Consumer Cases
Loss Of Vision In One Eye Due To Undiagnosed Malignancy In Optic Nerve, NCDRC Upholds Order Against Superb MRI & C.T. Scan
The National Consumer Disputes Redressal Commission (NCDRC), New Delhi bench comprising Mr Justice A.P. Sahi (President) upheld the Chandigarh State Commission's order against Superb MRI and C.T. Scan, a diagnosis and scanning centre, which furnished an incorrect MRI Scan which led to delayed treatment, resulting in the loss of vision in the Complainant's left eye, attributed to an undiagnosed malignant growth in the optic nerve. The appeal filed by the Scanning Centre was dismissed. ...
The Ministry Of Housing And Urban Affairs Releases Report On The Implementation Status Of The Real Estate (Regulation & Development) Act.
The Ministry of Housing and Urban Affairs (MOHUA) has released the implementation status report of the Real Estate (Regulation & Development) Act, 2016, commonly known as RERA, in India. This legislation, which came into effect on May 1, 2017, aims to protect homebuyers and promote investments in the real estate industry by establishing a Real Estate Regulatory Authority (RERA) in each state for the regulation of the real estate sector and acting as an adjudicating body for speedy...
Haryana RERA Granted The Homebuyer Permission To Withdraw From The Project Due To The Delayed Possession.
Haryana Real Estate Regulatory Authority (Authority) bench comprising of Justice Ashok Sangwan (Member) has granted the homebuyer permission to withdraw from the real estate project due to delayed possession. Accordingly, the Authority directed the builder to refund the entire amount paid by the homebuyer, along with interest. Background Facts The Homebuyer (complainant) purchased...
MahaRERA Releases Discussion Paper On Maintenance And Operation Of Bank Accounts For Registered Projects, Invites Suggestions And Objections.
The Maharashtra Real Estate Regulatory Authority (MahaRERA) has released a discussion paper addressing the maintenance and operation of bank accounts for registered real estate projects. This initiative aligns with Section 4(2)(l)(D) of the Real Estate (Regulation and Development) Act, 2016, which mandates that seventy percent (70%) of the funds collected for real estate projects...
Bombay High Court : Questions On Concession By Party Before Maha RERA, Correct Approach Is To First File Review Before RERA Than Appeal To Maha REAT.
The Bombay High Court bench, comprising of Justice Sandeep V. Marne, has held that it is improper for a homebuyer to appeal before the Appellant Tribunal (MahaREAT) claiming that a concession recorded by the Authority (MahaRERA) was erroneous, without first filing an application before MahaRERA to review the order. Background Facts The Appellant (Builder) is the promoter of...
UP-RERA Introduces Digitally Signed QR-Coded Project Registration Certificate
The Uttar Pradesh Real Estate Regulatory Authority (UPRERA) has introduced digitally signed QR-coded project registration certificates and directed builders to prominently display these certificates featuring QR codes at both corporate and project site offices. The redesigned certificates will be digitally signed by the Secretary, incorporating QR codes for easy verification....
Maha REAT: Builder Firm Can't Argue That Partner Who Received Money From Home Buyer Retired, Firm Is Liable
Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising of Justice Shri Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held the construction firm liable for the misapplication of consideration money by the erstwhile partner. The consideration money of Rs. 22 lakh was paid by the homebuyers to the erstwhile partner of the construction firm...
Booking Commercial Space For Self-Employment Business Deemed As Commercial Purpose : National Consumer Commission
The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya (presiding member) and Bharatkumar Pandya(member), in a complaint against MVL Holding Ltd ruled that commercial space booked for doing business by way of self-employment comes under the definition of commercial purpose. The complaint was dismissed on the aforementioned ground. Contentions of...
TNREAT : If The Sale Agreement Stipulates Interest On Corpus Fund, Promoter Must Pay It, Whether They Earned Any Interest Or Not .
The Tamil Nadu Real Estate Appellate Tribunal (Tribunal) bench, comprising of Justice M. Duraiswamy (Chairperson) and R. Padmanabhan (Judicial Member), has held that if the sale agreement stipulates that the promoter will earn interest on the corpus fund, then the promoter is liable to pay interest on the corpus fund, regardless of whether they actually earned any interest from it.In real...
Self-Financing Non -profit Housing Scheme Can't Be Held Liable To Pay Compensation For Delay : NCDRC
The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya (presiding member) and Bharatkumar Pandya(member), in a petition against Uttar Pradesh Awas Evam Vikas Parishad, held that Statutory authorities in a self financing scheme cannot be burdened to pay compensation for delay in the handing over of the possession.Contentions of the ComplainantThe complainant,...
Only Procedural Aspects Or Clerical Mistakes Can Be Corrected After The Judgment Is Pronounced: National Consumer Commission
The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya (presiding member) and Bharatkumar Pandya(member), in a case against Jalandhar Improvement Trust, held that after a judgment is pronounced, the commission becomes functus officio (having performed the office), and it cannot be modified to award a higher penal interest and additional...
UP RERA Issues Directive To Include Co-Allottee's Name In Complaints
Uttar Pradesh Real Estate Regulatory Authority (UPRERA) has issued an office notice addressing a common issue found in pending complaints across various benches. The notice highlights the absence of co-allottees names in complaints filed by the primary complainant. According to the directive, it has been observed that in numerous cases, complainants have neglected to include the...