Category Archives: law

construction, consumer rights, law, real estate

Consumer Connect: ‘Builder Cannot Forfeit More Than 2% On Flat Booking Cancellation,’ Says Expert

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**Can the Builder Forfeit 10% Booking Amount on Flat Cancellation? What Are Homebuyers’ Rights Under RERA?**
*By Advocate Shirish V Deshpande, Chairman, Mumbai Grahak Panchayat*

—

**Question:**
My friend booked a flat in Kandivali on March 15, 2025, by paying Rs 17 lakh, which is 10% of the total flat cost. The builder issued only an allotment letter mentioning details such as the flat number, total area, cost, and possession date.

In May, my friend received a transfer order and had to cancel the booking on May 28, 2025. He requested the builder to refund the amount paid, but the builder claimed that, as per the terms in the allotment letter, the entire 10% amount would be forfeited.

Can the builder legally do this under RERA? What are the rights of homebuyers in such cases, and what is the maximum deduction allowed?
— Rajendra Rane, Borivali (West)

—

**Answer:**

Under the Real Estate (Regulation and Development) Act, 2016 (RERA), homebuyers enjoy clearly defined rights regarding the cancellation and refund of property bookings.

MahaRERA has issued a **model allotment letter** that every builder must use when accepting the booking amount, which cannot exceed 10% of the total flat cost.

**What does MahaRERA say about cancellation and refund?**
According to MahaRERA’s orders dated August 12, 2022, and September 3, 2024:

– If a homebuyer cancels a booking, the builder can **forfeit a maximum of 2% of the total flat cost**.
– Refund deductions are capped depending on the cancellation timeline:

– **Within 15 days of booking:** Full refund, no deduction.
– **Between 16 and 30 days:** Deduction up to 1% of total flat cost.
– **Between 31 and 60 days:** Deduction up to 1.5%.
– **Beyond 60 days:** Deduction up to 2% only.

In your friend’s case, since the cancellation was made **after 60 days**, the builder can deduct only **2% of the flat’s cost** and must refund the remaining amount.

The clause in the allotment letter allowing forfeiture of the entire 10% amount is contrary to MahaRERA’s orders and is therefore **unenforceable**.

—

### Important Precedent: Preeti Dwivedi v/s Raymond Realty
In a similar case, the complainant had paid Rs 6.07 lakh as booking amount for a Rs 1.16 crore flat. After cancelling within three months, Raymond Realty insisted on forfeiting 10%, citing the allotment letter.

MahaRERA held the clause arbitrary and directed the builder to deduct only 2% and refund the balance to the homebuyer.

—

### Additional Buyer Protection under MahaRERA

– Builders **must refund the balance amount within 45 days** of cancellation.
– Failure to refund on time makes the builder liable to pay **penal interest at MCLR + 2% per annum** on the refund amount.

—

### What This Means for Homebuyers

Homebuyers often have genuine reasons to cancel bookings. Unfortunately, some builders impose unfair forfeiture clauses to exploit these situations. MahaRERA’s rules now protect homebuyers from such unfair practices, ensuring greater fairness and accountability in property transactions.

If you face similar issues, it is advisable to:

– Check whether the booking amount exceeds 10% of the total cost (which it should not).
– Verify whether the refund deductions comply with MahaRERA guidelines.
– Approach MahaRERA for dispute resolution in case of non-compliance.

—

*For further legal queries, you can write to Advocate Shirish V Deshpande at shirish50@yahoo.com.*

—

**Looking for budget-friendly property deals in Mumbai and surrounding areas?**
Visit [https://budgetproperties.in/](https://budgetproperties.in/) for exclusive listings and offers.

