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RERA SOLUTIONS TO THE PROBLEMS OF THE ALLOTTEE The Real Estate (Regulation and Development) Act (hereinafter referred to as “the Act”) came into force in 2016 with an objective to regulate the capital read more
RERA SOLUTIONS TO THE PROBLEMS OF THE ALLOTTEE
The Real Estate (Regulation
and Development) Act (hereinafter referred to as “the
Act”) came into
force in 2016 with an objective to regulate the capital intensive market of the
Real Estate Sector. It establishes an authority (Real Estate Regulation
Authority) (hereinafter referred to as “the
Authority”) to keep the check and balances along with a central
advisory council and an appellate tribunal thus providing for adjudication.
Though the act protects
the interests of the allottees, the promoter, and the agent as well, it majorly
affects the allottees who have systematic and reliable management to fall
back to. Among other things, the act mandates certain obligations on the promoters, not following
of which attracts hefty liability and penalties in the name of the promoter. These obligations bring a sense of comfort to the
allottee because of the transparency they provide. It also promotes
accountability and thus helps not only the allottee
but the bonafide builder as well and helps in carrying out the process
smoothly with several checkpoints. While these provisions are a boon for the bonafide promoter, they are a
bane for the malafide ones. Before the implementation of the act, the corrupt,
malafide, and unlawful practices of such promoters went unchecked due to lack of
proper mechanism, however, the same cannot be said to be true now. Nonetheless,
even with the strict provisions for transparency, accountability, and liability
unlawful activities still continue to take place - with a decreased quantum, if
not with the same intensity as before the implementation of the Act. There is
a varied range of disputes that may arise in the contractual relationship of
the builder and the buyer, as per Section 11(4) of the Act, the promoter is responsible for all obligations, responsibilities, and
functions under the provisions of this Act or the rules and regulations made
thereunder or to the allottees as per the agreement for sale, or to the
association of allottees, as the case may be, till the conveyance of all the units to the allottees, or the common areas to the association of
allottees or the competent authority. However, in case of a structural
defect or any other defect, this responsibility extends beyond the execution of the conveyance deed.
Since a violation can arise only where there exists an obligation, this article
puts forth the solutions to the anticipated violations as per the varied
responsibilities of the promoters:
WITH
RESPECT TO THE ACT
1. Registration: The act mandates the promoter to register the real estate project and disclose the
documents relating to brief details
of his enterprise,
projects, an authenticated copy of the approvals and commencement
certificate, the sanctioned plan, layout plan and specifications of the proposed project or the phase thereof, and the whole project as sanctioned by
the competent authority,
the plan of development works, location details of the project, proforma of the
allotment letter, agreement for sale, and the conveyance deed proposed to be
signed with the allottees,
the number, type, and the carpet area
of the units, details of real estate
agents, contractors, architect,
structural engineer
and other people associated with the development of a project, an affidavit
confirming legal title to the land, that the land is free from all encumbrances, due date of completion, separate account, and other prescribed documents by the state authority. If the same is
not done by the promoter, the aggrieved allottee can file a complaint under
section 4 of the Act. The penalty can also be imposed on such a promoter under
sections 60 and 61 of the Act.
2. Advertisement: The The act mandates the promoter to register the real estate project before
advertising, marketing, booking, selling or offer for selling, or inviting persons to purchase in any manner the unregistered unit in an ongoing the project, the allottee can file a complaint about a violation of Section 3 of the
Act. The penalty can also be imposed on the promoter under section 59 and 61 of the
Act.
3. Obtaining insurance and other documents: The promoter has to obtain and thereafter transfer
the insurance documents and other documents like title documents, construction
documents, etc to the allottee. It is also the promoter’s responsibility to pay
the premium and charges in respect of such documents. If the promoter does not obtain or transfer or pay for
such documents to the allottee, the aggrieved allottee may file a complaint
under section 16 and 17(2) of the Act.
4. Advance amount: Executing a written agreement for the sale is extremely pertinent and before such an agreement for sale is executed
between the promoter and the allottee, the promoter cannot accept more than 10%
of the total sale consideration as advance money. If a sum of more than 10% of
total sale consideration is taken from the allottee, the aggrieved allottee can
file a complaint about a violation of section 13.
5. Structural change: The promoter is obligated to follow
the sanctioned plans, layout
plans and specifications and the nature of the fixtures, fittings, amenities
and common areas, of the units
as approved by the competent
authorities. Any
addition/alteration in the same can only be made by previous consent of the
allottee or two-third of the allottees and the concerned authority. Minor
additions/alterations, on the other hand, can be made as may be required by the allottee, or such minor changes or
alterations as may be necessary due to architectural and structural reasons
duly recommended and verified by an authorized Architect or Engineer after
proper declaration and intimation to the allottee. These minor changes exclude the structural change including an addition to
the area or change in height, or the removal of part of a building, or any
change to the structure, such as the construction or removal or cutting into of
any wall or a part of a wall, partition, column, beam, joist, floor including a
mezzanine floor or other support, or a change to or closing of any required
means of access ingress or egress or a change to the fixtures or equipment,
etc. If any change is made without the consent of the allottees
or if any minor change is made without the intimation to the allottee or
without appropriate permissions, as stated above, the aggrieved allottee can
file a complaint about a violation of section 14 of the Act.
