Consumer Cases Monthly Round-Up: March 2024

Ministry of Housing and Urban Affairs (MOHUA) The Ministry Of Housing And Urban Affairs Releases Report On The Implementation Status Of The Real Estate (Regulation & Development) Act The Ministry of Housing and Urban Affairs (MOHUA) has released the implementation status report of the Real Estate (Regulation & Development) Act, 2016, commonly known as RERA, in India. This legislation, which came into effect on May 1, 2017, aims to protect homebuyers and promote investments in the real estate industry by establishing a Real Estate Regulatory Authority (RERA) in each state for the regulation of the real estate sector and acting as an adjudicating body for speedy dispute resolution. National Consumer Disputes Redressal Commission Loss Of Vision In One Eye Due To Undiagnosed Malignancy In Optic Nerve, NCDRC Upholds Order Against Superb MRI & C.T. Scan The National Consumer Disputes Redressal Commission (NCDRC), New Delhi bench comprising Mr Justice A.P. Sahi (President) upheld the Chandigarh State Commission's order against Superb MRI and C.T. Scan, a diagnosis and scanning centre, which furnished an incorrect MRI Scan which led to delayed treatment, resulting in the loss of vision in the Complainant's left eye, attributed to an undiagnosed malignant growth in the optic nerve. The appeal filed by the Scanning Centre was dismissed. National Consumer Disputes Redressal Commission (NCDRC) National Consumer Commission Holds Janak Surgicare Liable For Deficiency In Service For Causing The Death Of A Patient During A Surgical Procedure The National Consumer Disputes Redressal Commission, presided by Justice Karuna Nand Bajpayee, held that although medical professionals are not required to maintain the utmost skill levels at all times, they are still required to offer a reasonable standard of skill and care. National Consumer Disputes Redressal Commission (NCDRC) Insurance Survey Reports Do Not Hold Ultimate Authority And Can Be Disregarded If They're Arbitrary In Nature: National Consumer Commission The National Consumer Disputes Redressal Commission, presided by Subhash Chandra And Sadhna Shanker, held New India Assurance liable for deficiency in service due to the denial of an insurance claim over an arbitrary survey report. National Consumer Disputes Redressal Commission (NCDRC) Damages Involving Motor Vehicles Must Be Adjudicated By Motor Accident Claim Tribunal, Consumer Forums Do Not Have Jurisdiction: NCDRC The National Consumer Disputes Redressal Commission (NCDRC) bench comprising Mr Justice Sudip Ahluwalia (Presiding Member) reiterated that Consumer Fora do not have the jurisdiction to entertain claims/damages involving motor vehicles. Such claims could only be adjudicated by the Motor Accident Claim Tribunal (MACT) by virtue of Section 165 of the Motor Vehicles Act. National Consumer Disputes Redressal Commission (NCDRC) Booking Commercial Space For Self-Employment Business Deemed As Commercial Purpose : National Consumer Commission The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya (presiding member) and Bharatkumar Pandya(member), in a complaint against MVL Holding Ltd ruled that commercial space booked for doing business by way of self-employment comes under the definition of commercial purpose. The complaint was dismissed on the aforementioned ground. National Consumer Disputes Redressal Commission (NCDRC) Only Procedural Aspects Or Clerical Mistakes Can Be Corrected After The Judgment Is Pronounced: National Consumer Commission The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya (presiding member) and Bharatkumar Pandya(member), in a case against Jalandhar Improvement Trust, held that after a judgment is pronounced, the commission becomes functus officio (having performed the office), and it cannot be modified to award a higher penal interest and additional compensation. High Court of Bombay Bombay High Court : Questions On Concession By Party Before Maha RERA, Correct Approach Is To First File Review Before RERA Than Appeal To Maha REAT The Bombay High Court bench, comprising of Justice Sandeep V. Marne, has held that it is improper for a homebuyer to appeal before the Appellant Tribunal (MahaREAT) claiming that a concession recorded by the Authority (MahaRERA) was erroneous, without first filing an application before MahaRERA to review the order. Karnataka High Court Karnataka HC Directs State Government To Appoint Chairperson And Members To Karnataka Real Estate Appellate Tribunal Case: Sri Mathew Thomas V/S State of Karnataka The Karnataka High Court bench comprising of Justice M. Nagaprasanna has directed the State government of Karnataka to expeditiously appoint chairperson and members to Karnataka Real Estate Appellate Tribunal (REAT), which has...

Consumer Cases Monthly Round-Up: March 2024

Apoorva Pandita

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