MahaREAT Directs Neelkanth Constructions To Pay Interest, Execute Conveyance Deed In Favour Of Homebuyers

Maharashtra Real Estate Appellate Tribunal (Tribunal), comprising Justice Shriram R. Jagtap (Judicial Member) and Shrikant M Deshpande (Technical Member), has directed M/s. Neelkanth Constructions, the builder to pay interest for delayed possession and Execute conveyance deed in the favour of Homebuyers. Tribunal also held that Homebuyer association cannot be formed till Builder...

Unreasonable To Force Buyer To Wait For Possession After Delay Of 7 Years: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that it is unreasonable to make a buyer wait for possession after a delay of 7 years, making a refund with interest justified. Brief Facts of the Case The Purab Premium Apartment project (Group Housing) with 4500 flats was launched by the Greater Mohali Area...

Haryana RERA Issues Reference To P&H HC For Initiation Of Contempt Proceedings Against DCP(HQ) For Non-Arrest Of Directors Of Vatika Limited

Haryana Real Estate Regulatory Authority, Gurugram, Adjudicating Officer has issued reference to Punjab and Haryana High Court for Initiation of Contempt of Court Proceedings against Deputy Commissioner of Police (DCP) Headquarters, Gurugram in a case titled as Gurdeep Singh Guglani v Vatika Limited (RERAGRG Ex. No. 8096 of 2022) for Non-Arrest of Directors of M/s Vatika Limited...

RERA Cases Monthly Digest: September, 2024

Maharashtra Real Estate Appellate Tribunal MahaREAT Finds MahaRERA's Dismissal Of Homebuyer's Complaint Incorrect, Directs Builder To Refund ₹4.5 Lakh Case – Mr. Jaikishan Udhav Lakhwani & anr Versus M/s. Kanakia Spaces Realty Private Limited Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Dr. K Shivaji...

Failure To Obtain Occupancy Certificate Amounts As Deficiency In Service: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held Trehan Home Developers liable for deficiency in service due to failing to obtain an occupancy certificate. Brief Facts of the Case The complainant, a senior citizen applied for a 3BHK flat (1350 sq. ft.) in the “HillView Garden Housing Complex” by Trehan...

Haryana RERA Directs Ocean Seven Buildtech To Pay Interest To Homebuyer For Delayed Possession

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed Ocean Seven Buildtech Pvt. Ltd., the builder, to pay interest to the homebuyer who was allotted a flat in the builder's Affordable Housing project named Expressway Towers, for delayed possession. Background Facts The Homebuyer (Complainant) was allotted a flat having 645...

MahaREAT Directs Sunteck Realty To Pay Rs. 21 Lakhs To Homebuyer As Interest For Delayed Possession

Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), directed Sunteck Realty Limited (builder) to pay Rs. 21 lakhs to the homebuyer as interest for delayed possession. Additionally, the Tribunal set aside the authority's order allowing the builder to claim the benefit of...

Karnataka RERA Rejects Homebuyers Association's Complaint Seeking Completion Of Pending Work, Cites Lack Of Jurisdiction

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N Raju (Member), has rejected the complaint filed by a homebuyer's association demanding the completion of pending work and compensation of Rs. 5.25 lakh. The authority held that it does not have jurisdiction over the project, and also the defect liability period of 5 years, which has been stipulated...

Silence Does Not Imply Consent In Insurance Proposals: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker,held that silence cannot be taken as agreement in insurance proposals and a binding contract is formed only when acceptance is clearly communicated. Brief Facts of the Case The deceased husband of the complainant had availed two home loans of Rs. 14 lakhs each from State...

Insurers Cannot Rely On Fine Print To Evade Liability: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra, held that insurers cannot use fine print as a way to avoid liability if they haven't properly informed the insured about such provisions. Brief Facts of the Case The complainant was provided a travel insurance cover by ICICI Lombard General Insurance/insurer under its Policy Platinum S for travel...

Sole Proprietorship Cannot Be Classified As “Individual Borrowers” As Per RBI Guidelines: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that a loan taken in the name of a business by its sole proprietor does not classify the borrower as an “individual borrower” under RBI guidelines. Brief Facts of the Case The complainants applied for a business loan, with HDB Financial Services/finance company, resulting in the...

Passenger Responsible For The Safe Keeping Of Their Luggage: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that passengers are responsible for the safe keeping of their luggage unless negligence by the railways is established with evidence. Brief Facts of the Case The complainant stated that he boarded a train from New Delhi to Nagpur with a reserved e-ticket from Indian Railways. After departing...