Service Of Legal Notice Through WhatsApp, Other Electronic Means Recognized Under Consumer Protection Act: Ernakulam District Commission

The District Consumer Disputes Redressal Commission, Ernakulam (Kerala) bench of Shri D.B. Binu (President), Shri V. Ramachandran (Member) and Smt. Sreevidhia T.N. (Member) permitted the complainant to serve notice via WhatsApp to the opposite party. The bench recognized the service of notices through electronic means to prevent parties from attempting to evade legal proceedings...

Consumer Protection Act - Dominant Purpose To Be Looked Into To Ascertain Whether Transaction Was Commercial: Supreme Court

While dealing with the issue whether a real estate company that purchased a flat for the personal use of its Director is a "consumer" under Section 2(7) of the Consumer Protection Act, the Supreme Court recently reiterated that deciding the intended use of the purchased goods (personal or commercial) would depend on the facts and circumstances of each case."It is the dominant intention of...

Panchkula District Commission Holds '24 Seven' Liable For Selling Expired Food Product

The District Consumer Disputes Redressal Commission, Panchkula (Haryana) bench of Sh. Satpal (President) and Dr Sushma Garg (Member) held the '24 Seven' store liable for unfair trade practices for selling products beyond their expiry date. Brief Facts: The Complainant purchased groceries, including a bag of Kari & Kari (Japanese Premium Snacks), from 24 Seven (“Seller”)....

NCDRC Holds SBT Liable for Losing Original Title Deed Secured for Loan

The National Consumer Disputes Redressal Commission (NCDRC) bench of Mr Subhash Chandra (Presiding Member) and Dr Sadhna Shanker (Member) held 'State Bank of Travancore' liable for deficiency in service for losing the original title deed submitted by the complainant as security for a housing loan. Brief Facts: The Complainant had taken a housing loan from the State Bank of...

Vijayapur District Commission Holds Reliance General Insurance Co. Liable For Wrongful Repudiation Of Valid Claim

The District Consumer Disputes Redressal Commission, Vijayapur (Karnataka) bench of Shri Ambadas Kulkarni and Smt. V.B. Mutalik Desai held 'Reliance General Insurance Co. Ltd.' liable for failure to disburse the insurance amount for a valid car accidental claim. It was held that the occurrence of the accident and the damage were proven and thus, the claim should have been...

Registration Of Vehicle At Time Of Accident Is Mandatory To Claim Insurance Amount: Haryana State Commission

The State Consumer Disputes Redressal Commission, Haryana bench of Mr Naresh Katyal (Judicial Member) and Mr S.C. Kaushik (Member) held that the insurer is not under any obligation to disburse the accidental claim amount for unregistered vehicles at the time of the accident/theft. The bench highlighted that non-registration of vehicles amounts to an offence under Section 192 of the...

Why Ask Lawyers To File Physical Copies In Addition To E-Filed Copies? Supreme Court Asks NCDRC

The Supreme Court on Tuesday (August 20) verbally observed that asking advocates to file physical copies of their appeals/applications at the National Consumer Disputes Redressal Commission (NCDRC) in addition to virtual filing would defeat the purposes of e-filing.The bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra was hearing a petition seeking efficient...

Consumer Cases Weekly Round-Up: 12th to 18th August 2024

National Consumer Disputes Redressal Commission Sufficient Cause Needs To Be Given To Condone Delay: NCDRC The National Consumer Disputes Redressal Commission, presided by Justice A.P. Sahi, held that a consumer complaint is barred by limitation under Section 24A of the act, and sufficient reason needs to be given for the condonation of the said delay. Case Title:...

Purchaser Classified As Consumer If Dominant Purpose Is Personal Use : NCDRC

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that the mere employment of a few persons does not alter the nature of self-employment in a commercial venture. Brief Facts of the Case The complainant booked an office space in the “Logix Technova” project developed by Vipul IT Infrassoft Ltd/developer in Noida. The agreement...

Maharashtra RERA Orders Deregistration of Project Godrej Alive A, B, C, and E

A bench of the Maharashtra Real Estate Regulatory Authority (Authority), comprising Ajoy Mehta (Chairperson), Mahesh Pathak (Member I) and Ravindra Deshpande (Member II), has directed the deregistration of four projects named Godrej Alive A, B, C, and E. The deregistration application was opposed by Godrej Properties Ltd, which acted as the development manager for...

Haryana RERA Orders Imperia Structures To Pay Interest To Homebuyer For Delayed Possession

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/s Imperia Structures Limited, the builder, to pay interest to the homebuyer of The Esfera project located at Sector 37C, Gurugram, for the delay in handing over possession. According to the apartment buyer agreement, the builder was supposed to hand over possession of the flat...

Maharashtra REAT – Builder Not Entitled To Forfeit Money Paid By Homebuyer As Part Payment Of Consideration

While directing M/s. Godrej Properties Limited (Builder) to refund Rs. 73,57,978 to the homebuyer, the Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Shrikant M. Deshpande (Technical Member), held that the builder is not entitled to forfeit the money paid by the homebuyer as part of the consideration. Background...