6. Completion certificate and occupancy
certificate:
The promoter is obligated to obtain the completion certificate and the
occupancy certificate and hand over the same to the allottee at time of
transfer of possession. If the promoter fails to do so, the possession is not
deemed to be lawful and the aggrieved allottee can file a complaint about
violation of section 11(4)(b).
7. Lease certificate: If the development is done on a lease
hold land, the promoter has to give a lease certificate to the allottee or the
association of allottee certifying
that all dues and charges in regard to the leasehold land have been paid. If the promoter fails to do so so, the aggrieved allottee can file a complaint about a violation of section 11(4)(c ) of
the Act.
8. Association of allottee: The promoter has the duty to form the
association or a co-operative society or a federation of the allottees under
the local laws or within a period of three
months of the majority of allottees having booked their respective units. If the promoter
fails to form the same, the aggrieved allottees can file a complaint about
violation of section 11(4)(e ) of the Act.
9. Conveyance deed: The the promoter is responsible for the execution of a conveyance deed in favor of the
allottee along with the undivided
proportionate title in the common areas to the association of allottees or
competent authority
as per the time limits of local laws or in their absence, within, within three months from date of issue of occupancy
certificate. If the
promoter fails to do so, the aggrieved allottee can file a complaint for
violation of obligations under sections 17 and 11(4)(f).
10. Payment: The promoter is responsible to pay all outgoings including land cost, ground rent, municipal
or other local taxes, charges for water or electricity, maintenance charges,
including mortgage loan and interest on mortgages or other encumbrances and
such other liabilities payable to competent authorities, banks and financial
institutions, which are related to the project until he transfers the physical possession of the real estate
project to the allottee or the associations of allottees. If the promoter fails to do so, the aggrieved allottee can file a complaint about a violation of Section 11(4) (g) and
(h) of the Act.
The promoter
is also responsible for providing and
maintaining the essential services, on reasonable charges until transfer of physical
possession. If he fails to do so, a complaint can be filed for violation of the obligation under section 11(4)(d) of the act.
11. Defective title of land: It is the obligation of the promoter to ensure that
the land on which the unit is being built is not defective. If any loss is
caused to the allottee due to the defective title of the land, the aggrieved
allottee can file a complaint under section 18(2) of the Act for compensation.
12. For any violation: The ambit of the act is very wide. If the allottee is
aggrieved for any violation of obligation as per the act and seeks compensation
for the same, a complaint can be filed under section 18(3) of the Act. A penalty can also be imposed on the promoter under
section 61 of the Act.
13. Maintenance: The promoter
shall be responsible for providing and maintaining the essential services, on
reasonable charges, till the taking over of the maintenance of the project by
the association of the allottees. If the promoter fails to oblige by the same,
a complaint can be registered under section 11(4)(d).
WITH RESPECT TO
AGREEMENT FOR SALE
Both the allottee
and the promoter enter into an agreement for sale(hereinafter referred to as “the
agreement”) by virtue of which, they share a contractual relationship with
each other tied with the restrictions of the agreement. The rights and
obligations as specified by the agreement have to be adhered to. In the case of non-obligation of the same, it attracts liabilities.
Every agreement,
though follows a similar model, is peculiar and hence the obligations under a particular agreement have to be studied in particularity to know the solution
to breaches of obligations therein. However, there are certain general
anticipated breaches of the agreement as per the act which can be caused under
the following circumstances:
1. Wrongful cancellation: Wrongful cancellation can be said to be done if the
same is done unilaterally, without sufficient cause or without obliging the
terms and conditions of the agreement. If the promoter wrongfully cancels the
allotment of the allottee, the aggrieved allottee may file a complaint about
violation of Section 11(5) of the Act.
2. Pending obligations before transfer: The promoter can transfer his majority
rights and liabilities in the project to any third party but only after
obtaining the written consent of two-thirds of the allottees and the authority. In
case of such transfer, the promoter is liable to complete his pending
obligations of the agreement. If he fails to do so, the aggrieved allottee can
file a complaint about a violation of Section 15(2).
3. Delivery of possession: The promoter is obligated to deliver the
possession of the allotted unit to the allottee within the due date and the
grace period as mentioned in the agreement. If the same is delayed, the aggrieved allottee can file a complaint under section 18(1) and section 19(4)
of the Act for return of amount and compensation and interest.
4. Information for plans and schedules: The promoter has to give information relating to
sanctioned plans, layout plans along with the specifications, approved by the
competent authority along with the stage-wise
time schedule of completion of the project, including the provisions for water,
sanitation, electricity and other amenities and services as agreed to between
the promoter and the allottee. It may include any other
information as per the agreement or even the Act or the rules and regulations.
