Expert Evidence Crucial In Medical Negligence Cases: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that expert evidence is crucial in medical negligence cases to determine fault.Brief Facts of the Case The complainant suffered a snake bite on her right thumb and was taken to Nehru Satabdi Central Hospital, where she was treated as a paying patient. Admitted to the pediatric ward and under the care of...

Karnataka RERA Orders Mantri Developers To Pay ₹65 Lakh To Homebuyer For 7-Year Delay In Possession

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member), has directed Mantri Developers, the builder, to pay Sixty-Five lakh rupees to the homebuyer as interest for 7 Years delay in handing over possession of the flat. According to the agreement, the builder was supposed to hand over possession by March 2015.Background FactsThe homebuyer (Complainant)...

Consumer Protection | Right To File Written Statement Couldn't Be Foreclosed If Complaint's Copy Wasn't Supplied To Opposite Party : Supreme Court

In a recent consumer case, the Supreme Court permitted the opposite party to file a written statement in the consumer complaint after the expiry of the statutory time limit because a copy of the complaint was not served to him. It was a case where the appellant was denied the right to file a written statement in response to the consumer complaint. The National Consumer Dispute...

Chandigarh State Commission Holds 24 Seven Liable For Charging Extra Money For Promotional Carry Bags

The State Consumer Dispute Redressal Commission, U.T. Chandigarh bench of Justice Raj Shekhar Attri (President) and Mr Rajesh K. Arya (Member) held '24 Seven' liable for deficiency in service and unfair trade practice for charging money for carry bags, which had its official branding. It was held that all costs associated with delivering goods in a usable state, including packaging, must...

Complainant No Longer Remains 'Consumer' If Product In Dispute Is Sold Off: West Delhi District Commission

The District Consumer Disputes Redressal Commission-III, West Delhi bench of Ms Sonica Mehrotra (President), Ms Richa Jindal (Member) and Mr Anil Kumar Koushal (Member) reiterated that once the complainant no longer possesses the product which is subject matter to the complaint, the complainant loses the status of a 'consumer'. As a result, the complaint against “Godrej and Boyce”...

Supreme Court Seeks Centre's View On Whether Charitable Trust Is A “Consumer” Under Consumer Protection Act, 1986

The Supreme Court today (September 18) sought the assistance of Union of India through the Ministry of Consumer Affairs as a respondent in a case involving the issue whether a charitable trust can be considered a “consumer” under the Consumer Protection Act, 1986.The definition of “consumer” under Section 2(1)(d) of the 1986 Act includes any “person” who buys goods or avails...

Unjustified Repudiation Of Valid Claim, Bihar State Commission Holds Bajaj Allianz Life Insurance Co. Liable

The State Consumer Disputes Redressal Commission, Bihar bench comprising Justice Sanjay Kumar (president) and Mr Ram Prawesh Das (Member) held 'Bajaj Allianz Life Insurance Company' liable for wrongful repudiation of a valid life insurance claim, based on pre-existing diseases which were unrelated to the cause of the insured's death. The Insurance Company was directed to...

RERA Cases Weekly Round Up: September 9 to September 15

Maharashtra Real Estate Appellate Tribunal MahaREAT Finds MahaRERA's Dismissal Of Homebuyer's Complaint Incorrect, Directs Builder To Refund ₹4.5 Lakh Case – Mr. Jaikishan Udhav Lakhwani & anr Versus M/s. Kanakia Spaces Realty Private Limited Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Dr. K Shivaji...

Gujarat State Commission Holds Oriental Insurance Co. Liable For Wrongful Settlement Of Claim

The State Consumer Disputes Redressal Commission, Gujarat bench of Mr RN Mehta (Presiding Member) and Ms PR Shah (Member) held the 'Oriental Insurance Company Limited' liable for unjustifiably settling the claim at a lower value after deducting 75% of the insured's stock value, based on insufficient data. Brief Facts: The Complainant ran a manufacturing unit (“factory”) for...

Haryana RERA Directs Parsvnath Developers To Pay Delay Interest And Execute Conveyance Deed In Favour Of Homebuyer

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed Parsvnath Developers Limited, the builder, to pay delay interest and execute the conveyance deed in the favour of homebuyer. As per the agreement the builder was supposed to handover possession to the homebuyer by April 2011. A conveyance deed is a legal document that...

MahaREAT Dismisses Homebuyer's Application For Condonation Of 298-Day Delay In Filing Appeal

Maharashtra Real Estate Appellate Tribunal (Tribunal) Bench, comprising SS Shinde (Chairperson) and Dr. K. Shivaji (Technical Member), has dismissed the homebuyer's application for condonation of a 298-day delay in filing the appeal before the Tribunal. The homebuyer appealed the Maharashtra Real Estate Regulatory Authority (Authority) order dated October 27, 2021. According...

Kerala RERA Orders Builder To Pay ₹75,000 To Homebuyer For Failing To Provide Permanent Car Parking Slots

Kerala Real Estate Regulatory Authority (Authority), Adjudicating officer Bench, comprising KS Sarath Chandran (Adjudicating Officer), has directed the builder to compensate the homebuyer with ₹75,000 for failing to construct permanent car parking slots despite having collected the payment. Background Facts The Homebuyer (Complainant) is the owner of flat No. 8E on the 8th floor...