Inundation In Insurance Policies Include Act Of Flooding As Well As Its Consequences: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held National Insurance Company liable for deficiency in service due to denial of insurance claim stating that inundation resulting from excessive rainfall does not fall within the flood policy's coverage.Brief Facts of the Case The complainant purchased a Standard Fire and Special Perils insurance policy from...

Justice Is Achieved Only When Opposite Party Is Given Fair Opportunity: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra, held that justice can only be achieved if both parties are given a reasonable opportunity to prove their case.Brief Facts of the Case The complainants, a husband and wife working in the private sector, sought to purchase a home and were attracted by the builder's representations. They booked a flat in the...

Haryana RERA Dismisses Former Homebuyer's Complaint Seeking Interest For Delayed Possession

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), dismissed a complaint from a former homebuyer seeking interest from the builder, M/s Apex Buildwell Pvt. Ltd., for delayed possession after the homebuyer sold the flat to another person in 2023, after taking possession.Background FactsThe complainant (former homebuyer) booked a flat in the...

Haryana RERA Directs Apex Buildwell To Pay Interest To Four Homebuyers

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/s Apex Buildwell Pvt. Ltd. to pay interest to four homebuyers of the affordable housing project named Our Homes, situated in Sector-37, Gurugram, Haryana.Background FactsAll four homebuyers (Complainants) purchased a flat each, measuring 516.67 sq. ft, in the builder's...

Expert Evidence Crucial In Medical Negligence Cases: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that expert evidence is crucial in medical negligence cases to determine fault.Brief Facts of the Case The complainant suffered a snake bite on her right thumb and was taken to Nehru Satabdi Central Hospital, where she was treated as a paying patient. Admitted to the pediatric ward and under the care of...

Karnataka RERA Orders Mantri Developers To Pay ₹65 Lakh To Homebuyer For 7-Year Delay In Possession

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member), has directed Mantri Developers, the builder, to pay Sixty-Five lakh rupees to the homebuyer as interest for 7 Years delay in handing over possession of the flat. According to the agreement, the builder was supposed to hand over possession by March 2015.Background FactsThe homebuyer (Complainant)...

Consumer Protection | Right To File Written Statement Couldn't Be Foreclosed If Complaint's Copy Wasn't Supplied To Opposite Party : Supreme Court

In a recent consumer case, the Supreme Court permitted the opposite party to file a written statement in the consumer complaint after the expiry of the statutory time limit because a copy of the complaint was not served to him. It was a case where the appellant was denied the right to file a written statement in response to the consumer complaint. The National Consumer Dispute...

Chandigarh State Commission Holds 24 Seven Liable For Charging Extra Money For Promotional Carry Bags

The State Consumer Dispute Redressal Commission, U.T. Chandigarh bench of Justice Raj Shekhar Attri (President) and Mr Rajesh K. Arya (Member) held '24 Seven' liable for deficiency in service and unfair trade practice for charging money for carry bags, which had its official branding. It was held that all costs associated with delivering goods in a usable state, including packaging, must...

Complainant No Longer Remains 'Consumer' If Product In Dispute Is Sold Off: West Delhi District Commission

The District Consumer Disputes Redressal Commission-III, West Delhi bench of Ms Sonica Mehrotra (President), Ms Richa Jindal (Member) and Mr Anil Kumar Koushal (Member) reiterated that once the complainant no longer possesses the product which is subject matter to the complaint, the complainant loses the status of a 'consumer'. As a result, the complaint against “Godrej and Boyce”...

Supreme Court Seeks Centre's View On Whether Charitable Trust Is A “Consumer” Under Consumer Protection Act, 1986

The Supreme Court today (September 18) sought the assistance of Union of India through the Ministry of Consumer Affairs as a respondent in a case involving the issue whether a charitable trust can be considered a “consumer” under the Consumer Protection Act, 1986.The definition of “consumer” under Section 2(1)(d) of the 1986 Act includes any “person” who buys goods or avails...

Unjustified Repudiation Of Valid Claim, Bihar State Commission Holds Bajaj Allianz Life Insurance Co. Liable

The State Consumer Disputes Redressal Commission, Bihar bench comprising Justice Sanjay Kumar (president) and Mr Ram Prawesh Das (Member) held 'Bajaj Allianz Life Insurance Company' liable for wrongful repudiation of a valid life insurance claim, based on pre-existing diseases which were unrelated to the cause of the insured's death. The Insurance Company was directed to...

RERA Cases Weekly Round Up: September 9 to September 15

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...