Consumer Cases
Flat Possession Offered Without Completion & Firefighting Certificates : Supreme Court Asks Developer To Compensate Buyer
In a recent case, the Supreme Court directed the Agra Development Authority(ADA) to grant compensation to the tune of Rs. 15 Lakhs to a flat buyer over a deficiency in service caused by the developer in offering the possession of the flat without requisite completion certificate and firefighting clearance certificate.The absence of these documents unquestionably vitiates the offer of...
Karnataka RERA Directs Mantri Developers To Pay 42 Lakh Rupees To Homebuyer As Interest For Delayed Possession
Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member), has directed Mantri Developers, the builder, to pay 42.87 lakh rupees to the homebuyer as interest for the delay in handing over possession of the flat. According to the agreement, the builder was supposed to hand over possession by March 2017. Background Facts The homebuyer (Complainant)...
MahaREAT Finds MahaRERA's Dismissal Of Homebuyer's Complaint Incorrect, Directs Builder To Refund ₹4.5 Lakh
Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Dr. K Shivaji (Technical Member), holds Maharashtra Real Estate Regulatory Authority (Authority) dismissal of the homebuyer's complaint incorrect and directed the builder to refund ₹4.5 lakh received for the issuance of No Objection Certificate (NOC) for transfer of the flat...
Insurer Cannot Dismiss Claim Based On Mere Speculation: NCDRC Holds United India Insurance Liable For Deficiency In Service
The National Consumer Disputes Redressal Commission, presided by Justice Sudip Ahluwalia, held that the insurer cannot reject a legitimate claim by the insured based on mere speculation. Brief Facts of the Case The Complainant insured 400 trolleys of Mustard Husk for Rs. 21,00,000 with the United India Insurance/insurer and paid a premium of Rs. 12,514. After a fire, the...
RERA Monthly Round Up: August 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.,...
Medical Professionals Must Adopt Reasonable Methods Of Treatment, Despite Availability Of Different Medical Approaches: NCDRC
The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya and Mr Bharatkumar Pandya, held that even though different methods of medical treatment are permissible, a medical professional must ensure that their approach remains reasonable. Brief Facts of the Case The complainant alleged that Fortis Escorts Heart Institute & Research Centre...
Refunded Amount Should Be Paid From Date Of Deposit To Ensure Restitution: NCDRC
The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM J. Rajendra, held that the refunded amount should be paid from the date of deposit and should be both restitutionary and compensatory. Brief Facts of the Case The complainant booked a flat with the Punjab Urban Planning & Development Authority/developer and paid ₹3,00,000 as...
Compensation Should Be Both Compensatory And Restitutionary: NCDRC
The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that compensation should serve both to reimburse for losses and to restore what was lost, with 9% interest considered reasonable. Brief Facts of the Case The complainant had entered into two agreements with the developer and the landowners for purchasing a flat and a...
Insurers Cannot Make Unilateral Changes In Policy Terms During Renewal: NCDRC Holds New India Assurance Liable For Deficiency In Service
The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya and Mr Bharatkumar Pandya, held that insurers cannot unilaterally change policy coverage during renewal without the complainant's consent. Brief Facts of the Case The complainant, a partnership firm named Aaditya International, engaged in fabric dyeing and printing, had two insurance...
Delay Compensation Should Be Given In Addition To Already Pre-existing Compensation In Builder- Buyer Agreements: NCDRC
The National Consumer Disputes Redressal Commission, presided by Dr Inder Jit Singh, held Raheja Developers liable for deficiency in service. It was held that delay compensation at 6% per annum should be given in addition to any compensation already outlined in the Builder-Buyer Agreement. Brief Facts of the Case The complaint was filed jointly by 11 complainants who booked units...
Intermediary Can Be Held Liable For Refunding Customers: NCDRC Holds Goibibo Liable For Deficiency In Service
The National Consumer Disputes Redressal Commission, presided by Dr Inder Jit Singh, held that an intermediary is not simply a facilitator but also earns a commission, implying a responsibility to manage refunds for cancelled bookings. Brief Facts of the Case The complainants booked flight tickets through Goibibo for travel from New Delhi to Edmonton and back, paying Rs. 1,29,860...
Insurer's Reliance On Clause Without Evidence Constitutes Deficiency In Service: Ernakulam District Commission
The Ernakulam District Commission, presided by Shri. D.B. Binu, Shri. V. Ramachandran and Smt. Sreevidhia T.N., held Oriental Insurance liable for deficiency in service due to the denial of a legitimate claim by the insured. Brief Facts of the Case The complainant, insured under a Happy Floater Mediclaim Policy by Oriental Insurance, had his claim partially settled by the insurer....