He was active in the All India Students Federation (AISF) since his school days and later became unit secretary of AISF in University College. During his college days, G.R. Anil was elected as Union General Secretary, University College of Kerala marking his entry to the electoral politics. He served as the Communist Party of India (CPI) Thiruvananthapuram district assistant secretary till 2014 and later held the office of CPI Thiruvananthapuram district secretary till 2021. He has been a member of CPI State Council for the last 12 years.
The impact of the provisions of the Insolvency andhdffDF Bankruptcy Code, 2016 (I&B Code for short) on the provisions of the Consumer Protection Act, 1986 and the RERA has been considered by the Apex Court in Pioneer Urban Land and Infrastructure Limited Vs Union of India and others(2019)8 SCC 416.
“RERA is to be read harmoniously with the Code, as amended by the Amendment Act. It is only in the event of conflict that the code will prevail over RERA. Remedies that are given to allottees of flat/apartments are therefore concurrent remedies, such allottees of flats/apartments being in a position to avail of remedies under the Consumer Protection Act, 1986, RERA as well as the triggering of the Code”.
This petition is opposed by the counsel for the complainant pointing out that, the proceedings before this Commission are not in anyway affected by the pendency of the proceedings before the National Company Law Tribunal.
The counsel for the opposite parties on the other hand points out that in view of the sweeping nature of the provisions of the Insolvency and Bankruptcy Code, all proceedings including those before this Commission are liable to be kept in abeyance until completion of the proceedings before the National Company Law Tribunal.
This is a petition filed by the opposite parties to the complaint praying for the issue of an order to keep the entire proceedings in this complaint in abeyance till completion of the Corporate Insolvency Resolution process or until the National Company Law Tribunal approves the Resolution Plan and for impleading the Insolvency Professional appointed by the NCLT as an opposite party in these proceedings.
Heard. The impact of the provisions of the Insolvency and Bankruptcy Code, 2016 (I&B Code for short) on the provisions of the Consumer Protection Act, 1986 and the RERA has been considered by the Apex Court in Pioneer Urban Land and Infrastructure Limited Vs Union of India and others(2019)8 SCC 416.
The crux of the relief sought for in this petition is that, in view of the proceedings pending before the National Company Law Tribunal and the interim order passed in the said proceedings, all further proceedings in this complaint are required to be kept in abeyance.
The crux of the relief sought for in this petition is that, in view of the proceedings pending before the National Company Law Tribunal and the interim order passed in the said proceedings, all further proceedings in this complaint are required to be kept in abeyance.
This is a petition filed by the opposite parties to the complaint praying for the issue of an order to keep the entire proceedings in this complaint in abeyance till completion of the Corporate Insolvency Resolution process or until the National Company Law Tribunal approves the Resolution Plan and for impleading the Insolvency Professional appointed by the NCLT as an opposite party in these proceedings.
Apart from the above, the complaint is barred by limitation. All the transactions took place in the years 2012 & 2013. But, this complaint has been filed only in 2016. The averments in the complaint are also in the nature of settlement of accounts and refund of money. In view of all the above objections, it is contended that the complaint is not maintainable.
The complaint was admitted and notice was issued to the opposite parties by this Commission. On receipt of notice the opposite parties entered appearance through counsel and contested the complaint.
The complainants therefore caused the issue of a notice dated 05.12.2016 through his lawyer demanding return of the amount paid by them , together with compensation for the loss and mental agony suffered by him. Copies of postal receipts and AD cards are produced alongwith the complaint .
This is a complaint filed under Section 17 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act for short) claiming compensation for alleged deficiency in service and unfair trade practice of the opposite parties. Second complainant is the wife of the first complainant.
This is a complaint filed under Section 17 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act for short) claiming compensation for alleged deficiency in service and unfair trade practice of the opposite parties.
In accordance with the terms of the agreement dated 18-12-2012 sale consideration of the new apartment was Rs. 60,00,000/- .
The opposite parties were in the process of executing an apartment project in a property admeasuring 17.20 cents comprised in Survey Nos: 1451/1/1/1,1451/1, 1451/1/1 of Kowdiar Village Thiruvananthapuram District .
As there was violation in the terms of the agreement, the complainants approached the opposite parties on many occasions and demanded return of the amount paid by him, together with compensation for the loss and mental agony suffered by him.
The opposite party had promised to hand over possession of the fully constructed apartment to the complainant on or before December 2014.
The opposite parties were in the process of executing an apartment project in a property admeasuring 17.20 cents comprised in Survey Nos: 1451/1/1/1,1451/1, 1451/1/1 of Kowdiar Village Thiruvananthapuram District .
Born on 31.05.1959 Obtained Law Degree from Maharaja’s Government Law College, Ernakulam and LLM Degree from Mahatma Gandhi University Kottayam. Enrolled as an advocate on 02.04.1989. Appointed as District and Sessions Judge in 2001. Served as Addl. District judge II, Thiruvananthapuram, Enquiry Commissioner and Special Judge (Vigilance), Calicut. Appointed as Registrar, Supreme Court of India, New Delhi....
Read MoreConsumer Clubs have to be activated through some structured activities. Active Consumer Clubs may go beyond this and also take up innovative activities. The following basic structure of functioning is recommended:
Kerala State Consumer Disputes Redressal Commission , Sisuvihar Lane, Vazhuthacaud, Thiruvananthapuram
cdrckerala@gmail.com
0471 - 2725157
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