Consumer Cases Weekly Round-up: 11th to 17th March 2024

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.Tamil Nadu Real Estate Appellate Tribunal TNREAT Orders Hiranandani Realtors To Register The Entire Township Project Under RERA As One Unit Case Title: M/Hiranandani Realtors Private Limited vs Hiranandani Amalfi Owners Association The Tamil Nadu Real Estate Appellate Tribunal (Tribunal) bench, comprising of Justice M. Duraiswamy (Chairperson) and R. Padmanabhan (Judicial Member), has ordered Hiranandani Realtors to register the entire Township project, which includes many high-rise buildings, under The Real Estate Regulatory Authority (RERA) as one unit. Furthermore, Tribunal has also ordered Hiranandani Realtors to return 70% of the total corpus fund and all documents related to the township project to the allottees association.District Consumer Disputes Redressal Commission–X, Delhi Persisting Defects in Lancers Cedia Car Despite Service, Delhi District Commission Holds Excel Motors Liable Case Title: M/s Capital Builders vs Mitsubishi Motors Corporation The District Consumer Disputes Redressal Commission–X, Delhi bench comprising Monika Aggarwal Srivastava (President), Dr Rajender Dhar (Member) and Ritu Garodia (Member) held Excel Motors, Mitsubishi's authorised Service Centre liable for deficiency in services for failure to repair the vehicle despite Complainant paying Rs. 3,44,000/-. The bench directed the service centre to refund Rs.3,44,000/- to the Complainant and pay a compensation of Rs. 25,000/- along with Rs. 5,000/- for the litigation.District Consumer Disputes Redressal Commission, Jodhpur-II Seat Filled With Dirt, No Safety Vest Provided, Jodhpur District Commission Holds Spice Jet Liable For Deficiency In Service The District Consumer Disputes Redressal Commission, Jodhpur-II bench comprising Dr Shyam Sundar Lata (President) and Afsana Khan (Member) held Spice Jet liable for deficiency in services of providing seat filled with dirt and no safety vest with the Complainant's seat. The bench directed Spice Jet to pay a compensation of Rs.15,000/- to the Complainant along with Rs.5,000/- for the litigation costs.District Consumer Disputes Redressal Commission-II, U.T. Chandigarh Chandigarh District Commission Holds Turkish Airlines Liable For Failure To Refund Amount For Cancelled Flight During Covid-19 Case Title: Annie Gupta vs Turkish Airlines and Anr. The District Consumer Disputes Redressal Commission-II, U.T. Chandigarh bench comprising Amrinder Singh Sandhu (President) and BM Sharma (Member) held Turkish Airlines liable for deficiency in services and unfair trade practices for failing to refund the full amount of the ticket which was cancelled due to the Covid-19 pandemic and the subsequent lockdown imposed by the Government of India. The bench directed the airline to refund the remaining balance amount of Rs. 2315/- to the Complainant and pay compensation of Rs. 10,000/- to the Complainant.Uttar Pradesh Real Estate Regulatory Authority (UPRERA) UPRERA Issues New Standard Operating Procedure For Withdrawal Of Project Registration Title: Letter 2809/UPRERA/ 2023-2024 Uttar Pradesh Real Estate Regulatory Authority (UPRERA) has released a new Standard Operating Procedure (SOP) for withdrawal of project registration. The SOP has been released to meet the demands of those promoters who fail to continue...

Consumer Cases Weekly Round-up: 11th to 17th March 2024

Smita Singh

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