Consumer Cases
Why Ask Lawyers To File Physical Copies In Addition To E-Filed Copies? Supreme Court Asks NCDRC
The Supreme Court on Tuesday (August 20) verbally observed that asking advocates to file physical copies of their appeals/applications at the National Consumer Disputes Redressal Commission (NCDRC) in addition to virtual filing would defeat the purposes of e-filing.The bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra was hearing a petition seeking efficient...
Consumer Cases Weekly Round-Up: 12th to 18th August 2024
National Consumer Disputes Redressal Commission 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. Case Title:...
Purchaser Classified As Consumer If Dominant Purpose Is Personal Use : NCDRC
The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that the mere employment of a few persons does not alter the nature of self-employment in a commercial venture. Brief Facts of the Case The complainant booked an office space in the “Logix Technova” project developed by Vipul IT Infrassoft Ltd/developer in Noida. The agreement...
Maharashtra RERA Orders Deregistration of Project Godrej Alive A, B, C, and E
A bench of the Maharashtra Real Estate Regulatory Authority (Authority), comprising Ajoy Mehta (Chairperson), Mahesh Pathak (Member I) and Ravindra Deshpande (Member II), has directed the deregistration of four projects named Godrej Alive A, B, C, and E. The deregistration application was opposed by Godrej Properties Ltd, which acted as the development manager for...
Haryana RERA Orders Imperia Structures To Pay Interest To Homebuyer For Delayed Possession
Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/s Imperia Structures Limited, the builder, to pay interest to the homebuyer of The Esfera project located at Sector 37C, Gurugram, for the delay in handing over possession. According to the apartment buyer agreement, the builder was supposed to hand over possession of the flat...
Maharashtra REAT – Builder Not Entitled To Forfeit Money Paid By Homebuyer As Part Payment Of Consideration
While directing M/s. Godrej Properties Limited (Builder) to refund Rs. 73,57,978 to the homebuyer, the Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Shrikant M. Deshpande (Technical Member), held that the builder is not entitled to forfeit the money paid by the homebuyer as part of the consideration. Background...
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...