Buyers Cannot Be Made To Wait Indefinitely For Possession: NCDRC Holds VGN Projects Liable For Deficiency In Service

The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Ram Maurya, held VGN Projects Estates liable for deficiency in service over delayed possession of the booked flat to the owner. Brief Facts of the Case The complainant and his wife entered into agreements with VGN Projects Estates//builder to purchase and construct an apartment in the “CGN...

Insurance Contracts Are Special Contracts Based On Principle Of Full Disclosure: NCDRC

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, dismissed a revision petition against Life Corporation India and held that the proposer of an insurance policy must disclose all material facts about the risk involved and be transparent with the facts. Brief Facts of the Case The complainant's uncle took three insurance policies from...

Rajasthan RERA Refuses Refund To Homebuyer In Completed Project, Orders Interest For Delay Instead

Rajasthan Real Estate Regulatory Authority (Authority) Bench, comprising Veenu Gupta (Chairperson), refused to grant refund to homebuyer in a completed real estate project, citing potential adverse effects on the project. However, the Authority directed the builder to pay interest to the homebuyer for the delay instead. Background Facts The homebuyer was allotted Flat No. 303...

Haryana RERA Orders Builder To Pay Interest To Homebuyer For Delay Of Over Four Years In Handing Over Possession

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed the builder to compensate homebuyers for a delay of over 4.1 years in handing over possession of the flat, whose due date for possession was April 6, 2020. Background Facts The Homebuyers were allotted a plot in the project of the builder named Raheja Aranya City Phase...

Haryana RERA Orders Refund To Homebuyer After Builder's Failure To Hand Over Possession Even After Delay Of Seven Years

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed the builder to refund the amount paid by the homebuyer to purchase a flat, after the builder failed to hand over possession even after a delay of seven years and six months. Background Facts The Homebuyer was allotted a...

Insurance Contracts Should Be Given Plain Meaning: NCDRC

The National Consumer Disputes Redressal Commission, presided by Justice A. P. Sahi, dismissed a case against United India Insurance and held that unless the terms of an insurance contract are ambiguous, requiring further interpretation, the plain and straightforward meaning of those terms should be applied. Brief Facts of the Case Muthoot Finance Limited/complainant took...

Haryana RERA – Increasing Super Built Up Area Without Prior Permission Of Complainant Is Bad In Eyes Of Law

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Justice Ashok Sangwan (Member), has held that a builder increasing the super built-up area of a booked flat from 707 sq. ft. to 874.09 sq. ft. without any prior permission from the complainant is bad in the eyes of law. Accordingly, the Authority has quashed the builder's demand letter requesting additional payment...

6% Interest Appropriate Compensation For Delay In Handover Of Property: NCDRC

The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya and Bharatkumar Pandya(member), held that 6% interest on the deposit is an appropriate compensation for delay in handing over possession of a property. Brief Facts of the Case The complainants entered into an agreement with the Shree Sainath Constructions/ developer to purchase a flat,...

Transparency Regarding Construction Details Mandatory: NCDRC Holds Gautam Construction Company Liable For Deficiency In Service

The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and Sadhna Shanker(member), held that there has to be proper transparency regarding the construction details, even if it's not explicitly stated in the contract. Brief Facts of the Case The complainant entered into a contract with the builder for the construction of a house, and payments were to be...

“Sufficient Cause” For Condoning Delay Requires Party To Have Acted Diligently And Without Negligence: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that delay should not be excused without sufficient cause, and the fact that other parties have been granted relief does not justify excusing delay in similar cases. Brief Facts of the Case The complainant filed an appeal against a District Forum's order in the State Commission of...

Surveyor's Report Is Not Final And Can be Contested With More Evidence: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that in cases of discrepancy between the insured amount assessed by an authorized dealer and a surveyor, the claim by the dealer will take precedence. This is because the dealer's assessment is often based on a more thorough and detailed inspection, providing a more accurate estimate of the damages...

Report From Expert Organization Must Be Obtained To Establish Defect: NCDRC

The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and Sadhna Shanker(member), held that for a consumer forum to establish a defect, an expert report from an expert organization must be produced. Brief Facts of the Case The complainant purchased a Honda Civic car from the Honda Cars India/dealer for Rs. 13,20,003. The car was involved in an...