Consumer Cases
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...
Failure To Repair Home Theatre Within Warranty Period, Ferozepur District Commission Holds Sony Liable For Deficiency In Service
The District Consumer Disputes Redressal Commission, Ferozepur (Punjab) bench comprising Kiranjit Kaur Arora (President) and Suman Khanna (Member) held Sony liable for deficiency in services for failure to repair a home theatre which was within the warranty period. The bench directed Sony to replace the home theatre with a new one and pay a compensation of Rs. 5,000/- to...
Educational Deficiencies Can't Be Addressed By Consumer Commissions, Shimla District Commission Dismisses Complaint Against CBSE And St. Edward's School
The District Consumer Disputes Redressal Commission, Shimla (Himachal Pradesh) bench comprising Dr. Baldev Singh (President) and Jagdev Singh Raitka (Member) dismissed a consumer complaint against St. Edward's School noting that education cannot be considered a commodity and education institutes providing services cannot be considered as service providers under the Consumer...
Failure To Inform Change In Bus Root And Process Refund, Shimla District Commission Holds Redbus And Himachal Road Transport Commission Liable
The District Consumer Disputes Redressal Commission, Shimla (Himachal Pradesh) bench comprising Dr Baldev Singh (President) and Yogita Dutta (Member) held Redbus and Himachal Road Transport Commission (HRTC) liable for deficiency in services failure to inform the Complainant of the change in Bus route and failure to refund the ticket to the Complainant. The bench directed HRTC and Redbus...
Unilaterally Increase Of Loan Tenure, Delhi District Commission Holds ICICI Bank Liable
The District Consumer Disputes Redressal Commission-II, Delhi bench comprising Monika A Srivastava (President), Kiran Kaushal (Member) and UK Tyagi (Member) held ICICI Bank liable for deficiency in services for unilaterally increasing the loan tenure without informing the Complainant. The bench directed the bank to pay a compensation of Rs.25,000/- to the Complainant. Brief...
Failure To Provide Proportionate Interest Subsidy, Bangalore District Commission Holds Central Bank Of India Liable
The Additional District Consumer Disputes Redressal Commission-II, Bangalore bench comprising Vijay Kumar. M. Pawale, B. Devaraju and V. Anuradha held the Central Bank of India liable for deficiency in services for not providing interest subsidy during the loan tenure to the Complainant. The bench directed the bank to provide the interest subsidy to the Complainant and pay a compensation...
Bombay High Court: Co-Promoters Are Also Liable To Pay Refund With Interest To Allottees In Case Of Delay Under Section 18 Of The RERA.
The Bombay High Court bench, comprising of Justice Sandeep V. Marne, has held that promoters who are part of a real estate project but haven't received any consideration from the allottee will still be classified as “Promoters” under Section 2(zk). Consequently, they will be liable to refund the amount with interest to the allottees under Section 18 of the Real Estate (Regulation...