Consumer Cases
Consumer Cases Weekly Round-Up: 1st to 7th July,2024
Orissa High Court Consumer Commission Has No Jurisdiction To Entertain Matters Coming Under Purview Of SARFAESI Act: Orissa High Court Case Title: The Chief Manager-cum-Authorized Officer, Union Bank of India, Jharsuguda v. Rajesh Kumar Agrawal & Anr. The Orissa High Court has held that the Consumer Commissions do not have jurisdiction to entertain any suit or proceeding...
Delay In Handing Over Possession, Karnataka RERA Directs Ozone Urbana Infra Developers To Refund 82 Lakhs To Homebuyer
Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N Raju (Member), has directed the builder, Ozone Urbana Infra Developers, to refund Rs. 82 lakhs to the homebuyer after the builder failed to provide possession of the flat on time. According to the agreement, the builder promised to provide possession by June 2023. Background Facts The...
Delay Of More Than 8 Years In Providing Possession Of Land, Punjab RERA Orders Interest To Complainant
Punjab Real Estate Regulatory Authority (Authority) bench, consisting of Malwinder Singh Jaggi (Member), has directed Altus Space Builders Pvt. Limited, the builder to pay interest to the complainant for the 8-year delay in handing over possession of the plot. Background Facts On 30.01.2013, the Complainant booked a plot in the builder's (Respondent) residential project named...
Gujarat RERA Treats Godrej Properties As Promoter Of Green Glades Project, In A Joint Venture Project
Gujarat Real Estate Regulatory Authority (Authority) bench, comprising MA Gandhi (Member) and Dr. MD Modiya (Member), has held Godrej Properties as the promoter of the Green Glades Project, where Godrej was responsible for marketing, advertising, and selling the project. Background Facts The Homebuyer (Complainant) booked a flat in the Builder's (Respondent No. 1) project...
NCDRC Holds Oriental Insurance Liable For Deficiency In Service While Holding That Filing Two Claims For Same Occurrence Is Unsustainable
The National Consumer Disputes Redressal Commission, presided by Dr. Sadhna Shanker, held that two separate claim forms cannot be filed by the insured for the same occurrence as they do not change the nature of the occurrence and loss. Brief Facts of the Case The complainant company, which was involved in bridge construction, secured a “Contractors All Risk Insurance...
Delay In Handing Over Possession, Karnataka RERA Directs Ozone Infra Developers To Pay Interest And Hand Over Possession To Homebuyer
Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N Raju (Member), has directed Ozone Infra Developers Private Limited, the builder, to pay interest to the homebuyer for their failure to hand over possession of the flat on time and to hand over possession to the homebuyer. Background Facts On May 15, 2019, the homebuyer (complainant) purchased a...
Consumer Forums Do Not Have Jurisdiction To Entertain Complaints Of Pending Electricity Bills Under Electricity Act, 2003: Bihar State Commission
The State Consumer Disputes Redressal Commission, Bihar bench of Miss Gita Verma (Judicial Member) and Md. Shamim Akhtar (Judicial Member) held that consumer forums cannot entertain complaints filed by a consumer or any person against the assessment made under Section 126 or action taken under Sections 135-140 of the Electricity Act, 2003 Brief Facts: The...
Failure To Replace Defective Television, Provide Refund, Ernakulam District Commission Holds Amazon and Cloudtail Liable
The District Consumer Disputes Redressal Commission, Ernakulam (Kerala) bench of Shri DB Binu (President), Shri V. Ramachandran (Member) and Smt. Sreevidhia T.N. (Member) held Cloudtail India Pvt. Ltd. and Amazon liable for delivering a defective television and failing to replace it or provide a refund. Brief Facts: The Complainant alleged that Cloudtail India Pvt. Ltd....
Non-Standard Basis Of Insurance Claim Is Fair If Breach Has Occured From Both Parties: NCDRC
The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the justification of an insurance claim on a non-standard basis is deemed fair when breaches have occurred from both parties. Brief Facts of the Case The complainant's husband insured his vehicle, financed by Indusind Bank with Cholamandlam Insurance/insurer before his death.Following...
Uttar Pradesh State Commission Holds LIC Liable For Wrongful Repudiation Of Valid Claim
The State Consumer Disputes Redressal Commission, Uttar Pradesh bench of Mr Sushil Kumar (Presiding Member) and Mrs Sudha Upadhyay (Member) held 'Life Insurance Corporation of India' (LIC) liable for wrongfully repudiating a genuine insurance claim based on the policyholder's failure to avail the accidental coverage after attaining majority by paying an additional amount. It was held...
MahaRERA Directs Commercial Developers To Form Cooperative Society And Execute Conveyance Deeds In Favor Of Homebuyers
Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Ajoy Mehta (Chairperson), has directed M/s. commercial developers, the builder to form cooperative society and execute conveyance deeds in favor of homebuyers. Background Facts The Complainant, an association of homebuyers in the builder's (Respondent) project named Chandra Darshan Heights, entered into...
Telangana RERA Imposes 4 Lakh Penalty On Builder For Failing To Install Elevator
Telangana Real Estate Regulatory Authority (Authority) bench, comprising Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member), imposed a ₹4 lakh penalty on M/s Abhi Constructions for failing to install the elevator. Additionally, the Authority directed the builder to fix the structural defects arising from...