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...

Cooperative Society Should Be Considered As Consumer Under Consumer Protection Act: NCDRC

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that primary intent should be considered to determine commercial purpose. It was further held that a cooperative society, a welfare organization rather than a profit-driven entity, should be considered a consumer under the Consumer Protection Act. Brief Facts of the Case The complainant,...

Karnataka RERA Directs Builder To Pay Interest To Homebuyer, Execute Sale Agreement, Complete Project

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N Raju (Member), has directed Aashirwad Infra Developers, the builder, to pay interest to the homebuyer, execute the sale agreement, and complete the project with all amenities. Background Facts On 14.02.2020, the homebuyer (Complainant) entered into a sale agreement to purchase a flat in the...

Builder Bound To Deliver Facilities As Promised In Advertisement: NCDRC

The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya and Mr. Bharatkumar Pandya, held that according to judicial precedents, a builder is under obligation to deliver the facilities to the buyers as promised in the brochure. Brief Facts of the Case The complainants stated that Bombay Dyeing & Manufacturing Company Limited, engaged in...

Tamil Nadu RERA Orders Builder To Provide Full Refund Of Homebuyer's Money Without Charging Any Cancellation Fee

Tamil Nadu Real Estate Regulatory Authority (Authority) bench, comprising Sunil Kumar (Member), has directed, M/s. Alliance Villas Pvt Ltd, the builder to refund the full amount paid by the homebuyer without deducting any cancellation charges. Background Facts The homebuyer (Complainant) was allotted a villa in the builder's (Respondent) project named “Alliance Humming...

Telangana RERA Orders Refund To Homebuyers Of Jaya Gold And Imposes Penalty On Jayathri Infrastructures For Selling Unregistered Project

Telangana Real Estate Regulatory Authority (Authority) bench, comprising Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member), directed M/s Jayathri Infrastructures India, the builder, to refund the amount paid by the Four homebuyers of Jaya Gold for their respective flats. Additionally, the Authority imposed a penalty of ₹9.78...

Delay Of 8 Years In Handing Over Possession Of Plot, Haryana RERA Orders Vatika Ltd To Refund

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Sanjeev Kumar Arora (Member), has directed M/S Vatika Limited, the builder, to refund the amount paid by the Complainant to purchase a plot after failing to hand over possession even after an eight-year delay. Background Facts The Complainant booked a plot in the builder's (Respondent) project named...

Haryana RERA Orders Emaar To Refund Amount Paid By Homebuyer

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/s Emaar Mgf Land Ltd., the builder to refund ₹1.30 crores with interest to homebuyer who purchased a villa in their Marbella Project. Background Facts The homebuyer (Complainant) booked a villa in the builder's project named Marbella, located in Sector-65, Gurugram....

Telangana RERA Orders Refund To Homebuyers And Imposes ₹1.16 Crore Penalty On Jayathri Infrastructures For Selling Unregistered Project

While hearing the complaint of fourteen homebuyers of the Lexico Park project, the Telangana Real Estate Regulatory Authority (Authority) bench, comprising Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member), directed the builder to refund the amount paid by the homebuyers to purchase the flats. Additionally, the Authority imposed a...

Insurance Policy Voidable If Presence Of Suppression Of Facts In Proposal Form: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the presence of suppression of facts in the proposal form renders an insurance policy voidable at the option of the insurer. Brief Facts of the Case Max Life Insurance/insurer issued a life insurance policy to the life assured. A bank sanctioned a loan to the complainant, who was required...

Proving Sufficient Cause Does Not Automatically Entitle Condonation Of Delay: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, in a revision petition filed by the Tehsildar Taluk Office with a delay of 349 days, held that even if a sufficient cause is presented, the decision to grant a condonation for the delay is still at the Court's discretion. Brief Facts of the Case The record indicated a delay of 349 days in filing...

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. Brief Facts of the Case The complainants had purchased plots from the respondents/vendor that were intended for future requirements...