—

*Disclaimer: This content is for informational purposes only and does not constitute legal advice.*
https://www.freepressjournal.in/mumbai/consumer-connect-builder-cannot-forfeit-more-than-2-on-flat-booking-cancellation-says-expert

constitution, india, law, politics

Rule Of Law Vs Rule By Force

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The principal characteristic of the Indian Constitution is the rule of law it mandates. This foundational principle envisions that the law, established under the constitutional framework, holds primacy over all other considerations—be they individual, ideological, or political. It is the bedrock that ensures we are a nation governed by laws, not by men.

This ideal, however, has faced a starkly modern challenge: the rise of ‘bulldozer justice’. In states like Uttar Pradesh, governments have employed strong-arm methods, using machinery to raze homes and properties of individuals deemed suspects, bypassing the judicial process entirely. This practice conflates accusation with guilt and allows the executive to act as judge, jury, and executioner.

It creates a dangerous precedent where the government of the day believes it can operate outside the sanctity of established legal procedure. What began as a political theatre of “instant justice” has now become an instrument of fear and selective punishment, often targeting minorities or dissenters.

It is against this backdrop that Chief Justice of India BR Gavai’s recent remarks in Mauritius carry profound significance. Defending his own verdict, he emphatically stated that the Indian legal system is governed by the “rule of law, not by the rule of the bulldozer.” The Supreme Court’s ruling, which held that such demolitions violate the rule of law and infringe upon the fundamental right to shelter, was a necessary and powerful corrective.

It reaffirmed that the executive’s authority is not absolute but is circumscribed by constitutional morality and judicial oversight. This judicial stance is deeply rooted in our constitutional history, notably the Kesavananda Bharati case, which established that the Constitution’s basic structure is immutable.

While not exhaustively defined, this structure is undeniably animated by the principles enshrined in the Preamble—Justice, Liberty, Equality, and Fraternity. ‘Bulldozer justice’ assaults each of these ideals, substituting the rule of reason with the rule of muscle.

Yet, a sobering reality remains. The courts often move at a deliberate pace, granting the executive considerable leeway to act in the interim. This temporal gap between executive action and judicial redress can render the latter a pyrrhic victory for those whose homes and rights are instantly demolished. The damage is done long before the court’s pen can restore what the bulldozer’s blade destroyed.

Therefore, the judiciary’s role is not just to settle matters but to set boundaries—clearly, promptly, and fearlessly. As Justice Gavai articulated, the rule of law is not a rigid doctrine but a continuous conversation—a substantive principle that restrains arbitrary power and embeds democratic accountability.

In defending the Constitution against the bulldozer, the Supreme Court is defending the very idea of India as a democratic republic where no one is above the law.
https://www.freepressjournal.in/analysis/rule-of-law-vs-rule-by-force

crime, culture, law, religion

Man arrested for using derogatory language against Hindu deities

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**Man Arrested for Using Derogatory Language Against Hindu Deities**

*By Snehil Singh | October 5, 2025, 5:31 PM*

The Delhi Police have arrested a 26-year-old man for allegedly using derogatory language against Hindu deities and police personnel. The accused, identified as Mohammad Shamshad Alam, was apprehended on Saturday in Southwest Delhi after a video of his remarks went viral on social media.

The arrest followed a PCR call received at the Vasant Kunj (South) police station. A police team promptly reached the spot near Ruby Nursery, close to the Chhatarpur Metro station, where the incident took place.

Deputy Commissioner of Police (Southwest) Amit Goel confirmed that the complainant, Ravi Kant, along with several members of the Vishwa Hindu Parishad (VHP), were present at the location. The viral footage showed Alam using abusive language targeting Hindu deities and police officers.

A case has been registered under Sections 196(1)(a) and 295 of the Bharatiya Nyaya Sanhita at Vasant Kunj (South) police station. Section 196(1)(a) addresses promoting enmity between groups based on religion or race, while Section 295 pertains to deliberate acts intended to outrage religious feelings by insulting religion or beliefs.

