Whether Charitable Trust Is Consumer Under Consumer Protection Act? Supreme Court To Examine On September 18

The Supreme Court will hear on September 18 the issue of whether a charitable trust can maintain an action and claim compensation under the Consumer Protection Act, 1986 as a 'consumer'.A bench of Justice Abhay S Oka, Justice Ahsanuddin Amanullah and Justice Augustine George Masih directed the parties to file compilation of decisions they are going to rely upon while addressing the Court on...

7 Year Delay In Project Completion, Tamil Nadu RERA Orders Refund To Homebuyer, Imposes Penalty On Builder For Non-Registration

Tamil Nadu Real Estate Regulatory Authority (Authority) bench, comprising Sunil Kumar (Member), has directed, M/s. Sare Shelters Projects Private Limited, the builder to refund the amount paid by the homebuyer to purchase the flat. Additionally, the Authority imposed a penalty of Rs. 1 Lakhs on the builder for failing to register the project under RERA. Background Facts The...

Complaint Filed After 5 Years From Cause Of Action, Haryana RERA Dismisses Homebuyer's Complaint Against Emaar

While dismissing the homebuyer's complaint filed after a delay of 5 years from the date the cause of action arose, the Haryana Real Estate Regulatory Authority (Authority), bench comprising Ashok Sangwan (Member), held that three years is a reasonable time frame for filing complaint under normal circumstances. Background Facts The homebuyer (Complainant) booked a flat in the...

Himachal RERA Directs Ahlawat Developers To Execute Sale Deed In Favor Of Homebuyer Within 2 Months

Himachal Real Estate Regulatory Authority (Authority), bench comprising Dr. Srikant Baldi (Chairperson), has directed Ahlawat Developers and Promoters to refund the amount paid by the homebuyer with interest if the builder fails to execute the sale deed in favor of the non-Himachali homebuyer within two months. Background Facts The homebuyer (Complainant), who is not a resident...

Flat Possession Offered Without Completion & Firefighting Certificates : Supreme Court Asks Developer To Compensate Buyer

In a recent case, the Supreme Court directed the Agra Development Authority(ADA) to grant compensation to the tune of Rs. 15 Lakhs to a flat buyer over a deficiency in service caused by the developer in offering the possession of the flat without requisite completion certificate and firefighting clearance certificate.The absence of these documents unquestionably vitiates the offer of...

Karnataka RERA Directs Mantri Developers To Pay 42 Lakh Rupees To Homebuyer As Interest For Delayed Possession

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member), has directed Mantri Developers, the builder, to pay 42.87 lakh rupees to the homebuyer as interest for the delay in handing over possession of the flat. According to the agreement, the builder was supposed to hand over possession by March 2017. Background Facts The homebuyer (Complainant)...

MahaREAT Finds MahaRERA's Dismissal Of Homebuyer's Complaint Incorrect, Directs Builder To Refund ₹4.5 Lakh

Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Dr. K Shivaji (Technical Member), holds Maharashtra Real Estate Regulatory Authority (Authority) dismissal of the homebuyer's complaint incorrect and directed the builder to refund ₹4.5 lakh received for the issuance of No Objection Certificate (NOC) for transfer of the flat...

Insurer Cannot Dismiss Claim Based On Mere Speculation: NCDRC Holds United India Insurance Liable For Deficiency In Service

The National Consumer Disputes Redressal Commission, presided by Justice Sudip Ahluwalia, held that the insurer cannot reject a legitimate claim by the insured based on mere speculation. Brief Facts of the Case The Complainant insured 400 trolleys of Mustard Husk for Rs. 21,00,000 with the United India Insurance/insurer and paid a premium of Rs. 12,514. After a fire, the...

RERA Monthly Round Up: August 2024

Haryana Real Estate Regulatory Authority Haryana RERA Directs Ocean Seven Buildtech To Pay Interest To 15 Homebuyers Of Expressway Towers For Delayed Possession Case – Rameshwar Singh Versus Ocean Seven Buildtech Pvt. Ltd. A/w 14 others Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed Ocean Seven Buildtech Pvt. Ltd.,...

Medical Professionals Must Adopt Reasonable Methods Of Treatment, Despite Availability Of Different Medical Approaches: NCDRC

The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya and Mr Bharatkumar Pandya, held that even though different methods of medical treatment are permissible, a medical professional must ensure that their approach remains reasonable. Brief Facts of the Case The complainant alleged that Fortis Escorts Heart Institute & Research Centre...

Refunded Amount Should Be Paid From Date Of Deposit To Ensure Restitution: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM J. Rajendra, held that the refunded amount should be paid from the date of deposit and should be both restitutionary and compensatory. Brief Facts of the Case The complainant booked a flat with the Punjab Urban Planning & Development Authority/developer and paid ₹3,00,000 as...

Compensation Should Be Both Compensatory And Restitutionary: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that compensation should serve both to reimburse for losses and to restore what was lost, with 9% interest considered reasonable. Brief Facts of the Case The complainant had entered into two agreements with the developer and the landowners for purchasing a flat and a...