If such information is not given to the allottee, the aggrieved allottee can
filed a complaint about a violation of section 19(1), 19(2) and 11(3)
of the Act.
5. Any other violation: As has already been mentioned that each
agreement needs to be dealt with in particularity. For any other violation of
obligation arising from such agreement, a complaint under section 18(3) can be
filed for return and compensation.
WITH
RESPECT TO AUTHORITY
1. Compliance of order of authority: If the promoter does not comply with the order or directions of the
authority, the aggrieved allottee may file a complaint under section 63 of the
Act.
2. Compliance of order of appellate tribunal: If the promoter does not comply with
the order or directions of the appellate tribunal, the aggrieved allottee may
file a complaint under section 64 of the Act.
3. Execution: It is not unusual
for an order by the adjudicating authority or even the appellate tribunal to
not be followed. In that case, the aggrieved allottee can file for the execution of
an order under Section 40 of the Act. On such filing, a recovery
certificate (RC) is issued to jurisdictional
District/Revenue Collector/Magistrate. RC is then forwarded to Jurisdictional
Tehsildar or related officer for its execution. The
authority/officer/tribunal that passes the order possesses the power to enforce
it as well.
OTHERS
At certain instances
not covered in the act, the aggrieved allottee can also approach the authority.
The modern trend in the real estate sector has been to attract the buyers with
interest rate subvention schemes or subvention schemes which provide financial
flexibility and ease on the buyers. They have been discussed herein below-
Pre-EMI scheme: Pre-Emi schemes can be traced from the builder buyer
agreement. They are also popularly known as NO PRE-EMI TILL POSSESSION schemes.
In such schemes, the buyer takes a loan from a housing finance bank and
thereafter a Tri-Partite agreement is entered into amongst the builder, the
buyer, and the housing bank. The payment schedule is broken in two parts -
Pre-EMI and EMI. It is the obligation of the builder to pay the Pre-EMI as per
the terms and conditions of the agreement which can either be for a specified
period or until the delivery of possession, as the case may be. It is only after
such a period that the Buyer's liability to pay the EMI begins. In the meanwhile,
the housing bank keeps on disbursing the loan amounts to the builder as per the
construction linked plan.
It has been seen
that certain banks and the builders act in connivance and harass the buyer into
paying the Pre-EMI as well. If the buyer refuses to pay such amounts, it
drastically affects the CIBIL Score of the buyers. The housing bank on the
other hand disburses the loan amount to the builder without considering the
construction of the project which is also against the Reserve Bank of India’s
guidelines[1].
In such instances, although the act does not mention any specific relief, yet
the allottee can approach the authority to seek grievance of the same. Here,
the allottee does not have to wait for the due date of delivery to pass in
order to approach the authority, the allottee can approach even if the default
has occurred before such a date.
Buy Back Scheme: Buy Back schemes are one of the most attractive
schemes where the builder assures the allottee that the builder would buyback
the property, if the allottee would not want to take its possession after a
stipulated time at an appreciated price. In such agreements, the allottee may
either retain the property or sell it to the builder at the predetermined
price. It is also to be noted that such schemes if arising out of MOUs shall
not be within the jurisdiction of the authority or the adjudicating officer.
The forum deals in contractual obligations arising out of builder buyer
agreements. For the recourse to the sought from RERA, the MOU should be a part
of the BBA. However, an MoU containing the assured return scheme could be
considered as an agreement for sale if the adjudicating authority established
under RERA and the Appellate Tribunal were to interpret the definition of
agreement for sale under Section 2(c) broadly by taking into consideration the
objects of RERA and without limiting the definition by the particulars of
Section 13(2) and the prescribed agreement for sale and hence RERA would have
exclusive jurisdiction in such matters on account of Section 79.
Assured Return
Scheme: In such schemes, the builder assures the
allottee a return on payment of a substantial part of the unit value. For
instance, the builder may demand an upfront payment of 50% of the total sale
consideration and promise to pay a return on such payment until the delivery
of possession and demand the remaining amount at the time of delivery. The
Delhi High Court[2]
held that certain assured return schemes are structured such that, the
developers invite investors to invest in their project on a rate per foot
basis. There will be no unit or property that will be demarcated to be allotted
to the investor and there is no intention to hand over the possession of the
property upon completion. The developer retains the possession of the property
and manages it according to the scheme. The developer finds appropriate persons
to lease the property to and the retail investor receives returns based on the
value of the lease and corresponding investment made. This type of assured
return schemes is recognized as a CIS (collective investment scheme)
Disclaimer: Views are based
on the knowledge and expertise of the author.
©️ Copyright. All
rights reserved.
No part of this work
maybe reproduced or transmitted in any form or by any means, electronic,
mechanical, photocopying, microfilming, recording or otherwise, without written
permission from the Author/Publisher.
The author of this
article, Harshit Batra is an Advocate and RERA Consultant based in
Gurugram & Delhi, practicing Pan India. He is also the National
Coordinator of the Youth Bar Association of India (Regd.).To bring about his
expertise on this subject; he was also the Former Legal Executive of the Real
Estate Regulatory Authority – Gurugram Bench.
