Allottee Contractually Obligated To Take Possession If Offered After Issuance Of Allotment Letter: NCDRC

The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya and Bharatkumar Pandya, held Panchsheel Buildtech liable for deficiency in service over delay in handing over the possession and directed them to pay the compensation for the said delay. It also held that allottees are contractually obligated to accept the possession if it is offered...

Four-Year Delay In Completing Project, Karnataka RERA Orders Mantri Technology Constellations To Refund

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising HC Kishore Chandra (Chairperson), has directed Mantri Technology Constellations Pvt. Ltd., the builder, to refund the amount paid by the homebuyer for purchasing a flat, after the builder failed to complete the project despite a four-year delay. Background Facts A homebuyer booked a flat in the builder's...

MahaRERA Orders Builder To Pay Interest To Homebuyer Of Gokul Silvermist For Delayed Possession

Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Member), directed M/s Heena Builders & Developers, the builder, to pay interest to the homebuyer for the delay in handing over possession of the flat. The homebuyer had booked three flats in Gokul Silvermist, Santacruz (West), and was expecting possession by December 2017. Background...

Obligation To Provide Medical Care Includes Both Ethical And Legal Aspects: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held Lifeline Nursing Home liable for deficiency in service due to lapses in treatment leading to the death of the patient. Brief Facts of the Case The complainant's mother was admitted to Life Line Nursing Home for gallbladder surgery. The surgery performed allegedly resulted in the patient's death...

Karnataka RERA Orders Shrivision Towers To Pay Interest To Homebuyer For Delayed Possession

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N. Raju (Member), has directed Shrivision Towers Private Ltd., the builder, to pay interest to the homebuyer for failing to hand over possession of the flat on time. According to the agreement, the builder was supposed to hand over possession by September 2021. Background Facts On 14.01.2020,...

Consumer Cases Monthly Digest: July 2024

Supreme Court 'People Don't Purchase High-End Luxurious Cars To Suffer Discomfort' : Supreme Court Holds Mercedes Benz Liable For Faults In Vehicles The Supreme Court on Tuesday upheld orders of the National Consumer Disputes Redressal Commission (NCDRC) granting relief to two companies who had purchased cars from luxury car company Mercedes-Benz for the use of their...

Haryana RERA Orders Czar Buildwell To Refund Amount Paid By Homebuyer Of Mahira Homes-104

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), directed M/s Czar Buildwell Pvt. Ltd., the builder, to refund the amount paid by the homebuyer along with interest. Although the due date for possession was set for 2026, the Authority revoked the project's registration on March 11, 2024, due to numerous violations of the Real...

Delay In Informing Insurer Of Theft Shouldn't Automatically Repudiate Insurance Claim: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held National Insurance liable for deficiency in service and held that the interpretation of insurance policy terms should consider the context and the parties' intentions and mere delay in informing the insurer of theft does not automatically repudiate the insurance claim. Brief Facts of the Case...

RERA Cases Monthly Digest: July-2024

Karnataka Real Estate Regulatory Authority Failure To Provide Possession Within 12 Months, Karnataka RERA Orders Builder To Refund Amount Paid By Homebuyer Case – Dhimosh Mangadan & anr. Versus GVG Infrastructure Pvt Ltd Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member), has directed GVG Infrastructure Pvt. Ltd., the builder,...

Can Homebuyers File Concurrent Complaints Before RERA and Consumer Court Seeking Similar Reliefs? MahaREAT Answers

Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that homebuyers can approach the Real Estate Regulatory Authority (Authority) even if they have already filed a complaint before the Consumer Court. However, if both complaints seek the same relief, the Doctrine of Election...

Buyers Have Rights To Refund In Cases Of Delay And Cancellation Of Allotment: NCDRC

The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and AVM J. Rajendra, held Big Banyan Roots liable for deficiency in service and held that a buyer has rights to a refund in cases of delay or cancellation of allotment. Brief Facts of the Case The complainant purchased an apartment with an undivided share in the property and entered into a sale...

Onus To Prove Deficiency Lies With Complainant: NCDRC

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that the onus to prove the deficiency of service against the respondent lies with the complainant. Brief Facts of the Case The complainant purchased a vehicle from a third party who took out a loan from Mahindra Finance/Finance Company. The loan amount was to be repaid in 60...