Consumer Cases
Bank Not Liable If Customer Negligently Shares Payment Credentials, Chandigarh District Commission Dismisses Complaint Against SBI Cards and Payment Services
The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh dismissed a complaint against State Bank of India (SBI) Cards and Payment Services on the allegation of failure to reverse an unauthorized OTP-based credit card transaction. The District Commission perused the RBI Guidelines and held that a customer shall bear the entire loss resulting from unauthorized transactions if...
Cough And Fever Can't Be Classified As Pre-existing Diseases, Chandigarh District Commission Holds TATA AIG General Insurance Co. Liable For Repudiating Claim
The District Consumer Disputes Redressal Commission-II, U.T. Chandigarh bench comprising Amrinder Singh Sidhu (President) and SK Sardana (Member) held TATA AIG General Insurance Company Limited liable for deficiency in services for wrongful repudiation of a genuine medical claim. It held that symptoms such as cough, fever, and diabetes are typical ailments of modern life and cannot...
HPRERA - Builder Cannot Demand Full Payment from Homebuyer If Project's Occupancy Certificate Has Not Been Obtained
The Himachal Real Estate Regulatory Authority (HPRERA) bench comprising of Justice Dr. Srikant Badli (Chairperson) and BC Badalia (Member), has held that a builder cannot demand full payment from the homebuyer if the Project's Occupancy Certificate has not been obtained and the construction of the flat is not complete within the agreed time for delivery of...
TN RERA Orders Builder To Compensate Homebuyer For Mental Agony Faced Due To Delayed Possession
Tamil Nadu Real Estate Regulatory Authority (TNRERA) bench Comprising of TMT N. Uma Maheshwari (Adjudicating Officer) has directed the Builder to pay compensation for the mental agony and inconvenience faced by Homebuyers due to delays in delivering possession, despite fulfilling all payment requirements on time. Background Facts The builder was constructing a residential project...
National Consumer Disputes Redressal Commission Holds Ruchi Reality Holdings Liable For Deficiency In Service Over Delay In Handing Over The Possession Of The Flat
The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Ram Maurya, held that a buyer cannot be made to wait indefinitely for the possession of the flat that they have paid for. Brief Facts of the Case The complainants reserved a flat with Ruchi Reality Holdings/developer by paying Rs. 5 lakhs. They consistently made payments whenever requested...
National Consumer Disputes Redressal Commission Holds Greenfield Housing Liable For Deficiency In Service Over Delay In The Delivery Of The Possession Of A Flat, Citing Unsubstantiated Force Majure Clause
The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that reliance on force majeure while retaining the buyer's deposits constitutes a deficiency of service and also amounts to unfair trade practice. Brief Facts of the Case The complainant saw an ad from Bengal Greenfield Housing Development/developer and booked a flat based on it. The...
Rebate In Rent Does Not Absolve Broadband Service Providers From Deficient Service, Kerala State Commission Holds BSNL, Telecom Exchange Liable
The State Consumer Disputes Redressal Commission, Kerala bench comprising Sri Ajith Kumar D. (Judicial Member) and Sri Radhakrishnan K.R. (Member) held BSNL and Mokeri Telephone Exchange liable for deficiency in service for failure to provide adequate internet/telecom services. The State Commission held that merely providing an undertaking that for a rebate in rent during the faulty...
Rajasthan RERA Imposes 50 Lakh Fine On Builder For Failure To Register Project Under RERA
Rajasthan Real Estate Regulatory Authority (Authority) bench comprising of Mrs. Veenu Gupta (Chairperson), has imposed a fine of Rs. 50 lakhs on the builders for failing to register the project under Section 3 of the Real Estate (Regulation and Development) Act, 2016 (RERA). Background Fact On 19.10.24, the Authority issued a show cause notice to the builder after taking suo...
The Revisional Jurisdiction Of The National Commission Is Limited And Can Be Exercised Only In Specific Circumstances :NCDRC
The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Ram Maurya, held that the Revisional Jurisdiction of the National Commission is restricted to specific circumstances, such as when the State Commission has acted beyond its legal authority and has failed to exercise its rightful jurisdiction. Brief Facts of the Case The complainants were persuaded...
RERA Cases Quarterly Digest 2024
Ministry of Housing and Urban Affairs (MOHUA) The Ministry Of Housing And Urban Affairs Releases Report On The Implementation Status Of The Real Estate (Regulation & Development) Act The Ministry of Housing and Urban Affairs (MOHUA) has released the implementation status report of the Real Estate (Regulation & Development) Act, 2016, commonly known as RERA, in India....
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...