Academically, He holds an LL.M in Alternate Dispute
Resolution from GGS INDRAPRASTHA UNIVERSITY, NEW DELHI as followed after pursuing his bachelors from the
same university. Additionally, he holds
a
P.G. Diploma in Corporate Laws and Management from INDIAN LAW INSTITUTE and
another P.G. Diploma in International and National Intellectual Property Rights
Law from THE INDIAN ACADEMY OF INTERNATIONAL LAW & DIPLOMACY (INDIAN
SOCIETY OF INTERNATIONAL LAW). Apart from these he also holds a Diploma in Cyber Law From GOVERNMENT
LAW COLLEGE, MUMBAI (Jointly Offered with Asian School of Cyber Law, Pune), Certificate course on Intellectual Property Rights (IPR)From FEDERATION OF INDIAN
CHAMBERS OF COMMERCE AND INDUSTRY and has also done a Certificate course in Consumer Protection
(CCP) from Indira Gandhi National Open
University.
If you have any questions
regarding this article, please do not hesitate to contact him at
harshit.batra7@gmail.com.
The Delhi High Court has in the recent case of Kusum Sharma vs Mahinder Kumar Sharma passed a Judgment dated 06-08-2020 and modified the guidelines to be considered for fixing the amount of #maintenance read more
The Delhi High Court has in the recent case of Kusum Sharma vs Mahinder Kumar Sharma passed a Judgment dated 06-08-2020 and modified the guidelines to be considered for fixing the amount of #maintenance in #matrimonialdispute matters.
To read more, please visit the link below:
#matrimonialdispute #maintenance #spouse #delhihighcourt #guidelines
In a recent Judgment passed by the Special Bench of three Judges, the #SupremeCourt of India decided upon whether a #Suit should start afresh in case of return of #Plaint. In the matter of M/S. Exl Careers read more
In a recent Judgment passed by the Special Bench of three Judges, the #SupremeCourt of India decided upon whether a #Suit should start afresh in case of return of #Plaint. In the matter of M/S. Exl Careers and Another v. Frankfinn Aviation Services Private Limited CA/2904/2020, decided on 05.08.2020, the Parties had entered into a #FranchiseAgreement and agreed that in the event of any dispute Parties would move to the Courts in #Delhi.
To read more, please visit the link below:
#plaint #franchise #agreement #suit #supremecourt #delhi
The Supreme Court in a recent Judgment dated 07.08.2020 in the case of Hari Krishna Mandir Trust vs. State of Maharashtra (CIVIL APPEAL NO.6156 OF 2013), has directed that #HighCourts are bound to issue read more
The Supreme Court in a recent Judgment dated 07.08.2020 in the case of Hari Krishna Mandir Trust vs. State of Maharashtra (CIVIL APPEAL NO.6156 OF 2013), has directed that #HighCourts are bound to issue a writ of #mandamus for enforcement of a #publicduty.
To read more, please visit the link below:
#publicduty #mandamus #highcourt
সাইবার ক্রাইম কি ? খুব সহজ হলেও একই প্রশ্ন প্রত্যেকের মনে বারবার আছে যে সাইবার ক্রাইম কি | বলতে গেলে সাইবার ওয়াল্ডে অর্থাৎ ইন্টারনেটের মাধ্যমে যে জগৎটাতে আপনারও যাতায়াত করেন সেই জগতে যে সমস্ত অপরাধগুলো read more
সাইবার ক্রাইম কি ?
খুব সহজ হলেও একই প্রশ্ন প্রত্যেকের মনে বারবার আছে যে সাইবার ক্রাইম কি | বলতে গেলে সাইবার ওয়াল্ডে অর্থাৎ ইন্টারনেটের মাধ্যমে যে জগৎটাতে আপনারও যাতায়াত করেন সেই জগতে যে সমস্ত অপরাধগুলো সংগঠিত হয় তাদেরকে সহজ ভাষায় সাইবার ক্রাইম বলা হয় | তাহলে এটাই দাঁড়ালো যে সাইবার জগতে ঘটে যাওয়া অপরাধকেই সাইবার অপরাধ বলে |
What is Cyber Crime?
In simple word, Crimes committed and or occurred in cyber world or internet world or virtual world where you frequently travelled through internet, are cybercrimes. So, it turns out that the crime that happens in cyber world is called cybercrime.
साइबर अपराध क्या है?
हालांकि बहुत ही सरल है, फिर भी एक सवाल सभी के मन में बार-बार आता है कि साइबर अपराध क्या है? वास्तव में, साइबर दुनिया में, यानी इंटरनेट के माध्यम से आप जिस दुनिया में जाते हैं, उस दुनिया में होने वाले अपराधों को बस साइबर अपराध कहा जाता है I
আপনি যদি কোন সাইবার ক্রাইমের শিকার হন তাহলে সেক্ষেত্রে আপনি কিভাবে অভিযোগ জানাবেন ?
