Consumer Cases
Deciding Time-Barred Consumer Complaints Is Illegal, Uttarakhand State Commission Sets Aside Order Against Shriram General Insurance Co.
The State Consumer Disputes Redressal Commission, Uttarakhand bench of Ms Kumkum Rani (President) and Mr B.S. Manral (Member) held that deciding a time-barred complaint on merits would be illegal and consumer fora must assess the limitation period before admitting the complaint. The order of the Haridwar District Commission was set aside for deciding a time-barred complaint...
West Bengal State Commission Holds Canon India Liable For Deficiency In Service,Directs To Replace Camera
The West Bengal State Commission, presided by Mr. Subhra Sankar Bhatta and Mr. Nityasundar Trivedi, overturned a decision by the District Commission and held Canon India liable for deficiency in service for not providing free repair service within warranty period. It was also held the District Commission erred in its judgement by drawing conclusions contrary to the evidence...
Delhi State Commission Holds Emaar MGF Liable For Failure To Deliver Flat Within Stipulated Time
The State Consumer Disputes Redressal Commission, Delhi bench comprising Justice Sangita Dhingra Sehgal (President) and Mr J.P. Agrawal (Member) held 'Emaar MGF Land Ltd.' liable for deficiency in service for failure to deliver possession of a flat within the stipulated time. Emaar was also held liable for arbitrarily cancelling the flat and forfeiting the amount paid by...
Consumer Cases Half-Yearly Digest: January To June 2024
Supreme Court Medical Negligence | Supreme Court Awards Rs 10 Lakh Compensation To Patient Who Developed Hoarseness In Voice After Trainee Gave Anaesthesia Case Title: J. DOUGLAS LUIZ (SINCE DECEASED) THROUGH LEGAL REPRESENTATIVES VERSUS MANIPAL HOSPITAL | CIVIL APPEAL NO.1700 OF 2024 Citation: 2024 LiveLaw (SC) 134 The Supreme Court recently awarded Rs. 10 lakhs...
Himachal Pradesh State Commission Holds Shriram General Insurance Co. Liable For Wrongful Repudiation Of Claim
The State Consumer Disputes Redressal Commission, Himachal Pradesh bench comprising Justice Inder Singh Mehta (President) held 'Shriram General Insurance Company' liable for repudiating a personal accidental claim based on the fact that the insured owner was not himself driving the vehicle at the time of the accident. It was held that the policy insured the deceased owner and he was...
Chandigarh State Commission Holds Swiggy Liable For Unilateral Deduction Amount For Undelivered Products
The State Consumer Disputes Redressal Commission, U.T. Chandigarh bench of Justice Raj Shekhar Attri (President) and Mr Preetinder Singh (Member) held Swiggy liable for unilateral deduction of half amount for undelivered products during the COVID-19 pandemic. It was held that while it was not liable for delivery disruptions given the special pandemic circumstances, the deduction of...
Bihar State Commission Holds Bajaj Allianz Life Insurance Liable For Wrongful Repudiation Of Valid Claim
The State Consumer Disputes Redressal Commission, Bihar bench of Ms Gita Verma (Presiding Member) and Md. Shamim Akhtar (Judicial Member) held 'Bajaj Allianz Life Insurance Company' liable for wrongful repudiation of a valid claim based on the non-disclosure of a pre-existing illness. It was held that the Insurance Company failed to discharge the burden of proof that the deceased...
Haryana RERA Orders Raheja Developers To Pay Interest To Homebuyer For Delayed Possession
Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/s Raheja Developers Limited, the builder, to pay interest to the homebuyer for the delay in handing over possession. The homebuyer had purchased a flat in the Raheja Revanta project and was expecting possession by February 2017. Background Facts The...
Delay Of 4 Years In Offering Possession, Punjab RERA Orders Builder To Pay Compensation To Homebuyer For Mental Agony
Punjab Real Estate Regulatory Authority (Authority) bench, consisting of Balbir Singh (Adjudicating Officer), has directed M/s Sushma Buildtech Limited, the builder, to compensate the homebuyers for the mental agony and harassment endured due to a four-year delay in offering possession. Background Facts The homebuyers (Complainants) jointly booked a flat in the...
Haryana RERA Upholds Emaar India's Termination Of Flat Booking After Homebuyer Failed To Make Timely Payments
Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), upheld M/s Emaar MGF Land Ltd., the Builder termination of the flat booking after the homebuyer failed to fulfill timely payment obligations. The homebuyer had booked a flat in the builder's Palm Gardens Project and paid 13 lakhs out of the total cost of...
MahaRERA Orders Gaurang Associates To Pay Interest To Homebuyer, Rejects Health Issue Of Builder As Force Majeure Event
While rejecting the builder's claim that the delay in possession was due to the builder's health issue, Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Chairperson), directed Gaurang Associates to pay interest to the homebuyer for the delay in handing over possession of the flat. Additionally, the Authority held that the health issue does not...
Haryana RERA Upholds Cancellation Of Flat's Booking, Orders Builder To Refund After Deducting 10% Of The Basic Sales Price
Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has upheld builder's cancellation of the homebuyer's flat booking after the homebuyer failed to make timely payments. Additionally, the Authority directed builder to refund the amount paid by the homebuyer after deducting 10% of the total basic sales price of...