Further investigations into the matter are ongoing.
https://www.newsbytesapp.com/news/india/delhi-man-arrested-for-abusing-hindu-deities-police-in-video/story

business, entertainment, law, sports, women

WNBA Commissioner Opens Up About Collier, Officiating And CBA

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In Her Own Words: A Tough Week for WNBA Commissioner Cathy Engelbert

WNBA Commissioner Cathy Engelbert addressed the media this Friday in Las Vegas ahead of Game 1 of the WNBA Finals between the Las Vegas Aces and the Phoenix Mercury. It was the first time she took questions since Napheesa Collier publicly criticized league leadership, including Engelbert herself, for malpractice and a lack of concern for player safety and wellbeing.

Collier’s comments, made during her exit interview, sent shockwaves throughout the league. Several players, including WNBPA President Nneka Ogwumike, expressed support for her stance. However, it took a couple of days before Engelbert spoke directly to the media and took questions.

### Engelbert’s Opening Statement

In her opening remarks, Engelbert expressed feeling disheartened that players don’t approve of her leadership. She announced plans to address officiating concerns and expressed confidence in reaching a new Collective Bargaining Agreement (CBA) soon. These were the main themes during the press conference.

### Addressing Collier’s Claims

When asked about the accusations made by Collier, Engelbert contested and denied several claims.

“There’s a lot of inaccuracy out there through social media and reporting,” Engelbert said. “You saw it in my statement, but I have the utmost respect for Napheesa and every single player in our league. They are at the center of everything we do. No one should ever doubt how deeply I care about this league, this game, and every single player who makes the WNBA what it is.”

Engelbert also denied reports that she made controversial comments about Caitlin Clark needing to be grateful to the WNBA for her $16 million earned through partnerships.

“Obviously, I did not make those comments. Caitlin has been a transformational player in this league. She’s been a great representative of the game. She’s brought in tens of millions of new fans,” Engelbert stated.

### Can Engelbert Still Lead the League?

One pressing question is whether the commissioner can continue to lead the league amid eroding trust from players. Engelbert appears confident despite the challenges.

“I feel confident that we can repair any loss of trust,” she said. “We’ll dialogue with players — one-on-one relationships and group discussions. Players have reached out to me.”

### Officiating Concerns Highlighted

Engelbert acknowledged misalignment between the league’s stakeholders regarding officiating. According to injury trackers from ESPN and Rotowire, at least 30 players were sidelined either temporarily or for the rest of the 2025 season. This includes stars such as Caitlin Clark and Angel Reese, accounting for roughly 20% of roster pieces being displaced.

To tackle these concerns, the league is implementing two key initiatives:

1. **Annual Competition Committee Meeting:** At the end of the season, the league’s competition committee will evaluate the state of the game, including rules, officiating, and player safety. Players and the Players Association are invited to engage in this process.

2. **New Multi-Stakeholder Task Force:** The league is establishing a “state-of-the-game” committee that will include player voices and other stakeholders. This task force aims to ensure that officiating evolves alongside the league’s growth.

Engelbert emphasized the importance of player perspectives:

“There are no greater stakeholders than our players. Their voice is integral to the alignment required for good officiating. We look forward to including their input on how our staff can better serve the game moving forward.”

### CBA Negotiations Ongoing

The path ahead remains challenging for Engelbert, with a looming deadline for a new CBA. Uncertainty persists about whether players and the league will find common ground. While players predict a difficult negotiation that might lead to a lockout, Engelbert remains optimistic.

“We’re working really hard. We have a couple of meetings next week,” she said. “While I hope we meet the October 31st deadline — and that is a real deadline — we have extended deadlines in the past. When I started, a few days in, we extended the deadline and reached a progressive deal.”

Reflecting on her first months as commissioner in 2019 during previous CBA talks, Engelbert noted:

“We have a lot of experience in these negotiations, even before I got here. It’s a balance. We want to ensure there’s no interruption, but of course, that will be up to the players and owners.”

### The Revenue Share Debate

Revenue share remains a key point of contention. Players’ recent statements indicate dissatisfaction with the league’s offers, while Engelbert stresses the importance of long-term sustainability.