আপনি সাইবার ক্রাইমের শিকার হলে, আইনের ভাষায়, আপনার অভিযোগ লেখার ব্যাপারে কোন নির্দিষ্ট ফরম্যাট বা রুপরেখা দেওয়া নেই | আমাদের অন্যান্য অপরাধের মতো সাইবার অপরাধ কে দু ভাগে ভাগ করা যায় | ধর্তব্য অপরাধ (Cognizable offence) আর অধর্তব্য অপরাধ (Non Cognizable offence) এবং যদি ধর্তব্য অপরাধ (Cognizable offence) হয় তাহলে আপনি সাদা পাতায় আপনার অভিযোগটি সহজ ভাষায়, (সেটা বাংলায় হতে পারে হিন্দি হতে পারে ইংরেজি হতে পারে বা আপনার মাতৃভাষা হতে পারে) থানায় অভিযোগ করবেন | আপনি মনে রাখবেন যে আপনার অভিযোগের সঙ্গে যেন যে অনলাইন সাইট গুলো নিয়ে আপনার অভিযোগ সেই সাইটগুলোর ইউ আর এল সমেত স্ক্রিনশট নিয়ে আপনি আপনার অভিযোগ জমা দেবেন | মনে রাখবেন অনেক মামলায় অভিযোগ জানানোর সময় বা তার আগেই অপরাধ যে ওয়েবসাইট থেকে হচ্ছে যেমন ফেসবুকের পেজ থেকে হচ্ছে তাকে ডিলিট করে দেওয়ার ব্যবস্থা করা হয় যার ফলে তদন্তের সময় ইউ আর এল পাওয়া যায় না আর যার ফলে আইপি অ্যাড্রেস বা ইনভেস্টিগেশনে আর বেশি এগোনো যায় না | তাই যখনই আপনি অভিযোগ জানাবেন আপনার অভিযোগের আগে রিপোর্ট করে পেজগুলোকে ব্লক করে দেবেন না তার আগে ইউআরএল সমেত স্ক্রিনশট নিয়ে আপনি রেখে দেবেন যাতে তদন্তের সময় ওগুলো আপনি পুলিশ অফিসার কে দিতে পারেন |
If you are a victim of a cybercrime, how do you report it?
If you are a victim of cybercrime, in the language of the law, there is no specific format or outline for writing your complaint. Like other crimes, cybercrime can be divided into two parts and they are cognizable offenses and non-cognizable offenses. If it is a cognizable offense, you can lodge your complaint on the white page in simple language (it can be in Bengali, Hindi, English or in any of your mother tongue). Remember to submit your complaint along with a screenshot of the offensive online sites which relates your complaint. Keep in mind that in many cases, at the time of filing a complaint or before the crime is committed, the website from which the crime is being committed is deleted by the victim or his or her relatives, so that the URL is not available during the investigation of the case and the IP address cannot be obtained or investigation cannot be further proceeded. So, whenever you make a complaint, don't try to delete or block the pages by reporting to concerned sites and preserve screenshots or evidence otherwise, with the URLs so that you can give them to the police officer during the investigation.
यदि आप एक साइबर अपराध के शिकार हैं, तो आप इसे कैसे रिपोर्ट करेंगे ?
यदि आप साइबर अपराध के शिकार हैं, कानून की भाषा में, आपकी शिकायत लिखने के लिए कोई विशिष्ट प्रारूप या रूपरेखा नहीं है I हमारे अन्य अपराधों की तरह, साइबर अपराध को दो भागों में विभाजित किया जा सकता है I संज्ञेय अपराध (Cognizable offence) और गैर-संज्ञेय अपराध (Non-Cognizable offence) और अगर यह एक संज्ञेय अपराध है, तो आप अपनी शिकायत को सरल भाषा में (यह बंगाली, हिंदी, अंग्रेजी या आपकी मातृभाषा में हो सकता है) पुलिस को रिपोर्ट करेंगे I आपको वह याद रखना होगा के जीन ऑनलाइन साइटों के बारे में आपको शिकायतें है, आप उन साइटों के URL सहित स्क्रीनशॉट के साथ अपनी शिकायत दर्ज करें I याद रखें कई मामलों में शिकायत दर्ज करने के समय या इससे पहले हि अपराध जिस वेबसाइट से हो रहा है जैसे फेसबुक पेज से हो रहा है, उसे हटाने की व्यवस्था की जाती है, परिणामस्वरूप, जांच के दौरान URL नहीं मिलता है और इसीलिए, आईपी पते (IP Address) या जांच और आगे बढ़ाया नहीं जा सकता हैं I इसलिए जब भी आप शिकायत करें अपनी शिकायत से पहले रिपोर्ट करके पेज ब्लॉक न करें बल्कि इससे पहले आप URL सहित स्क्रीनशॉट के रखें ताकि जांच के दौरान आप उन्हें पुलिस अधिकारी को दे सकें I
সাইবারক্রাইমের অভিযোগ কোথায় জানাবেন ?
