Consumer Cases
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...
Multiple Compensations For A Single Default Is Unjustified: NCDRC
The National Consumer Disputes Redressal Commission, presided by Subhash Chandra alongside Sadhna Shanker(member), held M/S. Exact Developers & Promoters liable for deficiency in service but set aside the state commission's order for granting compensation for mental agony, as multiple compensations cannot be granted for a single default. Brief Facts of the Case The complainants...
Consumer Cases Weekly Round-Up: 20th To 26th May 2024
National Consumer Disputes Redressal Commission Alerting Insurer About Renewal Of Insurance Is Bank's Responsibility: NCDRC Holds Syndicate Bank Liable For Deficiency In Service Case Title: Bank Manager, Syndicate Bank Vs. Ishwar Dayal The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held Syndicate Bank liable for deficiency in service and...
Commissions Cannot Condone Delay If Not Provided With Satisfactory Explanation: NCDRC
The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and Sadhna Shanker(member), in a case against Parsvnath Developers, held that the commissions cannot allow an application for condonation of delay if not provided with a sufficient cause. Brief Facts of the Case The complaint is about the request for condonation of a 10-day delay in filing...
Le Meridian Jaipur Ordered To Pay Rs. 25lakhs To Army Veteran As Refund For Cancellation Of Booking For Daughter's Wedding
The District Consumer Dispute Redressal Commission-1, Lucknow has directed Hotel Le Meridian, Jaipur to pay the complainant, Dr. Colonel Ajay Bahadur, an amount of Rs. 25,00,000/- with interest at 9% per annum from the date of payment made by the complainant to the date of judgment within 45 days from the date of Judgment.Dr. Colonel Ajay Bahadur (Complainant), a veteran army officer, through...