“We’ve made proposals with significant revenue share components — in money and structure,” Engelbert explained. “They’re obviously bargaining for more. The balance is between returning every dollar we can and ensuring owners remain incentivized to invest.”

### Players Continue to Support Collier

Following the press conference, some players reiterated their support for Napheesa Collier, continuing to apply pressure on the WNBA commissioner.

—

The coming weeks will be critical for the WNBA as it navigates leadership challenges, player concerns, and the future of the league’s labor agreement. Fans and stakeholders alike will be watching closely as dialogue and negotiations unfold.
https://bitcoinethereumnews.com/finance/wnba-commissioner-opens-up-about-collier-officiating-and-cba/?utm_source=rss&utm_medium=rss&utm_campaign=wnba-commissioner-opens-up-about-collier-officiating-and-cba

business, international, law, military, politics

Trump plans to deploy National Guard in Illinois, governor says

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The Trump administration plans to federalize 300 members of the Illinois National Guard, Democratic Governor J.B. Pritzker said Saturday.

Pritzker stated that the Guard received word from the Pentagon earlier that morning indicating that the troops would be called up. However, he did not specify when or where they would be deployed.

President Donald Trump has long […]
https://fox2now.com/news/ap-top-headlines/ap-trump-plans-to-deploy-national-guard-in-illinois-governor-says/

bihar, elections, india, law, politics

Gyanesh Kumar-led ECI team visits Patna, poll dates expected soon

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**Gyanesh Kumar-led ECI Team Visits Patna; Bihar Poll Dates Expected Soon**

*By Snehil Singh | October 4, 2025, 1:06 PM*

A delegation from the Election Commission of India (ECI), headed by Chief Election Commissioner Gyanesh Kumar, is currently in Patna to review preparations for the upcoming Bihar Legislative Assembly elections. The team also includes Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi.

As part of their visit, an all-party meeting with representatives from the 12 recognized political parties is underway at the Taj Hotel, chaired by CEC Kumar. This meeting serves as a platform to discuss the election process and ensure smooth conduct of the polls.

### Election Preparations Underway

The ECI traditionally visits the state just days before announcing the election schedule. With the Bihar Assembly’s term concluding on November 22, the elections must be held before that date. Ahead of the team’s visit, the ECI briefed General, Police, and Expenditure Observers who will act as Central Observers for these elections, as well as some upcoming by-elections.

### Observer Briefing and Their Role

A total of 425 officers, including IAS, IPS, and IRS personnel, participated in a detailed briefing held at IIIDEM in New Delhi. Chief Election Commissioner Gyanesh Kumar described these observers as “the beacons of democracy,” underlining their critical role in ensuring free and fair elections.

He urged the observers to thoroughly familiarize themselves with all election laws and remain accessible to political parties, candidates, and voters for grievance redressal throughout the electoral process.

### Constitutional Mandate for Central Observers

The ECI appoints Central Observers under Article 324 of the Constitution and Section 20B of the Representation of the People Act, 1951. These observers are vital in maintaining transparency and effective management of elections on the ground.

### Poll Dates Expected Shortly

Although the official dates for Bihar’s Assembly elections have not yet been announced, sources suggest the ECI is likely to declare them on October 6 or 7. With the preparatory groundwork in place, Bihar is gearing up for a crucial electoral exercise in the coming weeks.
https://www.newsbytesapp.com/news/politics/gyanesh-kumar-led-ec-team-visits-patna-poll-dates-expected-soon/story

consumer protection, education, government, law

CCPA Fines Drishti IAS ₹5 Lakh For Misleading Ads On UPSC Civil Services Examination 2022 Results

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New Delhi: The Central Consumer Protection Authority (CCPA) has imposed a penalty of Rs 5 lakh on Drishti IAS (VDK Eduventures Pvt Ltd) for publishing misleading advertisements regarding the results of the UPSC Civil Services Examination (CSE) 2022.