যদি আপনি পশ্চিমবাংলার লোক হন তাহলে সেক্ষেত্রে পশ্চিমবাংলায় প্রতিটি জেলায় জেলায় সাইবার ক্রাইম থানা হয়ে গেছে | আপনি যে জেলায় থাকেন সেই জেলা সদরে আপনি খোঁজ নেবেন | আপনি আপনার সাইবার থানা সম্পর্কে বিস্তারিত জেনে যাবেন আপনি যদি কমিশনারেট এলাকায় থাকেন তাহলে সে ক্ষেত্রে প্রতিটি কমিশনের একটি করে সাইবার থানা আছে | আপনি সেখানে অভিযোগ জানাতে পারেন লিখিতভাবে | মনে রাখবেন মহামান্য সুপ্রিম কোর্টের রায় অনুযায়ী যদি আপনার ধর্তব্য অপরাধ (Cognizable offence) হয় তবে সেক্ষেত্রে থানার অফিসার কে আপনার অভিযোগ এফআইআর হিসেবে নিতে হবে | আমি নিচে পশ্চিম বাংলার বিভিন্ন এলাকায় কোথায় কোথায় সাইবার থানা আছে তার সম্বন্ধে একটা বিস্তারিত তথ্য দিলাম এই তথ্যটা আমি আমার মতো করে যোগাড় করেছি আপনারা এই তথ্যটা কে একটু যাচাই করে নেবেন :
Where to report cybercrime in West Bengal?
If you are a person from West Bengal, then every district in West Bengal has a cyber crime police station. You will find the cyber police station in every district town where you live. If you are in the Commissionerate area, then each Commissionerate has a cyber police station. You can complain there in writing. Remember, according to the judgment of the Hon’ble Supreme Court of India, if you report a cognizable offense, then the police officer has to take your complaint as an FIR. Below I have given a detailed information about the places where there are cyber police stations in different areas of West Bengal. I have gathered this information in my own ways but will request you to verify before rely on the following information:
साइबर क्राइम की रिपोर्ट कहां करें ?
यदि आप पश्चिम बंगाल से हैं, उस स्थिति में, पश्चिम बंगाल का हर जिला साइबर क्राइम पुलिस स्टेशन बन गया है I आप जिस जिले में रहते हैं, वहां के जिला मुख्यालय में मालूम करे I आपको अपने साइबर पुलिस स्टेशन के बारे में विवरण जान जाएंगे I यदि आप कमिश्नरी क्षेत्र में हैं, तो प्रत्येक आयोग में एक साइबर पुलिस स्टेशन है, आप वहां लिखित रूप से शिकायत कर सकते हैं I याद रखें, सुप्रीम कोर्ट के फैसले के अनुसार यदि आपके पास संज्ञेय अपराध है, उस मामले में, पुलिस अधिकारी को आपकी शिकायत एफआईआर के रूप में लेनी होगी I नीचे मैंने एक विस्तृत जानकारी दी है कि पश्चिम बंगाल के विभिन्न क्षेत्रों में साइबर पुलिस स्टेशन कहाँ हैं I मैंने यह जानकारी मेरी तरह इकट्ठा की है। आप इस जानकारी को थोड़ा सत्यापित कर ले:
DISTRICT NAME | PHONE NO. | Town |
Siliguri Commisionerate | 0353-2660040 | Siliguri |
Malda |
| Malda |
South Dinajpur | 352255650 | Balurghat |
North Dinajpur | 03523-246128 | Raiganj |
Cooch Behar |
| Cooch Behar |
Birbhum | 03462-257-555 | Suri |
Bankura | 3242250625 | Bankura |
Hoogly |
| Chinsurah |
West Burdhawan: Asansol Durgapur PS | 3412319567 | Durgapur |
East Burdhawan | 9073676236 | Burdwan |
Nadia | 3472250016 | Krishnanagar |
West Midnapur | 8900560073 | Medinipur |
East Midnapur |
| Tomluk |
Purulia | 325222006 | Purulia Town |
Jhargram | 03221-255-304 | Jhargram |
South24 Parganas: Baraipur District | 033-2433-0108 | Baruipur |
North 24 Parganas | 3325523500 | Barasat |
Bidhannagar Commissionerate | 033-23595589 | Bidhannagar Cyber PS |
Howrah | 033-2676-8007 | Howrah |
Kolkata | 2214-3000/2250-5120 | Lal Bazar |
|
|
|
CID West Bengal | (033) 24506100/24506174 | Bhabani Bhaban, 31 Belvedere Road, Alipore, Kolkata-700 027 |
Intellectual Property in today’s day and age has undoubtedly acquired the status of a major area in law. Basically, this property means the creation or invention of a product/service through putting in read more
Intellectual
Property in today’s day and age has undoubtedly acquired the status of a major
area in law. Basically, this property means the creation or invention of a
product/service through putting in mental labour and effort by an individual or
a group of individuals. Through this area of law i.e. Intellectual Property
Rights, one can enjoy the exclusive rights, subject to certain time period, to
create, distribute or regulate the use of the said product/service. Though IP
contains various branches such as Trademarks, Copyrights etc., we will talk
exclusively about Trademarks and Designs.
