Consumer Cases
Thrissur District Commission Holds Tile Manufacturer And Its Dealer Liable For Deficiency In Service Due To Decolourisation And Staining Of Tiles
The District Consumer Disputes Redressal Commission, Thrissur (Kerala) bench of Sri C.T. Sabu (President), Smt. Sreeja S. (Member), and Sri Ram Mohan R. (Member) held tile manufacturer Shah Tiles Pvt. Ltd and its dealer liable for decolourisation and staining of tiles. Background Facts The complainant purchased IVORY colour Shiv Cera Vitrified Tiles from the 1st opposite party dealer...
Intent Behind Purchasing Shop Was Self – Employment, NCDRC Holds Complainant As Consumer, Orders Refund
National Consumer Disputes Redressal Commission (NCDRC) Bench, comprising AVM J. Rajendra (President), held that the complainant who purchased a shop in the builder's commercial project qualifies as a consumer as the intent behind the purchase was self employment. The National Commission while holding the builder accountable for failing to provide possession on time directed the builder to refund Rs. 38 lakhs along with interest to the complainant. Previously, the State Commission...
MahaRERA Orders Relief To Nine Homebuyers Of Sahara Prime City Facing Delay Of Over 17 Years
Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Member – I), provided relief to nine homebuyers of the Sahara Prime City Nagpur project which has been facing a delay of more than 17 years. Sahara Prime City, the real estate company of Sahara India Pariwar, is experiencing issues in completing its ongoing projects after the Supreme Court...
Delhi District Commission Orders Shree Vardhman Developers To Refund Amount Paid By Homebuyer
The District Consumer Disputes Redressal Commission-II (South Delhi) bench comprising Monika A Srivastava (President), Dr. Rajender Dhar (Member) and Ritu Garodia (Member) directed Shree Vardhman Developers Pvt. Ltd (Builder) to refund 48 Lakhs with interest to homebuyer for delayed possession and deficiency in service. Background Facts The homebuyer (Complainant) was allotted a flat measuring 1,495 sq. ft. in the builder's (Opposite Party) project named Shree Vardhman Gardenia,...
Punjab RERA Orders Omaxe Chandigarh Extension To Pay Interest To Homebuyer For Delayed Possession
Punjab Real Estate Regulatory Authority (Authority) bench consisting of Binod Kumar Singh (Member), directed M/s Omaxe Chandigarh Extension Developments Pvt. Ltd. Which is a subsidiary of Real Estate company Omaxe Ltd. to pay interest to homebuyer for the delay in handing over possession of the flat. Background Facts Homebuyer (Complainant) was allotted a flat in the...
WB REAT Upholds Authority's Decision Directing Builder To Refund ₹11 Lakh To Homebuyer, Initiates Proceedings For Selling Unregistered Project
While upholding the West Bengal Real Estate Regulatory Authority (Authority) order directing the builder to refund the homebuyer's paid amount of Rs. 11,00,000/- with interest, West Bengal Real Estate Appellate Tribunal (Tribunal) bench, comprising Justice Rabindranath Samanta (Chairperson), Gour Sunder Banerjee (Judicial Member), and Dr. Subrat Mukherjee (Administration Member),...
Will Homebuyer Who Converted His Paid Amount Into Unsecured Loan Fall Under Definition Of Allottee? MahaREAT Answers
Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that homebuyer who converts their paid amount into an unsecured loan will not fall under the definition of an allottee. As the paid amounts are no longer considered as payments for the purchase of the Flat. Instead, they...
Delay Of Over 8 Years, Haryana RERA Directs KNS Infracon To Refund And Settle Homebuyer's Loan Account
Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/s KNS Infracon Private Limited to refund ₹93 Lakhs with interest to homebuyer who purchased a flat in their Capital Gateway Project. Additionally, Authority directed builder to close the homebuyer's loan account with the bank using the refundable...
WB REAT Directs Builder To Pay Settlement Of Over ₹2 Crores To Homebuyer For Failure To Deliver Possession Since 2017
West Bengal Real Estate Appellate Tribunal (Tribunal) bench, comprising Justice Rabindranath Samanta (Chairperson), Gour Sunder Banerjee (Judicial Member), and Dr. Subrat Mukherjee (Administration Member), disposed of the appeal after the builder made the fifth and final installment to the homebuyer as part of the settlement agreement.Instead of disposing of the appeal on the date the...
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...