Consumer Cases
Failure To Obtain Occupancy Certificate Amounts As Deficiency In Service: NCDRC
The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held Trehan Home Developers liable for deficiency in service due to failing to obtain an occupancy certificate. Brief Facts of the Case The complainant, a senior citizen applied for a 3BHK flat (1350 sq. ft.) in the “HillView Garden Housing Complex” by Trehan...
Haryana RERA Directs Ocean Seven Buildtech To Pay Interest To Homebuyer For Delayed Possession
Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed Ocean Seven Buildtech Pvt. Ltd., the builder, to pay interest to the homebuyer who was allotted a flat in the builder's Affordable Housing project named Expressway Towers, for delayed possession. Background Facts The Homebuyer (Complainant) was allotted a flat having 645...
MahaREAT Directs Sunteck Realty To Pay Rs. 21 Lakhs To Homebuyer As Interest For Delayed Possession
Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), directed Sunteck Realty Limited (builder) to pay Rs. 21 lakhs to the homebuyer as interest for delayed possession. Additionally, the Tribunal set aside the authority's order allowing the builder to claim the benefit of...
Karnataka RERA Rejects Homebuyers Association's Complaint Seeking Completion Of Pending Work, Cites Lack Of Jurisdiction
Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N Raju (Member), has rejected the complaint filed by a homebuyer's association demanding the completion of pending work and compensation of Rs. 5.25 lakh. The authority held that it does not have jurisdiction over the project, and also the defect liability period of 5 years, which has been stipulated...
Silence Does Not Imply Consent In Insurance Proposals: NCDRC
The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker,held that silence cannot be taken as agreement in insurance proposals and a binding contract is formed only when acceptance is clearly communicated. Brief Facts of the Case The deceased husband of the complainant had availed two home loans of Rs. 14 lakhs each from State...
Insurers Cannot Rely On Fine Print To Evade Liability: NCDRC
The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra, held that insurers cannot use fine print as a way to avoid liability if they haven't properly informed the insured about such provisions. Brief Facts of the Case The complainant was provided a travel insurance cover by ICICI Lombard General Insurance/insurer under its Policy Platinum S for travel...
Sole Proprietorship Cannot Be Classified As “Individual Borrowers” As Per RBI Guidelines: NCDRC
The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that a loan taken in the name of a business by its sole proprietor does not classify the borrower as an “individual borrower” under RBI guidelines. Brief Facts of the Case The complainants applied for a business loan, with HDB Financial Services/finance company, resulting in the...
Passenger Responsible For The Safe Keeping Of Their Luggage: NCDRC
The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that passengers are responsible for the safe keeping of their luggage unless negligence by the railways is established with evidence. Brief Facts of the Case The complainant stated that he boarded a train from New Delhi to Nagpur with a reserved e-ticket from Indian Railways. After departing...
No Presumption Regarding Deficiency In Service Can Be Made Unless Proven Otherwise: NCDRC
The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that no assumption of deficiency in service can be made without evidence, and the responsibility to prove the same lies with the complainant. Brief Facts of the Case The complainant, an NRI residing in the USA, held a bank account with Bank of Baroda (formerly...
Excessive Forfeiture And Service Tax Deductions Amounts As Unfair Trade Practices: NCDRC
The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that forfeiture of a deposit must be justified and proportionate, it should not exceed 10% of the total amount deposited. Brief Facts of the Case The complainant applied for a 4 BHK villa at the Bellezza Benicia project by Macrotech Developers/builder, making an...
Interest On Deposited Amounts Should Be Restitutionary And Compensatory: NCDRC
The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that Interest on deposited amounts should serve as both restitution and compensation, and it should be payable from the date the deposit was made. Brief Facts of the Case The complainant had booked a plot in the Omaxe Chandigarh Extension project for Rs. 71,62,295.70...
Delay In Handing Over Possession, Karnataka RERA Directs GVR Construction To Refund
Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N Raju (Member), has directed GVR Construction & others, the builder, to refund Rs. 49.74 lakhs to the homebuyer after the builder failed to provide possession of the flat on time. According to the Sale agreement, the builder was supposed to provide possession by December...