Consumer Connect: RBI Guidelines Clear About Online Fraud, Says Expert

About Rs56,000 was fraudulently debited from my bank account recently. When I received the notification of this transaction, I was abroad and could not see the SMS. But immediately after coming back, I informed the bank and lodged a complaint. How should I proceed with the bank to get my money back?

Kunal Kumar, Mumbai

With the increase in online transactions, such incidents have increased. Considering this, the Reserve Bank of India has issued guidelines (Customer Protection – Limiting Liability of Customers in Unauthorised Electronic Banking Transactions dated July 6, 2017). As per these guidelines, if you notify the bank about such transactions within three working days of receiving the communication, you are entitled to get a full refund. If you notify after three days but within seven working days of such communication, the bank will refund you after some deduction. If you delay beyond seven days, then the refund will be at the sole discretion of the bank.

I moved to a new flat in September, 2022. Now, during this (first) rainy season, there is a lot of leakage. The builder is refusing to carry out any work because I purchased this flat in a resale. Who should rectify this problem?

Vinay Puranik, Akola.

Leakage during the first rainy season definitely indicates defective workmanship and the builder is responsible to rectify such defects without further charge, within 30 days. If they fail to rectify it within 30 days, an allottee is entitled to get compensation, provided he has brought it to the notice of the builder.

As per Section 14 (3) of The Real Estate (Regulation and Development) Act, 2016, “in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the promoter as per the agreement for sale relating to such development is brought to the notice of the promoter within a period of five years by the allottee from the date of handing over possession, it shall be the duty of the promoter to rectify such defects without further charge, within 30 days, and in the event of promoter's failure to rectify such defects within such time, the aggrieved allottees shall be entitled to receive appropriate compensation in the manner as provided under this Act”.

Irrespective of whether you purchase a flat directly from the builder or in resale, you are an allottee as defined under the RERA Act. Section 2 (d) of RERA Act has defined the allottee as: an “allottee” in relation to a real estate project, means the person to whom a plot, apartment or building, as the case may be, has been allotted, sold or otherwise transferred by the promoter, and includes the person who subsequently acquires the said allotment through sale, transfer or otherwise but does not include a person to whom such plot, apartment or building, as the case may be, is given on rent; thus, you are entitled to get the defects rectified from the builder within 30 days from your notice to the builder along with appropriate compensation. If the builder fails to act, you can lodge your complaint before MahaRERA.

I purchased an air ticket from Mumbai to Goa for December 31, 2022. But due to some reason, I could not fly. I informed the airline and requested the refund one day in advance. But they refused. I have read that the Supreme Court has ordered airlines to give full refund to the travellers if they cancel the flight. Whom should I approach for the refund?

V Kamath, Navi Mumbai

To get the refund, you will have write to the airlines. If they refuse / fail to refund, you can file your grievance with the Directorate General of Civil Aviation or, alternately, before the Consumer Disputes Redressal Commission.

DGCA has issued guidelines to airlines for such refunds. As per these guidelines (Civil Aviation Requirements Section 3 – Air Transport Series ‘M’ Part II dated 22nd May, 2008), the airlines must refund all statutory taxes and User Development Fee / Airport Development Fee / Passenger Service Fee to the passengers in case of cancellation / non-utilisation of tickets / no show. This provision is applicable for all types of fares offered, including promos / special fares and where the basic fare is non-refundable. Any amount other than this will depend on the policy of that airlines.

Thus, as per these CAR Guidelines, you are entitled for refund of all taxes, etc, as mentioned in the CAR even if the ticket is not refundable. In case of refundable ticket, you are entitled to part refund of actual ticket fare as per airline conditions, in addition to tax refund.

The Supreme Court order you are referring to is probably in the case of Pravasi Legal vs UOI, which was passed specifically for the refund of air tickets for flights cancelled during the Covid-19 period. It is not applicable in your case. The order is applicable only for flights cancelled during the lockdown period.

(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)