A Trademark, going by the name implies a mark
which depicts or represents your trade. In a market, the purpose of a TM is to
distinguish your product from others and it subsequently enables the consumers
to identify your product or service. A Trademark can enable its owner to
prevent other from the unauthorised usage and also disallow other participants
in the market to use a similar mark which can create confusion in the minds of
consumers. TM under the Indian law is described under the Trademark Act, 1999[1]
as, “trade mark means a mark capable of being represented
graphically and which is capable of distinguishing the goods or services of one
person from those of others and may include shape of goods, their packaging and
combination of colours”
A
Design attributes to the appearance of a product; it enables the owner to
protect the physical attributes of his product that is distinctive in nature. A
design represents the imagination and intelligence of a person that turns his
creativity into a product. The design of any product if it’s good has a lasting
influence on consumers' minds. Further, it adds value to the market of the
product when a concept is appealing. The Designs under Indian law are protected
in the Designs Act, 2000[2]
as, “Features of shape,
any configuration, pattern, ornament or composition of lines or colours which
is applied to Two dimensional or three dimensional or in both the forms using
any process including manual, chemical or mechanical, separate or combined
which in the finished article appeal to or judged solely by the eye”
However, there are
certain conditions that are needed to be fulfilled while registering a design
such as:
·
Novelty and Originality
·
Uniqueness of the Design must be there
·
New design must not be contrary to morality
In case
of Hello
Mineral Water PVT. LTD. v. Thermoking California Pure[3],
a concept of a cylindrical-shaped water dispenser was not deemed unique on the
grounds that mere shape and form was not sufficient to prove innovation.
The Intention behind Trademark and
Design law: A design-specific law is intended to
encourage creativity by granting licensed proprietors exclusive access and
establishing a competitive advantage for a limited period of time. This also
helps/motivates companies to produce new and original content that cater to
their customers. At the other hand, the principle under the trademark laws is
to remove the risk of customer misunderstanding with respect to the source of
goods / services, and trademark rights that therefore be continuous or
perpetual.
Furthermore, an
essential question whether a suit that was composite which joins infringement
of Designs and passing off of a trademark can be maintainable, was answered in
the case of Carlsberg Breweries v.
Som Distilleries and Breweries Limited[4] where the
Delhi High Court has held that it is maintainable and thus it overruled the
judgment in Mohan Lal v Sona Paint[5] wherein it was held that
both issue cannot be combined into the same suit. The judgment in the present
case was given with reasoning that to join both the issues in a suit, the cause
of action must arise from the same transaction.
Trademark and Design
though are a huge branch of the same tree i.e. Intellectual property but
inherently are very different from each other. TM deals with the symbol, mark
or logo that represents a business whereas a Design is a graphical
representation of the product manufactured by a business.
[1]
Section 2(zb)
[2]
Section 2(d)
[3] 2000 (56) DRJ 700
[4] CS (Comm) No. 690 of 2018
[5] CS(OS) 384/2008
Do our political thought is being influenced by the big data analytics or we are still feel free not be a slave of brain-washing materials in the virtual world.? Let us find out. Expert says Data is the read more
Do our political thought is being influenced by the big data analytics or we are still
feel free not be a slave of brain-washing materials in the virtual world.? Let
us find out.
Expert says Data
is the ‘Air’ or Oil of the modern lifestyle.
The different
types of Personally Identifiable Information namely person’s name, picture, contact
details, location data, race, sexual orientation, Social security number,
location, online identifiers, genetic information and face orientation are all
been collected by invisible data broker.
These
invincible data brokers without our knowledge are collecting, packaging and
selling our personal private data online and offline. Different e-commerce and
social site companies are collecting, storing and tracking our data. Our life
is converted into data package where we are only products.
Our every
purchase, every journey, every likes and dislikes, our hobbies, our thinking
and thus every part of our life are digitised, tracked and logged. Today all
around we can find a data war where unknown and invisible data broker are
stealing your data and profiling us.
The corner
stone of all the laws in the world is human dignity.
· When
technologies are moving on a rapid speed, law on the other hand moves slowly.
· Today
with the more use of various algorithm the strain relationship of law and data
analytics or AI are becoming prominent.
· The
intention of the privacy legislation is to put a tab on unauthorized
collection, share management and use of one’s personal data.
· There
is an ongoing conflict between Human rights and organisation right. Online
social media organisations are accessing one’s shared information and
identifying a person and thus controls his autonomy. Any kind of algorithmic
failure will jeopardise one’s identity and autonomy in the days to come.
· In the modern times one data-analytic company has proved to be a woke up call.
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That #SushantSinghRajput’s #suicide was tragic and most unexpected is now behind us and what we now witnessing is a dogfight between #Bollywood which seems to have split down the middle.To read more, read more
That #SushantSinghRajput’s #suicide was tragic and most unexpected is now behind us and what we now witnessing is a dogfight between #Bollywood which seems to have split down the middle.