According to a statement from the Consumer Affairs Ministry, Drishti IAS claimed in its advertisement that it had “216+ selections in UPSC CSE 2022,” along with displaying the names and photographs of successful candidates. However, the CCPA’s investigation found this claim to be misleading, as it concealed crucial information about the type and duration of courses these candidates had opted for.

The probe revealed that out of the 216 candidates claimed by Drishti IAS, 162 candidates (75 percent) had only taken the free Interview Guidance Programme (IGP) offered by the institute, having independently cleared the Preliminary and Mains stages of the UPSC CSE. Only 54 students were enrolled in IGP and other paid courses.

This deliberate concealment misled aspirants and parents into believing that Drishti IAS was responsible for the candidates’ success at all stages of the examination. Such advertisement falls under the category of misleading advertisements as defined under Section 2(28) of the Consumer Protection Act, 2019.

This is the second time the CCPA has imposed a penalty on Drishti IAS for similar misconduct. In September 2024, the authority had penalized the institute Rs 3 lakh for misleading claims of “150+ selections in UPSC CSE 2021.” At that time, Drishti IAS submitted details of 161 candidates, exceeding its claim. However, out of these, 148 were enrolled only in the IGP, seven in the Mains Mentorship Program, four in the GS Foundation Program, one in the Optional Course, and details of one candidate were not mentioned.

Despite previous penalties and warnings, Drishti IAS repeated the same practice for the 2022 results by increasing its claim to “216+ selections,” demonstrating repeated non-compliance and disregard for consumer protection norms. The concealment of such vital information deprived students and parents of their right to make informed choices, as protected under Section 2(9) of the Consumer Protection Act, 2019.

The ministry highlighted that such misleading advertisements create false expectations and unfairly influence consumer decisions, especially when large claims are made without transparent disclosure of facts.

So far, the CCPA has issued 54 notices to various coaching institutes for misleading advertisements and unfair trade practices. Penalties totaling over Rs 90.6 lakh have been imposed on 26 coaching institutes, along with directions to discontinue such misleading claims.

The authority emphasized that all coaching institutes must strictly ensure truthful disclosure in their advertisements to enable students to make fair and informed decisions about their academic choices.

(Note: Except for the headline, this article has not been edited by FPJ’s editorial team and is auto-generated from an agency feed.)
https://www.freepressjournal.in/education/ccpa-fines-drishti-ias-5-lakh-for-misleading-ads-on-upsc-civil-services-examination-2022-results

business, law, science, technology

OpenAI denies poaching xAI staff, labels Musk’s lawsuit groundless

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OpenAI is moving to have a lawsuit filed by Elon Musk’s AI start-up, xAI, dismissed. The company argues that the lawsuit is an attempt to divert attention from xAI’s own shortcomings.

According to OpenAI, the legal action lacks merit and serves primarily as a distraction from the challenges facing xAI. Details of the case and further developments are awaited as both companies continue to navigate the competitive AI landscape.
https://www.newsbytesapp.com/news/business/openai-seeks-dismissal-of-xai-lawsuit-calls-it-groundless/story

business, law, science, technology

OpenAI denies poaching xAI staff, labels Musk’s lawsuit groundless

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OpenAI is seeking to have a lawsuit filed by Elon Musk’s AI start-up, xAI, dismissed.

The company claims that the lawsuit is an attempt to distract from xAI’s own shortcomings and failures.

This legal action highlights the ongoing tensions between major players in the rapidly evolving AI industry. OpenAI remains firm in its position, emphasizing its commitment to innovation and integrity amidst these challenges.
https://www.newsbytesapp.com/news/business/openai-seeks-dismissal-of-xai-lawsuit-calls-it-groundless/story

celebrity, crime, justice, law, rehabilitation

On eve of sentencing, Combs tells judge he has been ‘reborn,’ asks for mercy

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**Sean “Diddy” Combs Declares Himself a ‘New Man’ Ahead of Sentencing in Prostitution Case**

*NEW YORK (AP)* — On the eve of his sentencing, Sean “Diddy” Combs wrote a heartfelt letter to a federal judge Thursday, proclaiming himself to be a new man after confronting the depths to which he had fallen.

