Haryana RERA Directs Tashee Land Developers To Pay Interest To Homebuyer, Also Held Possession Clause Biased

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/s Tashee Land Developers Pvt. Ltd., the builder, to pay interest to the homebuyer for the delay in providing possession of the flat. Additionally, the Authority also held that the Possession terms of the agreement are biased in favor of the builder. Background Facts Through...

Failure To Obtain Environmental Clearance, Haryana RERA Orders Ocean Seven Buildtech To Provide Refund To Homebuyers

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/S Ocean Seven Buildtech Private Limited, the builder, to refund the amount paid by two homebuyers of the affordable housing project named The Venetian after the builder failed to obtain the necessary environmental clearance for the project. Background Facts The...

Karnataka RERA Holds Shriram Properties For Delayed Possession Of 2 Years, Orders Interest To Homebuyer

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N. Raju (Member), has directed M/S Shriram Properties 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 December...

NCDRC Holds Eros City Developers Liable For Delay In Handing Over The Possession

The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya and Justice Bharatkumar Pandya, held Eros City Developers liable for deficiency in service over delay in handing over the possession to the complainant. It was held that buyers cannot be made to wait indefinitely for possession and the reasonable period to hand over the possession...

Negligence In Medical Field Is Judged By Whether Injury Resulted From Negligent Act: NCDRC

The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya and Mr. Bharatkumar Pandya, held that medical negligence is not proven by a lack of care or an error in judgment if the doctor follows an acceptable practice, even if a better alternative exists. Brief Facts of the Case The complainant suffered a high fever and was diagnosed with dengue at...

Any Fact Affecting Insurer's Decision Is Material, Failure To Disclose Allows Policy Rejection: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that any fact that could impact a prudent insurer's decision is considered material, and failing to disclose it gives the insurer the right to reject the policy. Brief Facts of the Case The complainant's husband, who had obtained an insurance policy with...

Misleading Statements Or Representations Must Be Shown To Prove Unfair Trade Practices: NCDRC

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that to establish a case of unfair trade practice, it is necessary to demonstrate that false and misleading statements or representations were made. Brief Facts of the Case The complainant traveled to Hyderabad for personal reasons and, after developing high blood pressure, visited...

Insurer Cannot Deny Liability Based On Non-Transfer Of Policy: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the insurance policy gets transferred with ownership, and the insurer can't deny liability based on non-transfer of the policy. Brief Facts of the Case The complainant bought a vehicle that was insured with IFFCO General Insurance/insurer from a third party. After the vehicle was involved...

“Compensation” Includes Compensation For Physical, Mental Or Emotional Suffering: NCDRC

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held T & T Motors liable for deficiency in service for refusing timely repair services while the product was still under warranty. Brief Facts of the Case The complainant purchased a Mercedes Benz car from T & T Motors/dealer for Rs. 27,08,189. The car broke down during rainfall in...

RERA Cases Weekly Round Up: August 5 To August 11,2024

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.,...

Five Year Delay In Handing Over Possession, Haryana RERA Orders Raheja Developers To Refund Homebuyers

While hearing the complaint of two homebuyers of the Raheja Revanta Project, Haryana Real Estate Regulatory Authority (Authority) bench, comprising of Ashok Sangwan (Member), directed Raheja Developers to refund the amount paid by the homebuyers, along with interest. The homebuyers had purchased flats in the Raheja Revanta project and were expecting possession by July...

The Quantum Of Compensation Should Be Based On Facts And Circumstances Of Each Case: NCDRC

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that the quantum of compensation and punitive damages depends on the facts and circumstances of each case. Brief Facts of the Case The complainant, a nurse in Hyderabad and a member of ESIC sought financial assistance from ESIC for her daughter's blood cancer treatment, which required a...