Allotments In Buyer's Name Despite Being An NRI Is Legal, Source Of Funds Irrelevant: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Sadhna Shanker (member), held that the origin of the funds used for payment is inconsequential if the allotments are made under the complainant's name, even if the complainant is an NRI. Brief Facts of the Case The complainant booked a flat from JHV Construction/builder for Rs....

Procedural Red Tape And Bureaucratic Delays Inadmissible As Reasons For Condonation Of Delay: NCDRC

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, dismissed an appeal by Hubli Electricity Company, citing that the mere presence of bureaucratic procedural delays and red tape cannot be accepted as a valid justification for the condonation of delay in filing an appeal/petition. Brief Facts of the Case Hubli Electricity Supply Company...

Alleged Delays By Surveyor/Insurer Not Grounds To Reject Repudiation: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker (member), held that insurance claims cannot be rejected by the insured solely because of supposed delays by the surveyor or the insurer . Brief Facts of the Case The complainant owned a factory manufacturing oil and oil cakes from cotton seeds. They had obtained a...

Compensation For Mental Pain And Agony Cannot Be Separate From Deficiency In Service: NCDRC

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held compensation for the same service deficiency cannot be given under multiple categories. Additionally, mental pain and agony are part of the service deficiency and there cannot be separate compensation for both. Brief Facts of the Case The complainant had an American Express credit card with...

RERA Cases Monthly Digest: May 2024

Maharashtra Real Estate Regulatory Authority Maharashtra RERA Releases Order Mandating Detailed Disclosure Of Amenities In Sale Agreements The Maharashtra Real Estate Regulatory Authority (MahaRERA) has released order mandating builders to disclose the details about the amenities to homebuyers that will be provided to them in the project in sale agreements.Maharashtra RERA...

Warranty On Commercial Purchases Does Not Make It A Consumer Transaction: NCDRC

The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and Sadhna Shanker(member), allowed an appeal from Telco Construction and overruled the state commission's order stating that the complainant did not qualify as a consumer only because they has received a warranty on a commercial purchase. Brief Facts of the Case The complainant, a private...

Builder Cannot Force Buyers To Accept One-Sided Contractual Terms In Builder-Buyers Agreements: NCDRC

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held Omaxe Ltd liable for deficiency in service due to influencing the buyer to sign one-sided-clauses in the builder-buyer agreement. Brief Facts of the Case The complainant booked a flat in Omaxe City's project by M/S Omaxe Ltd/builder and was allocated a specific unit. Despite the...

Consumer Cases Weekly Round-Up: 27th May To 2 June 2024

National Consumer Disputes Redressal Commission Rejection Of A Surveyor's Report Must Be Due To Arbitrariness: NCDRC Case Title: United India Insurance Co. Ltd Vs. M/S. Khadi Udhyog The National Consumer Disputes Redressal Commission, presided by Subhash Chandra, held that the surveyor's report in an insurance incident can only be rejected based on pervasiveness...

Insured Must Report All Details Accurately, Regardless Of Importance: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker (member), allowed an appeal by Aviva Life Insurance and held that the insured has a duty to fully disclose all information regardless of its material importance. Brief Facts of the Case The complainant's son had obtained a life insurance policy with a sum...

Insurance Premium Remains Unpaid If Cheque Not Encashed: NCDRC

The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and Sadhna Shanker(member), in an appeal against National Insurance Company, held that an insurance contract cannot be concluded if a cheque given as a premium has not been encashed. Furthermore it was held that a cheque not being encashed due to the insured's fault is similar to the premium not...

Consumer Protection Act Co-Exists With Other Statutes: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker (member), held that the Consumer Protection Act serves as a complementary measure alongside other laws and allows multiple legal remedies. It was further held that remedies under this act are supplementary to other legislatures. Brief Facts of the Case The Appellant...

Clauses In Builder-Buyer Agreement Cannot Override Consumer Commission's Jurisdiction: NCDRC Holds Emaar India Liable For Deficiency In Service

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker (member), held that the presence of an arbitration clause in the builder-buyer agreement cannot override the Jurisdiction of a Consumer Commission. Brief Facts of the Case The complainants booked a flat in the “The Views” project by Emaar India/builder for a total...