Protecting Your Rights as a Homebuyer and Consumer

Can a property seller legally forfeit the "bayana" or token money you paid? It depends on whether it was "earnest money" or an "advance payment." I explain the Supreme Court's distinction: earnest money given as a commitment can be forfeited, but an advance payment which is part of the total sale price generally cannot be forfeited without the seller proving actual losses.

Can a company be considered a "consumer" in a real estate dispute? The Supreme Court says yes, if the "dominant purpose" of the purchase was personal. In this video, I discuss a case where a company bought a flat for its director's residence. The court ruled it was a consumer transaction, giving the company protection under the Consumer Protection Act.

Banks and agents sometimes mis-sell insurance policies or even forge signatures to deduct money from your account without consent. This is an unfair trade practice and a deficiency in service. I outline the three-step remedy: file a written complaint with the bank and insurer, escalate to the insurance ombudsman, and if needed, file a case in the consumer court to seek a full refund.

According to RBI circulars, you have zero liability for an unauthorized transaction if it results from the bank's negligence or a third-party data breach, provided you report it within three working days. In this video, I explain the rules that protect you from financial loss due to bank fraud and when the bank is required to refund your money.

Many apps use "dark patterns" like fake countdowns, hidden fees, and pre-selected items to manipulate you into making choices you otherwise wouldn't. I explain how these deceptive designs are prohibited under guidelines from the Central Consumer Protection Authority (CCPA). I help consumers identify these unfair trade practices and take action against companies that use them.

In consumer cases, who has to prove what? I break down the "burden of proof" as clarified by the Supreme Court. Initially, the complainant must prove they are a consumer. Then, the service provider must prove the service was for a commercial purpose. If they do, the burden shifts back to the complainant to show it was for earning their livelihood.