Burden Of Proof Lies With Applicant To Show Sufficient Cause For Delay: NCDRC holds Ethiopian Arlines Liable For Deficiency

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra, held that demonstrating sufficient cause for delay is essential for exercising discretionary jurisdiction. Without sufficient cause, the application must be dismissed, placing the burden of proof on the applicant to justify the delay. Brief Facts of the Case The complainant booked a...

Chandigarh District Commission Holds Go Airlines, MakeMyTrip Liable For Failure To Refund Extra Expenses After Rescheduling Flight

The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench of Shri Pawanjit Singh (President), Mrs Surjeet Kaur (Member) and Shri Suresh Kumar Sardana (Member) held 'MakeMyTrip' and 'Go Airlines' liable for deficiency in service and unfair trade practices for their failure to refund the additional expenditure incurred by the Complainant due to sudden cancellation...

NCDRC Clears Canara Bank Of Liability For Non-Insurance Of Hypothecated Goods

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that the bank is not liable for any deficiency in service regarding the non-insurance of hypothecated goods, as the responsibility for obtaining insurance lies with the complainant rather than the bank Brief Facts of the Case The complainant, a company engaged in...

NCDRC Holds Motia Developers Liable For Deficiency In Service Due To Failure To Obtain Occupancy Certificate

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that the offer of possession without valid certification amounts to mere “paper possession” and amounts to deficiency in service. Brief Facts of the Case The complainants made an initial booking of a flat with Motia Developers for a payment of Rs...

Haryana RERA Upholds Cancellation Of Flat's Booking, Orders Planning Division To Take Action Against Vatika For Non-Registration

While upholding the cancellation of flat allotment, Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed Planning Division of authority to take action against Vatika Limited (the builder) for the non-registration of the project under RERA. Background Facts On 29.05.2015, Homebuyer (Complainant) purchased a flat measuring...

NCDRC Holds GNIDA Liable For Deficiency In Service Over Incomplete Construction

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that issuance of possession certificate without the completion of project constitutes deficiency in service. Brief Facts of the Case The complainant was allotted a house on a 120 sq m plot by Greater Noida Industrial Development Authority(GNIDA). After issuing letters...

MahaREAT – Non-Execution Of Agreement For Sale Does Not Preclude Homebuyers From Seeking Relief Under Section 18

While setting aside the Maharashtra Real Estate Regulatory Authority (Authority) order, Maharashtra Real Estate Appellate Tribunal (Tribunal), comprising Justice Shriram R. Jagtap (Judicial Member) and Shrikant M Deshpande (Technical Member), has observed that mere non-execution of agreement for sale will not preclude homebuyers from invoking Section 18 of RERA, 2016. The...

NCDRC Holds PAN Realtors Liable For Deficiency In Service Due To Unreasonable Delay In Handing Over Possession

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that buyers are entitled to seek a refund with compensation if possession is delayed indefinitely Brief Facts of the Case The complainant booked an apartment with the builder for Rs. 43,07,250 for personal use. After paying the booking amount and signing a Flat...

NCDRC Holds Bharati Life Insurance Liable For Deficiency In Service Due To Wrongful Repudiation Of Claim

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that the insurer cannot repudiate an insurance claim without providing admissible documentary evidence for rejection. Brief Facts of the Case The complainant's late husband took an end use mortgage home loan from Punjab National Bank (PNB) Housing Finance with Bharti...

NCDRC Holds Bank Of Baroda Liable For Deficiency In Service Due To Failure To Inform Joint Account Holder Before Releasing FDR

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that failure to inform the other joint account holder before releasing the FDRs constitutes deficiency in service Brief Facts of the Case The complainant invested in fixed deposit schemes with Bank of Baroda, and the maturity amounts totaled Rs. 13,93,859, Rs....

Application For Registration Of Real Estate Project Deemed To Be Approved If No Decision Taken By RERA In 30 Days: Allahabad High Court Grants Relief To L&T

The Allahabad High Court has held that the 30-day period prescribed under Section 5(2) of the Real Estate (Regulation and Development) Act, 2016 for deciding applications for registration of real estate projects is mandatory in nature as upon failure to accept or reject the application within 30 days, the project shall be deemed to be registered.Section 4 of the Real Estate (Regulation...

Full Disclosure Necessary In Insurance Contracts: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM. J. Rajendra, held that a full disclosure in such insurance contracts and non-disclosure and misrepresentation are valid grounds for voiding such contracts. Brief Facts of the Case The complainant purchased a shipment insurance policy for Rs. 60,00,000 from Export Credit Guarantee Corporation Of India/ insurer...