No Presumption Regarding Deficiency In Service Can Be Made Unless Proven Otherwise: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that no assumption of deficiency in service can be made without evidence, and the responsibility to prove the same lies with the complainant. Brief Facts of the Case The complainant, an NRI residing in the USA, held a bank account with Bank of Baroda (formerly...

Excessive Forfeiture And Service Tax Deductions Amounts As Unfair Trade Practices: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that forfeiture of a deposit must be justified and proportionate, it should not exceed 10% of the total amount deposited. Brief Facts of the Case The complainant applied for a 4 BHK villa at the Bellezza Benicia project by Macrotech Developers/builder, making an...

Interest On Deposited Amounts Should Be Restitutionary And Compensatory: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that Interest on deposited amounts should serve as both restitution and compensation, and it should be payable from the date the deposit was made. Brief Facts of the Case The complainant had booked a plot in the Omaxe Chandigarh Extension project for Rs. 71,62,295.70...

Delay In Handing Over Possession, Karnataka RERA Directs GVR Construction To Refund

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N Raju (Member), has directed GVR Construction & others, the builder, to refund Rs. 49.74 lakhs to the homebuyer after the builder failed to provide possession of the flat on time. According to the Sale agreement, the builder was supposed to provide possession by December...

Rajasthan REAT Directs Indian Railway Welfare Organisation To Pay Interest On Refund Amount To Homebuyer

Rajasthan Real Estate Appellete Tribunal (Tribunal) Bench, Comprising of Yudhisthir Sharma (Judicial Member) and Rajendra Kumar (Technical Member), directed the Indian Railway Welfare Organisation (IRWO) to pay interest on the refund amount to the homebuyer. Earlier, the Rajasthan Real Estate Regulatory Authority (Authority) bench had directed to refund the homebuyer's amount...

Surveyor's Report Not Always Conclusive In Nature: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that while a surveyor's report is important, it is not always conclusive in nature.Brief Facts of the Case The complainant, through its proprietor, obtained an SME Package Policy for stock coverage, from SBI General Insurance/insurer with a sum assured of Rs. 45,00,000. During...

Superficial Investigation Of Matter Warrants Remand For New Decision: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, in an appeal by United India Insurance held that when the matter has not been examined in depth by the State Commission, it justifies the remand for a fresh decision after allowing both parties to present their evidence and arguments.Brief Facts of the Case The complainant company,...

Loss Of Ownership Documents By Bank Amounts As Negligence: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that loss of ownership documents of the customer by the bank amounts as negligence and the bank must compensate the customer for losses stemming from the document loss.Brief Facts of the Case The complainant got a housing loan from the State Bank Of Travancore by pledging sale...

Haryana RERA Upholds Cancellation Of Flat's Booking, Orders Ireo Grace To Refund After Deducting 10% Of Total Sales Price

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/s Ireo Grace Realtech Private Limited, the builder, to refund the amount paid by the homebuyer, after deducting 10% of the total cost of the flat as earnest money. The complaint was filed by the homebuyer after the builder forfeited homebuyer's Rs.39,42,088/-.Background FactsThe...

Terms Of Insurance Contracts Should Be Strictly Interpreted: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, dismissed an appeal against National Insurance Company and held that insurance contract terms must be strictly interpreted, with precise adherence to their explicit wording and no alterations made.Brief Facts of the Case The complainant obtained a home loan of Rs. 22 lakh for a...

Insurance Contract Necessitates Full Disclosure Of Material Facts: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, in held that an insurance contract mandates utmost good faith, requiring complete disclosure of material facts, and an insurer is entitled to repudiate the contract if such facts are withheld.Brief Facts of the Case The complainant's late husband took a Jeevan Anand (with profits)...

Defect Must Be Established Through Proper Analysis Before Compensation Is Granted: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that before any compensation can be granted, the presence of a defect must be thoroughly verified through proper and detailed analysis.Brief Facts of the Case The complainant, along with his wife, attended a wedding at Blue Coast Hotels and Resorts owned by Parkhyatt Goa Resort....