Consumer Cases Weekly Round-Up: 4th to 10th March, 2024

Karnataka High Court Karnataka HC Directs State Government To Appoint Chairperson And Members To Karnataka Real Estate Appellate Tribunal Case: Sri Mathew Thomas V/S State of Karnataka The Karnataka High Court bench comprising of Justice M. Nagaprasanna has directed the State government of Karnataka to expeditiously appoint chairperson and members to Karnataka Real...

Haryana State Commission Reduces Insurer's Liability, Says, Survey Report Should Be Relied Upon

The State Consumer Disputes Redressal Commission, Haryana bench comprising Naresh Katyal (Presiding Member) modified an order of the District Commission, Kurukshetra ordering New India Assurance Company Ltd. to disburse Rs. 2,27,500/- for an accidental claim. The State Commission noted that the surveyor assessed the damage equivalent to 1,23,314.05/-. Therefore, it must be considered...

Matrimony.com Held Liable For Non-delivery And Loss Of Marriage Videos, Ernakulam District Commission Orders Refund, Rs. 1 Lakh Compensation

The District Consumer Disputes Redressal Commission, Ernakulam (Kerala) bench comprising Shri D.B. Binu (President), Shri V. Ramachandran (Member) and Smt. Sreevidhia (Member) held Matrimony.com Limited liable for failure to deliver the promised videos of a marriage reception. The District Commission held it liable for deficiency in service, negligence and unfair trade practice....

Accepting And Paying For Damaged Garments Without Protest, Fault On Consumer's Part, Goa State Commission Allows Appeal Filed By Lakaki Drycleaners

The State Consumer Disputes Redressal Commission, Goa bench comprising Mrs Varsha R. Bale (Officiating President) and Ms Rachna Anna Maria Gonsalves (Member) allowed an appeal by Lakaki Drycleaners that they were not liable for the Complainant's damaged garments as the Complainant proceeded to pay the bill and collected the garments without raising any objections. The State Commission...

Failure To Repair ACs Within Warranty, Jaipur District Commission Holds LG, Its Dealer Liable For Deficiency In Service

The District Consumer Disputes Redressal Commission-I, Jaipur (Rajasthan) bench comprising Nimal Sharma (Member) and Dr. Subesingh Yadav (President) held LG Electronics liable for deficiency in services for failure to repair the ACs sold to the Complainant which were within the warranty period. The bench directed LG to refund ₹ 28,950/- to the Complainant and pay a compensation of...

MahaREAT: The Pre-RERA Agreement For Sale Falls Within The Purview Of The Real Estate (Regulation And Development) Act

Maharashtra Real Estate Appellate Tribunal ('Tribunal') bench comprising of Justice Shriram R. Jagtap (Judicial Member) and DR. K. Shivaji (Technical Member) has held, that provisions of the RERA, 2016, are prospective in nature and applicable to all agreements for sale executed prior to the enactment of the act, or under any previous legislation in force at that...

MahaREAT: Despite The Allotment Letter Issued During The MOFA Regime, The Registered Project Will Still Be Covered Under RERA

The Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Justice Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that even if the allotment letter has been issued to allottees under the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management, and transfer) Act, 1963 (MOFA), the real estate project...

Luggage Reached After 6 Days To Destination, New Delhi District Commission Holds Air India Liable for Deficiency In Service

The District Consumer Disputes Redressal Commission-VI, New Delhi bench comprising Poonam Chaudhry (President), Bariq Ahmed (Member) and Shekhar Chandra (Member) held Air India liable for deficiency in services for the delay in delivering the Complainants' luggage, six days after they arrived in New York. The bench directed Air India to pay a compensation of Rs. 2,00,000/- to...

Gujrat RERA Establishes An Internal Mechanism For Amicable Settlement Of Complaints

Gujarat RERA has released guidelines aimed at expediting the resolution of complaints under Section 31 before the authority by establishing an internal mechanism for amicable settlement. Designated officers, including Mr. P. R. Patel, Mr. D. D. Rajput, and Mr. V. C. Barot, have been appointed as Mediators. Additionally, representatives from industry bodies may be called upon...

MahaREAT: Section 18 Of RERA Applies Even If There Is No Written Express Agreement For Sale Between The Allottee And Promotor

The Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Justice Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that a written expressed agreement for sale is not a requirement for the allottee to avail the rights stipulated under Section 18 of the RERA. Instead, what matters more is the intention of the parties, not the nomenclature...

UPRERA Issues Guidelines Outlining The Do's And Don'ts For Promoters To Adhere To When Advertising Projects

UPRERA Issues Guidelines Outlining The Do's And Don'ts For Promoters To Adhere To When Advertising Projects. The Uttar Pradesh Real Estate Regulatory Authority (UPRERA) has released guidelines in the form of do's and don'ts for promoters which they will have to mandatorily follow while advertising their projects. These guidelines aim to create widespread awareness among promoters,...

MahaRERA To Start Grading Real Estate Projects On Four Parameters Every Six Months From April 2024

The Maharashtra Real Estate Regulatory Authority (MahaRERA) plans to implement a grading system for real estate projects starting from April 2024. All projects initiated from January 2023 onwards will undergo assessment by the regulatory body as part of this initiative, which is aimed at providing information about these parameters to homebuyers to assist them...