Consumer Cases
Consumer Cases Weekly Round-up: 11th to 17th March 2024
National Consumer Disputes Redressal Commission (NCDRC) Booking Commercial Space For Self-Employment Business Deemed As Commercial Purpose : National Consumer Commission The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya (presiding member) and Bharatkumar Pandya(member), in a complaint against MVL Holding Ltd ruled that commercial space...
Rajasthan RERA Rejects Homebuyer's Complaint For The Basement Parking Facility, Holding That It Was Never Part Of The Approved Construction Plan.
The Rajasthan Real Estate Regulatory Authority (RJRERA) consisting of Justice RS Kulhari (Adjudicating Officer) rejected the homebuyer's complaint for basement parking facility, holding that it was never part of the approved construction plan, while hearing the seven complaint matter against the builder. Background Fact The Homebuyers (Complainants) reside in the Builder's...
National Consumer Commission Holds Janak Surgicare Liable For Deficiency In Service For Causing The Death Of A Patient During A Surgical Procedure
The National Consumer Disputes Redressal Commission, presided by Justice Karuna Nand Bajpayee, held that although medical professionals are not required to maintain the utmost skill levels at all times, they are still required to offer a reasonable standard of skill and care. Contentions of the Complainant The complainant's wife sought medical attention at Janak Surgicare Hospital...
Maharashtra RERA Grants Extension To Bhumiraj Builders To Complete Project
Maharashtra Real Estate Regulatory Authority (MahaRERA) bench, comprising Ajoy Mehta (Chairperson), granted a 4-year extension to Bhumiraj Builders Pvt. Ltd for its project, which includes four towers, namely Bhumiraj Hills Towers 1, 2, 3, and 4, under Section 7(3) of RERA, 2016. Previously, MahaRERA had granted three extensions to all registered projects due to the negative impact of...
Telangana RERA: Only The Aggrieved Party Can Approach RERA
The Telangana Real Estate Regulatory Authority (TSRERA or Authority) bench comprising of Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member) rejected the complaint of a person who was neither an allottee, a real estate agent, nor a landowner, holding that only the aggrieved party can approach RERA under section 31 of the Real...
Ernakulam District Commission Holds United India Insurance Liable For Deficiency In Service For Not Adhering To The Policy Terms
The Ernakulam District Consumer Disputes Redressal Commission, headed by D.B. Binu as President, alongside members V. Ramachandran and Sreevidhia. T.N. held that although insurance agreements are legally binding and need to be interpreted strictly, the insurers should also have a responsibility to make sure that the terms of the contract are communicated clearly and...
Himachal RERA Orders Full Refund , Rejecting Builder's Contention Of Deducting 10% Of The Flat's Cost As A Booking Charge
The Himachal Real Estate Regulatory Authority (HPRERA) bench comprising of Justice Rajeev Verma, has granted the homebuyer a full refund of their investment by rejecting the builder's contention of deducting 10% of the flat's cost as a booking charge. Background Facts The homebuyer invested Rs. 10,01,001 to purchase an apartment (Flat no 402) in the Builder's Housing...
Insurance Survey Reports Do Not Hold Ultimate Authority And Can Be Disregarded If They're Arbitrary In Nature: National Consumer Commission
The National Consumer Disputes Redressal Commission, presided by Subhash Chandra And Sadhna Shanker, held New India Assurance liable for deficiency in service due to the denial of an insurance claim over an arbitrary survey report.Contentions of the ComplainantThe complainant, now deceased, is represented by its proprietor, a business engaged in manufacturing Woolen Carpet Yarn, which had...
Loss Of Vision In One Eye Due To Undiagnosed Malignancy In Optic Nerve, NCDRC Upholds Order Against Superb MRI & C.T. Scan
The National Consumer Disputes Redressal Commission (NCDRC), New Delhi bench comprising Mr Justice A.P. Sahi (President) upheld the Chandigarh State Commission's order against Superb MRI and C.T. Scan, a diagnosis and scanning centre, which furnished an incorrect MRI Scan which led to delayed treatment, resulting in the loss of vision in the Complainant's left eye, attributed to...
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. This legislation, which came into effect on May 1, 2017, aims to protect homebuyers and promote investments in the real estate industry by establishing a Real Estate Regulatory Authority (RERA)...
Haryana RERA Granted The Homebuyer Permission To Withdraw From The Project Due To The Delayed Possession
Haryana Real Estate Regulatory Authority (Authority) bench comprising of Justice Ashok Sangwan (Member) has granted the homebuyer permission to withdraw from the real estate project due to delayed possession. Accordingly, the Authority directed the builder to refund the entire amount paid by the homebuyer, along with interest. Background Facts The Homebuyer (complainant) purchased...
MahaRERA Releases Discussion Paper On Maintenance And Operation Of Bank Accounts For Registered Projects, Invites Suggestions And Objections
The Maharashtra Real Estate Regulatory Authority (MahaRERA) has released a discussion paper addressing the maintenance and operation of bank accounts for registered real estate projects. This initiative aligns with Section 4(2)(l)(D) of the Real Estate (Regulation and Development) Act, 2016, which mandates that seventy percent (70%) of the funds collected for real estate projects...