Consumer Cases Quarterly Digest 2024

Supreme Court Medical Negligence | Supreme Court Awards Rs 10 Lakh Compensation To Patient Who Developed Hoarseness In Voice After Trainee Gave Anaesthesia Case Title: J. DOUGLAS LUIZ (SINCE DECEASED) THROUGH LEGAL REPRESENTATIVES VERSUS MANIPAL HOSPITAL | CIVIL APPEAL NO.1700 OF 2024 Citation: 2024 LiveLaw (SC) 134 The Supreme Court recently awarded Rs. 10 lakhs...

Kupwara Consumer Commission Orders Power Department to Pay Rs. 1,00,000 Compensation for Issuing Frivolous Electricity Bill

The District Consumer Disputes Redressal Commission in Kupwara, Kashmir, recently allowed a complaint filed against Kashmir Power Distribution Corporation Ltd (Power Department), imposing a significant fine of one lakh rupees. The complaint was filed by one Mohammad Aslam Sheikh, a resident of Kuligam, who found himself unjustly billed for electricity usage despite not being a...

Consumer Cases Weekly Round-Up: 1st To 7th April, 2024

National Consumer Disputes Redressal Commission (NCDRC) Non-Standard Basis Of Settling Insurance Claims Apply To Both Private And Public Insurance Companies, NCDRC Holds Bajaj Allianz General Insurance Co. Liable The National Consumer Disputes Redressal Commission (NCDRC) bench comprising Justice Sudip Ahluwalia (Presiding Member) held that the guidelines to settle an insurance...

TSRERA: Mother Filing Complaint Through Special Power Of Attorney Representing Homebuyer-Daughter, Will Be Considered Aggrieved Party

The Telangana Real Estate Regulatory Authority (TSRERA/Authority) bench, comprising of Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member), has held that the mother filing a complaint through the Special Power of Attorney (SPA) representing the daughter, who is the homebuyer, will be considered as a Homebuyer and an Aggrieved Person...

MahaRERA: A Real Estate Project Cannot Have Two Or Multiple Registration Numbers

The Maharashtra Real Estate Regulatory Authority (MahaRERA) bench, comprising of Ajoy Mehta (Chairperson), and Mahesh Pathak (Member), has held that as per Section 5(1)(a) of The Real Estate (Regulation and Development) Act, 2016, a real estate project cannot have two or multiple registration numbers. Background Fact Kakade Green Estate Pvt. Ltd (Builder) obtained...

MahaREAT : Demanding Further Payment After Receiving More Than 20% Of The Flat Price For Executing Sale Agreement Is Illegal

Maharashtra Real Estate Appellate Tribunal (MahaREAT/Tribunal) bench, comprising of Justice Shri Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that demanding additional payment from homebuyers after receiving over 20% of the flat price for executing the agreement for sale is illegal. Consequently, the MahaREAT held the builder's termination of the...

Haryana RERA Directs Builder To Refund The Homebuyer's Amount With Interest, Rejects Builder's Investor Argument

Haryana Real Estate Regulatory Authority (Authority) comprising Justice Ashok Sangwan (Member), has directed the builder to refund the entire amount paid by the homebuyer with interest, rejecting the builder's contention that the homebuyer is not a consumer but an investor. Thus, the homebuyer is not entitled to file a complaint before the...

Telangana RERA Restrains Buildox Private Limited from Advertising and Selling Its Proposed Hafeezpet Project

The Telangana Real Estate Regulatory Authority (TSRERA ) bench comprising of Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member), has restrained Buildox Private Limited from advertising and selling its proposed Hafeezpet, Hyderabad project until the final disposal of the complaint filed against Buildox for violating Section 3 and 4 of...

MahaRERA Appoints Chandak Realtors As New Promoter Of Anantya After Former Promoter Failed To Implement Project

The Maharashtra Real Estate Regulatory Authority (MahaRERA) bench, comprising of Ajoy Mehta (Chairperson), Mahesh Pathak (Member) and Ravindra (Member), has appoints Chandak Realtors Private Limited as the new Promoter of the Anantya 1A & 1B Project located in Kurla after the former promoter failed to implement the Slum Rehabilitation Authority (SRA) Scheme for the redevelopment...

MahaREAT: Mere Non-Execution Of Agreement For Sale Does Not Bar Homebuyers From Invoking Section 18 Of RERA

Maharashtra Real Estate Appellate Tribunal (MahaREAT/Tribunal) bench, comprising of Justice Shri Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that the mere non-execution of the Agreement for Sale does not preclude homebuyers from invoking Section 18 of RERA, which confers an unqualified right upon the homebuyer to get refund of amount with interest...

Himachal RERA Grants Relief To Non-Himachali Homebuyer, Directing Builder To Refund With Interest If State Land Laws Permission Is Not Obtained

The Himachal Real Estate Regulatory Authority (HPRERA) bench comprising of Justice Dr. Srikant Badli and BC Badalia, has granted relief to a non-Himachali homebuyer under whose favor the builder was not executing a conveyance deed, as the homebuyer had not obtained necessary permission under Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act 1972. Consequently, HPRERA...

UPRERA Releases New Standard Operating Procedure For Registration Of Real Estate Agents

Uttar Pradesh Real Estate Regulatory Authority (UPRERA) has released a new Standard Operating Procedure (SOP) for Registration of Real Estate Agents. This SOP has been released in accordance with Section 9 of the Real Estate (Regulation and Development) Act, 2016, which stipulates provisions for the registration of real estate agents, and Section 10, which stipulates provisions related...