank you, sir. And thank you to all the participants who have been watching. Though we for the first time tried the session in Punjabi. But Justice Dhalival has taken us to the entire gamut that filing of the complaint is quite friendly. The jurisdiction he has explained that you can file where the complaint resides. A lot of damages can be given. There is a couple with the fact that once there are large number of documents while the agreements are being signed, if so, factor that you have signed those documents does not construe that you have accepted and acceded to all those terms. If on the face of it, those terms are unfair, the consumer forums have been holding time and again day in and day out to the effect that those cannot be adhered to. And you are liable to claim the compensation, your amount, along with interest, damages, etc. So thank you, friends. Do stay connected with us. And tomorrow in these webinar series wherein we have taken sessions across from English, we have changed what we can say is the gears. It is more akin to that. Now tomorrow the session will be procedural aspects under the arbitration act. And tomorrow again it will be in bilingual. That is by Justice Vinit Kuthari, a former Acting Chief Justice of Gujarat High Court and Madras High Court. So do stay connected with us tomorrow at 6 p.m. Stay happy, be healthy, and take care of yourself. Thank you.