To read more, please visit the link below:
#supremecourt #biharpolice #bihar #patna #sushanthsinghrajput #rheachakraborty #investigation
The #SupremeCourt has recently in Parminder Kaur vs State of Punjab passed a Judgment dated 28-07-2020 and held that as the Trial Court failed to analyse the #evidence and the #defense of the Accused-Appellant read more
The #SupremeCourt has recently in Parminder Kaur vs State of Punjab passed a Judgment dated 28-07-2020 and held that as the Trial Court failed to analyse the #evidence and the #defense of the Accused-Appellant properly under Section 313 of the Code of Criminal Procedure 1973 (#CrPC), so the Apex Court had to re-evaluate the evidence to ensure proper #justice delivery.
To read more, please visit the link below:
#supremecourt #justice #evidence #sexualoffence #crpc
The #Ministry of Consumer Affairs, Food & Public Distribution vide Press Release dated 20.07.2020 notified the provisions of the #ConsumerProtectionAct, 2019 (‘the Act’).To read more, please visit read more
The #Ministry of Consumer Affairs, Food & Public Distribution vide Press Release dated 20.07.2020 notified the provisions of the #ConsumerProtectionAct, 2019 (‘the Act’).
To read more, please visit the link below:
http://www.theindianlawyer.in/blog/2020/08/01/product-liability-under-consumer-protection-act-2019/
#productliability #consumerprotectionact2019 #concumer #ministryofconsumeraffairs
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3. SoOLEGAL will charge 5% of the transaction value which is subject to change with time due to various economic and financial factors including inflation among other things, which will be as per SoOLEGAL’s discretion and will be informed to Registered Users about the same from time to time. Any tax applicable on Registered User/ Consultant is payable by such Registered User/ Consultant and not by SoOLEGAL.
4. SoOLEGAL will remit the fees (without any interest) to its Registered User/ Consultant every 15 (fifteen) days. If there is any discrepancy in such payment, it should be reported to Accounts Head of SoOLEGAL (accounts@soolegal.com) with all relevant account statement within fifteen days from receipt of that last cycle payment. Any discrepancy will be addressed in the next fifteen days cycle. If any discrepancy is not reported within 15 days of receipt of payment, such payment shall be deemed accepted and SoOLEGAL shall not entertain any such reports thereafter.
5. Any Registered User/ Consultant wishes to discontinue with this, such Registered User/ Consultant shall send email to SoOLEGAL and such account will be closed and all credits will be refunded to such Registered User/ Consultant after deducation of all taxes and applicable fees within 30 days. Other than as described in the Fulfilment by SoOLEGAL Terms & Conditions (if applicable to you), for the SoOLEGAL Site for which you register or use the Transacting on SoOLEGAL Service, you will: (a) source, fulfil and transact with your Documents/ Advices, in each case in accordance with the terms of the applicable Order Information, these Transaction Terms & Conditions, and all terms provided by you and displayed on the SoOLEGAL Site at the time of the order and be solely responsible for and bear all risk for such activities; (a) not cancel any of Your Transactions except as may be permitted pursuant to your Terms & Conditions appearing on the SoOLEGAL Site at the time of the applicable order (which Terms & Conditions will be in accordance with Transaction Terms & Conditions) or as may be required Transaction Terms & Conditions per the terms laid in this Documents/ Advice; in each case as requested by us using the processes designated by us, and we may make any of this information publicly available notwithstanding any other provision of the Terms mentioned herein, ensure that you are the REGISTERED USER of all Documents/ Advices made available for listing for Transaction hereunder; identify yourself as the REGISTERED USER of the Documents/ Advices on all downloads or other information included with Your Documents/ Advices and as the Person to which a customer may return the applicable Documents/ Advices; and
S-2.2 Returns and Refunds. For all of Your Documents/ Advices that are not fulfilled using Fulfilment by SoOLEGAL, you will accept and process returns, refunds and adjustments in accordance with these Transaction Terms & Conditions and the SoOLEGAL Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Documents/ Advices. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping of any hard copy and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of thisTransaction Terms & Conditions Documents/ Advice. You will route all such payments through SoOLEGAL We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), and you will reimburse us for all amounts so paid. For all of Your Documents/ Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable SoOLEGAL Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-6). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all such amount so paid.
S-5. Compensation
You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Transacting on SoOLEGAL Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Transaction Terms & Conditions. "Transacting on SoOLEGAL Subscription Fee" means the fee specified as such on the Transacting on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at the time such fee is payable. With respect to each of Your Transactions: (x) "Transactions Proceeds" has the meaning set out in the Transaction Terms & Conditions; (y) "Closing Fees" means the applicable fee, if any, as specified in the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and (z) "Referral Fee" means the applicable percentage of the Transactions Proceeds from Your Transaction through the SoOLEGAL Site specified on the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time of Your Transaction, based on the categorization by SoOLEGAL of the type of Documents/ Advices that is the subject of Your Transaction; provided, however, that Transactions Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Transaction Terms & Conditions will be made in the Local Currency.
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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