Consumer Cases Weekly Round- Up: 18th to 24th 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 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 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. State Consumer Disputes Redressal Commission, Bihar Allegations Of Forgery And Dispute On Existence Of Agreement, Bihar State Commission Directs To Approach Appropriate Forum The State Consumer Disputes Redressal Commission, Bihar bench comprising Miss Gita Verma (Judicial Member) and Md. Shamim Akhtar (Judicial Member) dismissed an appeal based on the complexity of the matter and the need for determination of factual intricacies. The complaint involved allegations of forgery and a dispute on the existence of the oral agreement between the concerned parties. The Complainant was set at liberty to pursue the matter with a Civil Court of appropriate jurisdiction. Karnataka State Consumer Disputes Redressal Commission Repudiation Of Fire Insurance Claim For Lose Wiring, Can't Be A Ground, Karnataka State Commission Allows Claim The Karnataka State Consumer Disputes Redressal Commission bench comprising Mr Ravishankar (Presiding Member) and Smt. Sunita Channabasappa Bagewadi (Member) held Oriental Insurance Company Limited liable for wrongful repudiation of a standard fire claim by citing the Claimant's negligence of lose wiring. The State Commission held that the root cause of the fire accident should not automatically lead to repudiation of the claim if the policy explicitly provided protection from fire accidents. Maharashtra Real Estate Regulatory Authority (MahaRERA) MahaRERA Orders Deregistration Of 'Nishuvi Rehab Phase' From RERA The Maharashtra Real Estate Regulatory Authority (MahaRERA) bench comprising of Justice Ajay Mehta (Chairperson), Mahesh Pathak (Member - I) and Ravindra Deshpande (Member - II), has ordered the deregistration of Nishuvi Rehab Phase from RERA after the builder failed to continue with the construction of the project. Himachal Real Estate Regulatory Authority (HPRERA) Himachal RERA Orders Full Refund , Rejecting Builder's Contention Of Deducting 10% Of The Flat's Cost As A Booking Charge The Himachal Real Estate Regulatory Authority (HPRERA) bench comprising of Justice Rajeev Verma, has granted the homebuyer a full refund of their investment by rejecting the builder's contention of deducting 10% of the flat's cost as a booking charge. Uttar Pradesh Real Estate Regulatory Authority (UPRERA) U.P. RERA Makes It Mandatory For Promoters To Prove Their Title of Project Land Uttar Pradesh Real Estate Regulatory Authority (UPRERA) has issued office order directing the promoters to ensure that they have legal title over the land on which they are applying for registration of the project. In case, the project land is not in the ownership of...

Consumer Cases Weekly Round- Up: 18th to 24th March, 2024

Apoorva Pandita

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