Consumer Cases Weekly Round Up: 17th-23rd June 2024

National Consumer Disputes Redressal Commission (NCDRC) Builder Cannot Force Buyer To Accept Possession After Significant Delays: NCDRC Holds Sushma Buildtech Liable For Deficiency In Service Case Title: Mahesh Gugnani Vs. M/S. Sushma Buildtech Limited Case Number: F.A. No. 347/2021 The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that builders cannot force buyers to accept possession after a significant delay. It was held that the buyer has the right to accept the delayed possession or seek compensation for it. NCDRC Holds Omaxe Chandigarh Liable For Deficiency In Service For Delay In Possession Case Title: M/S Omaxe Chandigarh Extension Developers Pvt. Ltd Vs. Pawan Kapoor Case Number: F.A. No. 1845/2018 The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that in a builder-buyer case, even if possession was offered, compensation should be calculated from the scheduled date to the date of actual possession, taking into account any legal obstacles or delays in obtaining the occupancy certificate. The Commission held Omaxe Chandigarh liable for deficiency in service due to a delay in handing over possession of the flat booked by the buyer. Corporative Hosuing, Contractual Property Price Is Binding In Nature, But Liable For Defects And Delay : NCDRC Case Title: The Punjab State Federation Of Cooperativehouse Building Societies Ltd. Vs. Hari Singh Case Number: F.A. No. 4/2019 The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker (member), held that consumer forums cannot arbitrate on pricing disputes since contractual property prices are binding in nature. It was held that pricing disputes come under contractual agreements and not a deficiency of service. Appellant's Dissatisfaction With Relief Granted Does Not Imply Error In Order: NCDRC Case Title: Shree Vinayak Co-Op HSG. Society Ltd. Vs. M/S. Karwa Developers Case Number: F.A. No. 521 /2017 The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra, held that an order from a lower forum cannot be deemed erroneous solely on the basis of dissatisfaction with the amount of relief granted. Insurer Cannot Impose Pension Plan If Not Opt For It At Maturity: NCDRC Holds Aditya Birla Sun Life Insurance Liable For Deficiency Of Service Case Title: Aditya Birla Sun Life Insurance Co. Ltd Vs. Ms. Anita Dahiya Case Number: R.P. No. 2691/2023 The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that an insurer cannot impose a pension plan on the insured if the plan hadn't been opted for at the maturity of the insurance policy. Doctors Not Negligent If Accepted Medical Procedure Fails: NCDRC Case Title: Ruchika Sharma Vs. Dr. Dorwal And Dental Hospital & Anr Case Number: R.P. No. 1837/2019 The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that a doctor cannot be held negligent merely because the result was a failure if the procedure adopted was acceptable to medical science at the time. Forfeiture Of Earnest Money In Case Of Default Should Be Reasonable: NCDRC Holds TDI Infrastructure For Deficiency In Service Case Title: TDI Infrastructure Vs. Bipin Gupta Case Number: F.A. No. 1117/2023 The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya and Bharatkumar Pandya (member), held that in case of default by the buyer, the forfeiture of the earnest money should be reasonable in nature. It was highlighted that according to set precedents, such forfeiture can only go up to 10% of the basic sale price. Burden Of Proof To Prove Manufacturing Defect Is On The Complainant: NCDRC Case Title: Randhir Singh Vs. M/S. Maharaja Auto Wheels (P) Ltd & Anr. Case Number: R.P. No. 3149-3150/2017 The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the burden of proof to prove a manufacturing defect is on the party who makes it. Additionally, it was held that an expert report is required to prove a manufacturing defect. Compensation Covers Actual And Expected Losses Along With Physical And Emotional Suffering: NCDRC Holds Chattisgarh State Electricity Board Liable For Deficiency In Service Case Title: Anirudh Kumar Gupta Vs. Junior Engineer, C.G. State Electricity Distribution Co. & Anr. Case Number: R.P. No. 2965/2017 The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that the quantum of compensation should be based on the facts and circumstances of each case and it should also cover physical and emotional suffering. Insurer's Liability Not Avoided By Driver's Unlicensed Status: NCDRC Case Title: United India Insurance...

Consumer Cases Weekly Round Up: 17th-23rd June 2024

Smita Singh

Tags