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...

Karnataka RERA Orders Refund To Homebuyer After Builder's Failure To Hand Over Possession Even After Lapse Of Six Years

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Justice HC Kishore Chandra (Chairperson), 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 lapse of more than six years and failed to pay Pre-EMI to the bank. Background Facts The Builder, in order...

Services Rendered By Advocates Come Under Contract Of Personal Service: Supreme Court

The Supreme Court (today on May 14) held that the Services rendered by an advocate would come under the “a contract of personal service” as opposed to a “contract for service”. In layman terms, 'a contract of personal service' relates to an arrangement where an individual is hired for rendering his/ her services. However, in the case of “contract for service” the services...

Advocates Not Liable Under Consumer Protection Act For Deficiency Of Services : Supreme Court

In a crucial development, the Supreme Court on Tuesday (May 14) held that advocates cannot be held liable under the Consumer Protection Act 1986 (as re-enacted in 2019) for deficiency of services. The Court held that professionals have to be treated differently from persons carrying out business and trade.As a corollary, the Court held that complaints against advocates alleging deficiency...

Rajasthan RERA Orders Compensation For Complainant After Builder's Failure To Handover Possession Of Purchased Shop

Rajasthan Real Estate Regulatory Authority (Authority) Bench, comprising Justice RS Kulhari (Adjudicating Officer), has directed the builder to compensate the complainant who purchased a shop in the builder's project for the delay in handing over possession, despite paying all consideration and associated charges. Background Facts The complainant booked a shop (GF-10) in the...

Rajasthan RERA Orders Compensation For Homebuyer Who Booked Flat Under CM Jan Awas Yojna

Rajasthan Real Estate Regulatory Authority (Authority) Bench, comprising of Justice RS Kulhari (Adjudicating Officer), has directed the builder to compensate the homebuyer for the delay in offering possession. Additionally, the Authority ordered the builder to pay Rs. 80,000 for the mental agony caused due to the delay to the homebuyer who had booked the flat under the Chief...

Punjab Government Has Invited Applications For Appointment Of Punjab RERA Chairman Following The Resignation Of The Previous Chairman In February

The Punjab government has commenced the process of appointing a new Chairman for the Punjab Real Estate Regulatory Authority (RERA) subsequent to the resignation of former Chairman Satya Gopal in February 2024. Almost a month after Gopal's resignation, Apneet Riyiat, Chief Administrator of Punjab Urban Planning & Development Authority (PUDA), was appointed to oversee the affairs...

Karnataka RERA Orders Refund To Homebuyer After Builder's Failure To Provide Land Within Agreed Timeline

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Justice HC Kishore Chandra (Chairperson), has directed the Builder to refund the amount paid by the Homebuyer to purchase land after the Builder failed to provide it within the agreed timeline. Background Facts The Homebuyer (Homebuyer), who booked Plot No. 59 in the Excise Layout project...

Expert Report Is Required To Establish Manufacturing Defects In Mobile Phones, Uttarakhand State Commission Allows Appeal Filed By Oppo India

The State Consumer Disputes Redressal Commission, Uttarakhand bench comprising Ms Kumkum Rani (President) and Mr B.S. Manral (Member) allowed an appeal filed by Oppo India. The State Commission held that there was a lack of an expert report to substantiate manufacturing or inherent technical defects in the Complainant's Oppo handset. Brief Facts: The complainant had purchased an...

RERA Cases Weekly Round Up – 6th May To 12th May,2024

RAJASTHAN REAL ESTATE REGULATORY AUTHORITY Rajasthan RERA Orders Compensation to Homebuyer, Rejects Builder's Contention That Delay Caused Due to ED Investigation Case – Vasudev Takwani & another Versus M/s Riddhi Siddhi Infra Projects Pvt. Rajasthan Real Estate Regulatory Authority (Authority), consisting of Justice RS Kulhari (Adjudicating Officer), has directed the...

Haryana RERA: Provisions Of The Limitation Act, 1963, Do Not Apply To RERA

Haryana Real Estate Regulatory Authority (Authority) comprising Justice Vijay Kumar Goyal (Member), has held that the provisions under Section 54 of the Limitation Act, 1963, which stipulate a limitation period of 3 years for a specific performance suit, do not apply to complaints under RERA. Consequently, the authority held that the complaint filed by the homebuyer after three years...

Haryana RERA Directs Builder To Hand Over Possession Of Flat To Homebuyers And Pay Interest For Possession Delay

The Haryana Real Estate Regulatory Authority (Authority), bench comprising Justice Ashok Sangwan (Member), has directed the builder to hand over possession of the flat to the Homebuyer and to pay interest for the delay in possession. The possession of the flat, initially scheduled for transfer in 2012 as per the agreement, has been subject to significant delays by the...