Consumer Cases
Builder Cannot Force Buyers To Accept One-Sided Contractual Terms In Builder-Buyers Agreements: NCDRC
The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held Omaxe Ltd liable for deficiency in service due to influencing the buyer to sign one-sided-clauses in the builder-buyer agreement. Brief Facts of the Case The complainant booked a flat in Omaxe City's project by M/S Omaxe Ltd/builder and was allocated a specific unit. Despite the...
Consumer Cases Weekly Round-Up: 27th May To 2 June 2024
National Consumer Disputes Redressal Commission Rejection Of A Surveyor's Report Must Be Due To Arbitrariness: NCDRC Case Title: United India Insurance Co. Ltd Vs. M/S. Khadi Udhyog The National Consumer Disputes Redressal Commission, presided by Subhash Chandra, held that the surveyor's report in an insurance incident can only be rejected based on pervasiveness...
Insured Must Report All Details Accurately, Regardless Of Importance: NCDRC
The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker (member), allowed an appeal by Aviva Life Insurance and held that the insured has a duty to fully disclose all information regardless of its material importance. Brief Facts of the Case The complainant's son had obtained a life insurance policy with a sum...
Insurance Premium Remains Unpaid If Cheque Not Encashed: NCDRC
The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and Sadhna Shanker(member), in an appeal against National Insurance Company, held that an insurance contract cannot be concluded if a cheque given as a premium has not been encashed. Furthermore it was held that a cheque not being encashed due to the insured's fault is similar to the premium not...
Consumer Protection Act Co-Exists With Other Statutes: NCDRC
The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker (member), held that the Consumer Protection Act serves as a complementary measure alongside other laws and allows multiple legal remedies. It was further held that remedies under this act are supplementary to other legislatures. Brief Facts of the Case The Appellant...
Clauses In Builder-Buyer Agreement Cannot Override Consumer Commission's Jurisdiction: NCDRC Holds Emaar India Liable For Deficiency In Service
The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker (member), held that the presence of an arbitration clause in the builder-buyer agreement cannot override the Jurisdiction of a Consumer Commission. Brief Facts of the Case The complainants booked a flat in the “The Views” project by Emaar India/builder for a total...
Venue Owner Not Obligated To Refund Advance In Case Of Late Cancellation: NCDRC
The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that venue owners are not obligated to refund the advance amount in case of late cancellations even if the reasons are genuine because securing a booking prevents the owner from taking new bookings, which results in a loss. Brief Facts of the Case The complainant booked the Kundan...
Lack of Medical Test Proves Insufficient Evidence For Alcohol Consumption: NCDRC
The National Consumer Disputes Redressal Commission, presided by Ram Surat Maurya and Bharatkumar Pandya(member), held Oriental Insurance liable for deficiency in service due to denial of the insurance policy citing alleged drunk driving. Brief Facts of the Case The complainant, identified as a partnership firm, purchased a BMW from Bird Automotive for personal use by one of...
Insurance Policies Should Be Interpreted Holistically In Favor Of Insured: NCDRC
The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, dismissed an appeal by Life Insurance and held that insurance policies should be interpreted broadly, keeping in mind the interests of the policyholder and the beneficiaries. Brief Facts of the Case The complainant is a nominee of the policyholder who approached Life Insurance...
Multiple Compensations For A Single Deficiency Is Not Justifiable: NCDRC
The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held M/S Anant Raj Limited liable for deficiency in service and upheld the order by the District Forum and the State Commission of Rajasthan. However, the Commission altered the amount of compensation granted by the District Forum stating that multiple compensations cannot be allowed for a...
Quantification In Insurance Is Mandatory Even For Inadmissible Claims: NCDRC
The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker (member), held that in the insurance industry, quantifying a loss is a standard procedural step that surveyors must perform for every claim, regardless of whether that claim is ultimately deemed admissible or not. Brief Facts of the Case The Complainant, a Tissue...
RERA Weekly Round Up – 27 May To 2 June 2024
Maharashtra Real Estate Appellate Tribunal MahaREAT Refuses To Adjudicate Homebuyer's Appeal Due To Ongoing Injunction Issued By Pune Civil Court Case – Kunal Kashyap & another Versus M/S Atul Enterprises The bench of the Maharashtra Real Estate Appellate Tribunal ('Tribunal'), comprising Justice Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical...