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Q: In September 2010, the Supreme Court delivered a verdict for a fresh trial setting aside the orders of the National Consumer Disputes Redressal Commission and consumer courts under it. The NCDRC was intimated accordingly by the registry of the Supreme Court, but no steps have been taken so far. How can this non-implementation of the apex court’s verdict be tackled?
Mihir Banerjee, via email
A: If the apex court judgment has been delivered in relation to a specific case, the complainant who filed the original consumer case has to file a put-up petition along with the Supreme Court judgment before the consumer forum where the trial initially took place. The petitioner should seek a direction for putting up the original record before the court and also pray for a fresh trial in compliance with the direction of the apex court.
Q:After the last amendment of the West Bengal Premises Tenancy (WBPT) Act, are the cases filed and heard at a court or a tenancy tribunal?
Prantik Sanyal, Calcutta
A: Cases relating to provisions under the WBPT Act have to be filed and heard before a controller or tribunal appointed by the state government. The controller can also be a member of the judicial branch of State Civil Service. Currently the judges in the civil courts have also been vested with the jurisdiction to deal with such cases.
Q:We have been living in a rented house for the past 18 years. About eight years ago, the landlord stopped coming to collect the rent. I began sending it through money order. But when I did not get any response from him, I stopped that. Some time back his sons got in touch with us and said that the landlord had died. They offered to sell the house to us and we agreed. But since then they have been incommunicado. What should we do now? Can they evict us?
Mina Deb, Calcutta
A: You could contact the legal heirs to know if the offer is still open. Irrespective of what their response is, it would be prudent to pay the rent through money order and deposit it in the rent controller’s court in case they refuse to accept it. To evict you the current owners would have to file an eviction suit before the court establishing appropriate grounds under the West Bengal Premises Tenancy Act, 1997.
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