Combs, 55, told Judge Arun Subramanian that with his mind now clear of drugs and alcohol after spending a year in jail, he can clearly see how “rotten” he had become before his arrest in September 2024. The case led to his conviction on two prostitution-related counts, with his sentencing hearing set to begin Friday morning.

“Over the past year, there have been so many times that I wanted to give up. There have been some days I thought I would be better off dead,” Combs wrote. “The old me died in jail and a new version of me was reborn. Prison will change you or kill you. I choose to live.”

A jury in July acquitted Combs of sex trafficking and racketeering conspiracy charges, but he still faces the possibility of years behind bars. His lawyers argue that the year he has already spent in jail constitutes sufficient punishment, while prosecutors are seeking at least an 11-year prison sentence.

In his letter, Combs took responsibility for his actions, writing, “I have no one to blame for my current reality and situation but myself. In my life, I have made many mistakes, but I am no longer running from them.”

He continued, “I am so sorry for the hurt that I caused, but I understand that the mere words ‘I’m sorry’ will never be good enough, as these words alone cannot erase the pain from the past.”

**Apology for Abuse of Former Girlfriend**

Combs also addressed a violent incident involving his then-girlfriend, Casandra “Cassie” Ventura, from 2016. The attack, during which Combs hit, kicked, and dragged Ventura at a Los Angeles hotel, was captured on security camera footage.

“The scene and images of me assaulting Cassie play over and over in my head daily,” Combs wrote. “I literally lost my mind. I was dead wrong for putting my hands on the woman that I loved. I’m sorry for that and always will be.”

Footage of the assault was shown repeatedly during his two-month trial. Several women testified that Combs had beaten, threatened, blackmailed, or sexually assaulted them.

In a letter to the judge ahead of sentencing, Ventura dismissed Combs’ claims of remorse.

“I know that who he was to me—the manipulator, the aggressor, the abuser, the trafficker—is who he is as a human,” she wrote. “He has no interest in changing or becoming better. He will always be the same cruel, power-hungry, manipulative man that he is.”

Ventura noted that Combs had repeatedly denied the assault allegations until the security footage surfaced. She urged the judge to impose a sentence reflecting the strength it took for victims to come forward.

“I hope that your decision considers the many lives that Sean Combs has upended with his abuse and control,” Ventura wrote.

**Acknowledgment of Other Victims**

Combs also apologized to a woman who testified under the pseudonym “Jane.” After hearing her testimony, he said, “I realized that I hurt her.”

Jane testified that Combs had chased her around her home, put her in a chokehold, punched her in the head, kicked her while she was curled up on the ground, dragged her by her hair, and pressured her into having sex with a male sex worker.

“I lost my way. I got lost in my journey. Lost in the drugs and the excess,” Combs wrote. “My downfall was rooted in my selfishness.”

**Seeking Mercy and a Second Chance**

During his time in jail, Combs said he has been reading, writing, attending therapy, working out, and even teaching a six-week course to fellow inmates called *Free Game with Diddy*. The course imparts his business wisdom alongside lessons learned from his mistakes and failures.

He vowed never to commit another crime, telling the judge that he has undergone a spiritual reset.

Rather than making an example of him with a lengthy sentence, Combs implored Judge Subramanian to “make me an example of what a person can do if afforded a second chance.”

“If you allow me to go home to my family, I promise I will not let you down and I will make you proud,” he concluded.

—

*Copyright 2024 Associated Press*
https://wsvn.com/entertainment/on-eve-of-sentencing-combs-tells-judge-he-has-been-reborn-asks-for-mercy/