Consumer Cases
RERA Cases Weekly Round Up – 13th May To 19th May,2024
Karnataka Real Estate Regulatory Authority Karnataka RERA Orders Refund To Homebuyer After Builder's Failure To Hand Over Possession Even After Lapse Of Six Years Case – Rahamatulla Dhalayat Versus Mantri Builders Private Limited Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Justice HC Kishore Chandra (Chairperson), has directed the Builder to...
Consumer Cases Weekly Round-Up: 13th To 19th May 2024
National Consumer Disputes Redressal Commission (NCDRC)Policy Holder Must Take Reasonable Steps To Safeguard Insured Property Against Accident And Damage, NCDRC Dismisses Appeal Against New India Assurance CoThe National Consumer Disputes Redressal Commission, New Delhi bench of Mr Subhash Chandra...
Himachal Pradesh RERA Directs Builder To Construct Road Leading Up To Complainant Plot
Himachal Real Estate Regulatory Authority (Authority), bench comprising Justice Srikant Baldi (Chairperson) and BC Badalia (Member), has directed the builder to construct the road leading up to the complainant's plot within three months as per the sanctioned plan. Additionally, the Authority has also directed the builder to register the project under RERA within one month.Background...
Assam REAT - RERA Does Not Have Retroactive Application To Already Completed Real Estate Projects
The Assam Real Estate Appellate Tribunal ('Tribunal') bench, comprising Justice (Retd.) Manojit Bhuyan (Chairperson), has held that the provisions of the Real Estate (Regulation and Development) Act, 2016, cannot be applied retroactively to projects that were completed prior to the enactment of the Act. Accordingly, the Tribunal dismissed the appeal of the appellant regarding the project...
Thrissur District Commission Holds Doc & Mark Shoes And Its Dealer Liable For Destroying Evidence By Spoiling Shoes While Auditing
The District Consumer Disputes Redressal Commission, Thrissur (Kerala) bench of Sri C.T. Sabu (President), Smt. Sreeja S. (Member) and Sri Ram Mohan R. (Member) held Doc and Mark shoes and its Dealer liable for deficiency in service and unfair trade practice for destroying the Complainant's shoes before the proceedings, which was seen as an attempt to destroy evidence and prevent the...
Insurer Must Honour Claims For Sudden Sickness Not Expressly Excluded Under Policy, Karur District Commission Holds Star Health & Allied Insurance Co. Liable
The District Consumer Disputes Redressal Commission, Karur (Tamil Nadu) bench of N. Pari (president) and A.S. Rathinasamy (Member) held Star Health and Allied Insurance Company liable for failure to honour a genuine insurance claim by citing pre-existing illness as a reason. The bench held that the treatment sought by the Complainant was not related to the preexisting illness and was also...
Thrissur District Commission Holds Britania And Its Seller Liable For Deficiency In Service For Selling Underweight Biscuit Packets
The District Consumer Disputes Redressal Commission, Thrissur (Kerala) bench of Sri C.T. Sabu (President), Smt. Sreeja S. (Member) and Sri Ram Mohan R. (Member) held Britania and Chukkiri Royal Bakery (Seller) liable for selling underweight biscuit packets, which constituted a violation of both the Legal Metrology Act and the Consumer Protection Act, 1986. Brief Facts:The Complainant...
North-East Delhi District Commission Holds Vikas Travels Liable For Failure To Stop Bus At Designated Stop
The District Consumer Disputes Redressal Commission, North-East Delhi bench of Surinder Kumar Sharma (President), Anil Kumar Bamba (Member) and Adarsh Nain (Member) held Vikas Travels and its bus owner liable for deficiency in service for failure to stop the bus at the designated stop. They were directed to pay Rs. 10,000/- as compensation for deficiency and Rs. 5,000/- as litigation...
Coca-Cola's Scheme Of Awarding Honda City For Lucky Bottles Was Genuine Marketing Strategy, Aggrieved Consumer Eligible For Compensation: NCDRC
The National Consumer Disputes Redressal Commission bench of Mr Subhash Chandra (Presiding Member) held that Coca-Cola's promotional scheme of awarding 5 Honda City cars for lucky coupon bottles was a valid promotional scheme and could not be said to be fraudulent. However, compensation to an aggrieved consumer on this basis was allowed who genuinely pursued the consumer complaint based...
Policy Holder Must Take Reasonable Steps To Safeguard Insured Property Against Accident And Damage, NCDRC Dismisses Appeal Against New India Assurance Co
The National Consumer Disputes Redressal Commission, New Delhi bench of Mr Subhash Chandra(Presiding Member) dismissed an appeal filed against New India Assurance Company, based on the Complainant's failure to take reasonable care to safeguard the insured property against accident, loss, and damage. Brief Facts: M/s Shah Vadilal Jethalal (“Complainant”), a company operating as...
MahaREAT Dismisses Builder's Application For Condonation Of 380-Day Delay In Filing Appeal
The bench of the Maharashtra Real Estate Appellate Tribunal ('Tribunal'), comprising Justice Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has dismissed the builder's application for condonation of a 380-day delay in filing the appeal before the Tribunal. The Maharashtra Real Estate Regulatory Authority ('Authority') passed an order against the builder...
Consumer Cases Weekly Round-Up: 6th to 12th May 2024
Supreme Court Consumer Protection Act 1986 | Onus Of Proving That Service Was Availed For 'Commercial Purpose' Is On Service Provider : Supreme Court Case Title: SHRIRAM CHITS (INDIA) PRIVATE LIMITED EARLIER KNOWN AS SHRIRAM CHITS (K) PVT. LTD VERSUS RAGHACHAND ASSOCIATES In an important ruling relating to consumer protection law, the Supreme Court on Friday (May 10) set out...