Begin typing your search...
Lawfully yours: By Retd Justice K Chandru
Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court. Do you have a question? Email us at citizen.dtnext@dt.co.in
Chennai
Advertisers making false claims can be dragged before consumer forumÂ
The plethora of advertisements on TV that consume almost 50 percent of one’s viewing time is getting on one’s nerves, just because of the advertisers’ tall claims. Let us take the case of detergents. The leading brands claim supernatural results. One advocates pour-rub-pour — you spend the whole day pouring and rubbing in vain! Someone else claims that their product cleans the toughest stains in a single wash, which I am yet to see! Yet another asks you to soak before scrubbing to get an assured bright. My question is, can the manufacturers be challenged on the unbelievable claims they make. Can they be made to demonstrate their claims in front of the general public or a designated panel?Â
— Ramraj (via email)Â
If a product seller makes any false promise in an advertisement, the matter can be taken up before a consumer forum, either at the district or state level. If they are unable to prove the successful results advertised by them before the forum, then the forum will impose compensation and cost on them. Such complaints can be made both by individuals or in a representative capacity. Even a local consumer welfare forum can take up such cases on behalf of all the consumers.Â
Approach local Rent Control Court to vacate an 'encroacher' tenantÂ
I own a house in Chennai. One person met me to let it out for rent and agreed to Rs 15,000 as monthly rent and Rs 25,000 advance. He gave me a token and said the full amount would be given within a week after which the agreement can be signed. The next day a person came and requested house keys to perform puja since it is an auspicious day. Though he promised to return the key in the evening, since it was not returned I went there the next day and found the house occupied, with all household things and family members including a dog. When I questioned him, he blamed it on his urgency and promised to pay up within a month. Now, after three months, he is still dilly-dallying and daring me to move court. With a criminal intention, the intruder has illegally occupied the house to usurp it. Kindly advise me what action I can take to vacate the person.Â
— Rajendra Babu, Retired Railway OfficerÂ
If he is not your tenant and a rank encroacher, you can file a civil suit for ejectment in a civil court. However, since you have accepted a token payment and had discussed the terms of rent, etc., and had voluntarily given the house (for whatever purpose), he may technically be considered a tenant. It is better you file a petition before the local Rent Control Court.Â
DISCLAIMER: The views expressed here are of Justice K Chandru, who is providing guidance and direction based on his rich experience and knowledge of the law. This is not a substitute for legal recourse which must be taken as a follow-up if so recommended in these columns.
Visit news.dtnext.in to explore our interactive epaper!
Download the DT Next app for more exciting features!
Click here for iOS
Click here for Android
Next Story