Consumer Cases
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...
Insurance Contracts Imply Duty Of Disclosure By Insured: NCDRC
The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that insurance contracts imply a duty of disclosure, and the contracts are voidable at the option of the insurer in case of concealment of information. Brief Facts of the Case The complainant's wife took out a policy under 'Jeevan Anand' from Life Insurance Corporation/insurer, with a sum...
Revisional Jurisdiction Is Confined To Specific Legal Parameters: NCDRC
The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the revisional jurisdiction of the National Commission is confined to specific legal parameters and should only be exercised in cases of jurisdictional errors or material irregularities. Brief Facts of the Case The complainant, M/s. Pink Pearl Laser and Amusement Private Limited had...
Insurer Cannot Rely On Exclusion Clause If Reason For Rejection Is Not Specified: NCDRC
The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held National Insurance Company liable for deficiency in service and held that the Insurer cannot rely on the exclusion clause of the policy for a defense if the reason for rejection is not specified. Brief Facts of the Case The complainant's daughter-in-law had purchased a medi-claim...
Buyers Entitled To Refund With Interest In Case Of Delay In Handing Over Possession: NCDRC
The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya, held Assotech Developers liable for deficiency in service due to delay in handing over possession of the booked flat. It was also held that buyers cannot be made to wait indefinitely for the delivery of possession. Brief Facts of the Case The complainant booked a flat with...
Rejecting Claims On Purely Technical Grounds Undermines Trust In Insurance Industry: NCDRC
The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held HDFC Insurance liable for deficiency in service and held that dismissing claims solely on technicalities undermines confidence in the insurance industry. Brief Facts of the Case The complainant insured his tractor with HDFC General Insurance/insurer and reported that his tractor broke down...