District Consumer Commission Holds Ola Electric Liable, Orders Refund Of Rs. 1.63 Lakhs To Scooter Owner

While holding Ola Electric liable for deficiency in service and unfair trade practices, the District Consumer Disputes Redressal Commission, Ranga Reddy, Telangana bench, consisting of Chitneni Latha Kumari (President), PVTR Jawahar Babu (Member), and J Shyamala (Member) directed Ola Electric to refund Rs. 1.63 lakh to the scooter owner. Background Facts The complainant purchased an...

Failure To Repair IPhone 13 Under Warranty, District Commission Holds Apple Liable For Deficiency In Service

The District Consumer Disputes Redressal Commission, Palakkad (Kerala) bench, consisting of Vinay Menon (President), Vidya A. (Member), and Krishnankutty N.K. (Member) held Apple India and its authorized service center liable for deficiency in service for failing to repair complainant's iPhone 13 under warranty. Background Facts On April 29, 2022, the complainant bought an...

Doctor Following Accepted Medical Practices Not Liable For Complications That Arise Post-Surgery : Supreme Court

Recently, the Supreme Court held that a Doctor who follows the acceptable practice of the medical profession in the discharge of duties would not be liable for the patient's post-surgery complications. “In other words, simply for the reason that the patient has not responded favourably to the surgery or the treatment administered by a doctor or that the surgery has failed, the doctor...

RERA CASES MONTHLY DIGEST – OCTOBER, 2024

Haryana Real Estate Regulatory Authority Haryana RERA Upholds Cancellation Of Flat's Booking, Orders Ireo Grace To Refund After Deducting 10% Of Total Sales Price Case – Anuj Agrawal & anr Versus M/s Ireo Grace Realtech Private Limited Citation - Complaint No. 5387 of 2022 Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member),...

Rajasthan REAT Directs Air Force Naval Housing Board To Pay Interest To Homebuyers

Rajasthan Real Estate Appellate Tribunal (Tribunal), comprising Yudhisthir Sharma (Judicial Member), has directed the Air Force Naval Housing Board to pay interest to homebuyers in accordance with the RERA rules, which stipulate an interest rate of SBI MCLR + 2%. This decision comes after the Rajasthan Real Estate Regulatory Authority (Authority) had previously ordered only 3% interest...

MahaREAT – Possession Date Extension Invalid Despite Meeting Attendance And Continued Payments

Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that builder cannot change the possession date of the flat on the grounds that the homebuyer attended a meeting discussing the possession date extension and continued to pay installments after the possession date...

Haryana RERA Orders Refund To Homebuyer Of Mahira Homes - 104 Following Revocation Of Project's Registration

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), directed M/s Czar Buildwell Pvt. Ltd, to refund the amount paid by the homebuyer of Mahira Homes 104 along with interest following the revocation of the project's registration. On 11 March 2024, authority revoked the registration of five projects of the builder which include Mahira Homes...

MahaRERA Directs Godrej Properties To Refund Senior Citizen Who Canceled Their Booking Within One Month

Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Ravindra Deshpande (Member – II), has directed Godrej Properties to refund Rs. 15 lakhs to a senior citizen who cancelled their booking within one month due to a family emergency. However, Authority refused to provide interest over the paid up amount. Background Facts On 24.04.2017, Homebuyer...

Whether CIDCO Falls Under Definition Of Promoter For Town Development Activities? MahaREAT Answers

Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that the City and Industrial Development Corporation of Maharashtra Ltd. (CIDCO), which is a fully owned undertaking of the Government of Maharashtra and functions as a special planning authority for the development of new towns,...

Delay Of More Than 12 Years In Providing Possession Of Apartment, Rajasthan RERA Directs Sahara Prime City To Refund

Rajasthan Real Estate Regulatory Authority (Authority) Bench, comprising Sudhir Kumar Sharma (Member), has directed Sahara Prime City Limited, the builder, to refund the amount paid by the homebuyer along with interest. The homebuyer was allotted an apartment in August, 2009 and was expecting possession by October, 2012. Background Facts The homebuyer (Complainant) booked...

Builder Cannot Forfeit Amount In Absence Of Agreement With Forfeiture Clause, Telangana RERA Orders Full Refund To Homebuyer

While directing the builder to refund the full amount paid by the homebuyer for the purchase the flat, Telangana Real Estate Regulatory Authority (Authority) bench, comprising Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member), held that forfeiture is only applicable when a formal agreement with a forfeiture clause has been executed between...

RERA Cases Quarterly Digest [July - September 2024]

Karnataka Real Estate Regulatory Authority Failure To Provide Possession Within 12 Months, Karnataka RERA Orders Builder To Refund Amount Paid By Homebuyer Case – Dhimosh Mangadan & anr. Versus GVG Infrastructure Pvt Ltd Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member), has directed GVG Infrastructure Pvt. Ltd., the builder,...