Delay In Handing Possession And Failure To Refund : Delhi State Commission Holds J.M. Housing Ltd Liable For Deficiency In Service

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held that a delay in handing possession to the buyer is a continuous wrong and failure to refund for the same, amounts to deficiency in service. Brief Facts of the Case The complainant booked an apartment in JM Florence, Greater Noida, a project by J.M. Housing Ltd./builder. Subsequently, he...

Delay In Possession A Continuous Cause of Action: Delhi State Commission Holds Raheja Developers Liable For Deficiency In Service

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held that a continuous delay in handing over the possession is a continuous cause of action and amounts to deficiency in service. Brief Facts of the Case The complainant booked a plot in Raheja's Aranya City, Gurgaon, and paid Rs. 8,68,680. The builder promised completion in 36 months. The...

REAL ESTATE MONTHLY DIGEST: NOVEMBER 2024

HARYANA REAL ESTATE REGULATORY AUTHORITY Haryana RERA Orders Raheja Developers To Pay Interest To Homebuyer For Delayed Possession Case – Dharampal Singh & anr Versus M/s Raheja Developers Limited Citation – Complaint No : 2385 of 2023 Haryana Real Estate Regulatory Authority (Authority) bench, comprising Vijay Kumar Goyal (Member), has directed M/s Raheja...

Delhi State Commission Rejects Deficiency Of Service Complaint Against Indigo Airlines, Holds Complainant Responsible For Failing To Carry Documents For Immigration

The Delhi State Consumer Disputes Redressal Commission bench of Justice Sangita Dhingra Sehgal (President), Ms. Pinki (Judicial Member) and Mr. J.P. Agrawal (General Member) dismissed the complaint against Indigo Airlines for deficiency in service and unfair trade practices, holding the complainant responsible for failing to carry the required...

Forcing Insured Person To Accept A Claim Less Than The Insured Value Amounts To Unfair Trade Practice: Chandigarh District Commission

The Chandigarh District Consumer Disputes Redressal Commission has held that forcing the complainant insured person to accept only Rs.16,50,000 as full and final settlement as against the insured value of Rs. 22,00,000 would constitute unfair trade practice by New India Assurance Co. ltd. The bench of Presiding member Padma Pandey and Member Preetinder Singh has observed that such...

Haryana RERA Directs Anant Raj Builders To Pay Interest, Execute Conveyance Deed In Favor Of Homebuyer

Haryana Real Estate Regulatory Authority (Authority) bench comprising of Ashok Sangwan (Member) has directed M/s. Anant Raj Ltd to pay interest for delay and execute conveyance deed in the favour of Homebuyer. Background Fact The homebuyer (Complainant) booked a flat in the builder's (Respondent) project named Maceo located at Sector 91, Manesar, Gurugram by paying Rs. 14,00,000/-...

Giving False Assurances For Possession Of Apartment And Subsequent Cancellation Of Allotment Is 'Deficiency In Service' : Delhi State Commission

The Delhi State Consumer Disputes Redressal Commission has held Cosmos Infra Engineering (I) ltd. liable for providing deficient services with respect to construction and possession of an apartment under a housing project. A bench of Justice Sangita Dhingra Sehgal and Member Pinki has ordered the developer to refund the amount of Rs. 16,76,700 which was paid by the complainant for...

Multiple Complaints With Same Grievance Cannot Be Maintained: Delhi State Commission Dismisses Complaint Against Parsvnath Developers

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki dismissed a complaint against Parsvnath Developers and directed the complainant to instead join the ongoing class suit before the National Commission. Brief Facts of the Case The complainant booked a flat in the Parsvnath Developers' project and was allotted a unit for Rs. 30,21,201. A Flat...

Bariatric Surgery Addressing Chronic Disease Is Life-Saving Procedure : Delhi State Commission Holds United India Insurance For Deficiency In Service

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held that Bariatric surgeries for chronic diseases is a life saving procedure and cannot be excluded from standard policy terms. Brief Facts of the Case The complainant, a member of SCBA, enrolled in a group medical insurance policy provided by the insurer. The policy covered pre-existing...

Rejection Of Insurance Claim Valid If Insured Does Not Follow Policy Terms: Delhi State Commission Reject Claims Of Deficiency Against National Insurance

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal And Ms. Pinki held that the insurer can reject the insurance claim if the insured has not complied with the policy terms stated. Brief Facts of the Case The complainant's late husband owned a TATA truck insured with National Insurance/insurer since purchase. The vehicle was stolen, and the...

Banks Legally Obligated To Ensure Account Safety: Delhi State Commission Holds SBI Liable For Deficiency In Service

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki and Mr. J. P. Agrawal held that banks are legally obligated to ensure the safety of the customers' accounts and failing to do so amounts to deficiency in service. Brief Facts of the Case The complainant had a savings account with State Bank of India/bank and an ATM card linked to it. He activated...

Agent Does Not Come Under The Ambit Of 'Consumer' : Delhi State Commission

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held that an agent shares a relationship with the principal and this role is excluded from the definition of 'Consumer'. Brief Facts of the Case The complainant and the OP were involved in payment transaction services, facilitating transfers of public money to family members' bank accounts....