Consumer Cases
Himachal RERA Penalizes Builder For Advertising And Selling Flat Without Registration
In a Suo motu matter, the Himachal Real Estate Regulatory Authority (Authority) bench, comprising Justice Srikant Baldi (Chairperson) and BC Badalia (Member), has penalized the builder with a 13 lakh penalty for advertising and selling the flat without registering it under Section 3 of The Real Estate (Regulation and Development) Act, 2016. Background Facts The complainant filed...
Consumer Protection Act 1986 | Onus Of Proving That Service Was Availed For 'Commercial Purpose' Is On Service Provider : Supreme Court
In an important ruling relating to consumer protection law, the Supreme Court on Friday (May 10) set out the manner in which the consumer fora must decide technical pleas raised by service providers against the maintainability of the consumer complaints on the ground that goods/services were availed by the consumer for the commercial purposes.Affirming the decision of the National...
RERA Cases Monthly Digest: April 2024
Maharashtra Real Estate Appellate TribunalMahaREAT Grants Interest To Homebuyer For Delayed Possession, Rejects Builder's Defense Of Late Approval Of Occupation CertificateCase: Veena Realcon pvt. Ltd. VS Mr. Shivkumar InamdarMaharashtra Real Estate Appellate Tribunal (MahaREAT/Tribunal) bench, comprising of Justice Shri Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji...
Developer's Failure To Fulfill The Contractual Obligation Within The Agreed Timeframe Constitutes A Deficiency Of Service: Delhi State Commission
Delhi State Consumer Disputes Redressal Commission, headed by Justice Sangita Dhingra Sehgal alongside member Ms. Pinaki, held Belgravia Projects liable for deficiency in service over delay in possession of the purchased property. Brief Facts of the Case The complainant booked a flat in the ' Brave Hearts' project by the Belgravia Projects/developer, located in...
Owners Not Entitled To Claim Insurance Amount Under Private Vehicle Policy For Vehicles Registered As Commercial Vehicles: Bihar State Commission
The State Consumer Disputes Redressal Commission, Bihar bench comprising Ms Geeta Verma (Presiding Member) and Md. Shamim Akhtar (Judicial Member) allowed an appeal filed by Bajaj Allianz General Insurance Company. The State Commission held that it rightfully repudiated a vehicle claim because the vehicle's owner failed to disclose that the vehicle was registered as a commercial vehicle,...
Consumer Cases Weekly Round-Up: 29th April To 5th May 2024
National Consumer Disputes Redressal Commission Section 24 A Aims To Uphold The Consumer Protection Act 1986, Ensuring Its Effectiveness By Preventing Prolonged Litigation In Consumer Fora: NCDRC Case Title: Sunita Kumar Vs. St. Stephen's Hospital The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker(member), held that...
RERA Cases Weekly Round –Up: 29th April To 5th May 2024
Maharashtra Real Estate Regulatory Authority Maharashtra RERA Releases Order Mandating Detailed Disclosure Of Amenities In Sale Agreements The Maharashtra Real Estate Regulatory Authority (MahaRERA) has released order mandating builders to disclose the details about the amenities to homebuyers that will be provided to them in the project in sale agreements. Telangana Real...
Chandigarh District Commission Holds IDBI Liable For Failure To Initiate Refund To Bond Buyer's Nominee
The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench comprising Pawanjit Singh (President), Surjeet Kaur (Member) and Suresh Kumar Sardana (Member) held IDBI Bank liable for failure to initiate a refund to the deceased's nominee after exercising its call option right regarding a bond bought by the deceased. Brief Facts: The matter pertained to the purchase of...
Telangana RERA Penalizes Builder For Non-Registration Of Project, Orders Completion Of Construction
Telangana Real Estate Regulatory Authority (TSRERA/Authority) bench, comprising Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member), has penalized the builder for non-registration of the project under Section 3 of the Real Estate Regulation and Development Act 2016. Additionally, the Authority has directed the builder...
Rajasthan RERA Orders Compensation To Homebuyer, Rejects Builder's Contention That Delay Caused Due To ED Investigation
Rajasthan Real Estate Regulatory Authority (Authority), consisting of Justice RS Kulhari (Adjudicating Officer), has directed the builder to compensate the homebuyer for the delay in offering possession by rejecting the builder's contention that the delay was caused due to an Enforcement Directorate investigation. Background Facts The homebuyer booked a flat in the project named...
Suppression Of Material Facts Makes Policy Voidable At Option Of Insurance Company, NCDRC Dismisses Revision Petition Against Bajaj Allianze Life Insurance Co.
The National Consumer Disputes Redressal Commission (NCDRC) bench comprising J. Rajendra (Presiding Member) dismissed a revision petition filed against Bajaj Allianze Life Insurance Co. based on the fact that the deceased policyholder failed to disclose her preexisting ailments at the time of purchasing the policies. The NCDRC held that suppression of facts makes the policy voidable at...
Insurance Company Not Obligated to Reimburse Claims for Accidents During Inactive Policy Phase, Even After Subsequent Revival Of Policy: NCDRC
The National Consumer Disputes Redressal Commission (NCDRC) bench comprising J. Rajendra (Presiding Member) allowed a revision petition filed by the Life Insurance Corporation of India (LIC). The NCDRC held that there is a need to strictly adhere to the policy's terms and conditions. According to its ruling, if the policy lapsed due to non-payment of premiums at the time of the accident,...