Bank Liable for Ensuring Security of Pledged Customer Assets: Ernakulam District Commission Holds Union Bank Liable For Deficiency In Service

The Ernakulam District Commission, presided by Shri. D.B. Binu, Shri. V. Ramachandran and Smt. Sreevidhia T.N., held that the bank cannot avoid its responsibility to safeguard the assets pledged by its customers. Brief Facts of the Case The complainants filed a case against Union Bank of India, alleging deficiency in service and unfair trade practices after failing to return...

Refund Offer From Builder After Long Delay Considered Inadequate: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held Lucknow Development Authority liable for deficiency in service. The Commission held that a buyer can not be made to wait indefinitely for possession, and a refund offer from the builder after a long delay is inadequate. Brief Facts of the Case The builder, a...

Builder Legally Obligated To Deliver Completed Unit With Conveyance Deed: NCDRC

The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya and Mr. Bharatkumar Pandya, held that a builder is legally obligated to deliver a completed unit with the conveyance deed, and failure to do so constitutes a deficiency in service. Brief Facts of the Case The complainant booked a flat with Marvel Developers/developer, which had...

Delay In Delivering Possession After Receiving Deposits Constitutes “Deficiency In Service”: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held Vatika Limited liable for deficiency in service due to a delay in handing over the possession even after receiving the deposit amount. Brief Facts of the Case The complainant booked a residential unit in the “Urban Woods” project by M/s Vatika...

Limitation Period Cannot Be Extended Based On Discussions Or Exchange Of Letters: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra, held that the law of limitation must be strictly enforced, requiring that complaints be filed within the designated timeframe. The limitation period cannot be extended based on discussions or correspondence, as it is not considered a continuing action. Brief Facts of the Case The complainant,...

Burden Of Proof Lies With Complainant In Consumer Cases: Ernakulam District Commission

The Ernakulam District Commission, presided by Shri. D.B. Binu, Shri. V. Ramachandran and Smt. Sreevidhia T.N., held that the burden of proof in consumer cases lies with the party making the claim and the manufacturer cannot be held responsible without adequate proof of deficiency in service or manufacturing defect. Brief Facts of the Case The complainant entrusted their LG...

Failing To Contact Customer To Resolve Issue Amounts As Deficiency In Service: Ernakulam District Commission

The Ernakulam District Commission, presided by Shri. D.B. Binu, Shri. V. Ramachandran and Smt. Sreevidhia T.N., held Federal Bank liable for deficiency in service. It was held that the bank's failure to directly refund the excess amount to the complainant, despite the availability of contact information, constituted a deficiency in service. Brief Facts of the Case ...

Karnataka RERA Holds Shriprop Projects For Delayed Possession Of 2 Years, Orders Interest To Homebuyer

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N. Raju (Member), has directed Shriprop Projects Pvt. Ltd, the builder, to pay interest to the homebuyer after the builder handed over possession of the flat with a 2-year delay. According to the terms of the agreement, the builder was supposed to hand over possession by September...

Mere Allegations Of Negligence Are Insufficient To Prove Deficiency: Ernakulam District Commission

The Ernakulam District Commission, presided by Shri. D.B. Binu, Shri. V. Ramachandran and Smt. Sreevidhia T.N., held that mere allegations of negligence are insufficient and concrete evidence is required to hold a manufacturer liable for deficiency in service. Brief Facts of the Case The complainant purchased a TCL LED TV with a three-year warranty from a TCL Showroom....

Consumer Cases | Applications To Condone Delay In Filing Written Statements Filed Before 'New India Assurance 2' Decision Can't Be Summarily Rejected : Supreme Court

In a recent consumer case, the Supreme Court directed the National Consumer Dispute Redressal Commission (“NCDRC”) to decide the delay condonation application of the defendant for filing a written statement beyond the statutory period of a maximum 45 days i.e., after a delay of 285 days. Since the delay condonation application for filing the written submissions was preferred before...

MahaREAT Criticizes MahaRERA's Casual Approach, Directs Spenta Builders to Pay Interest from Default Date Until Possession Handed Over

While directing M/s. Spenta Builders Pvt. Ltd , the builder to pay interest from the due date of possession until the date possession was handed over to the homebuyer, Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Shrikant M. Deshpande (Technical Member), criticized the casual and non-serious approach of the Maharashtra...

Karnataka RERA Orders Maars Infra Developers To Pay 7.12 Lakh Rupees To Homebuyer As Interest For Delay In Handing Over Possession

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N Raju (Member), has directed Maars Infra Developers Pvt Ltd, the builder, to pay 7.12 lakh rupees to the homebuyer as interest for a delay of 1 year in handing over possession of the flat. Background Facts On 18.09.2018, the homebuyer (Complainant) booked a flat in the builder's (Respondent no...