Consumer Cases
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...
Karnataka RERA Grants Homebuyer Permission To Withdraw From Project Due To Delayed Possession
Karnataka Real Estate Regulatory Authority (KRERA/Authority) bench, comprising Justice Neelmani N Raju (Member), has granted the Homebuyer right to withdraw from the real estate project following several years of delayed possession. Subsequently, the Authority directed the builder to refund the entire amount paid by the homebuyer, along with interest. Background Fact The...
Homebuyer Paid Booking Price On Spot Without Reading Terms Of Document, Karnataka RERA Orders Full Refund
The Karnataka Real Estate Regulatory Authority (KRERA) bench, comprising of Justice Neelmani N Raju (Member), has directed the builder to fully refund the booking price of Rs. 1 Lakh paid by the homebuyer on the spot after the request of the sales executive to book two flats, without reading the terms of the document. Background Fact Homebuyers were interested in purchasing a flat,...