Consumer Cases Weekly Round-Up: 4th to 10th March, 2024

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 become non-functional due to these vacant posts. Bombay High Court Bombay High Court: Co-Promoters Are Also Liable To Pay Refund With Interest To Allottees In Case Of Delay Under Section 18 Of The RERA. Case: Wadhwa Group Housing Private Ltd V/s. Mr. Vijay Choksi and SSS Escatics Pvt. Ltd The Bombay High Court bench, comprising of Justice Sandeep V. Marne, has held that promoters who are part of a real estate project but haven't received any consideration from the allottee will still be classified as “Promoters” under Section 2(zk). Consequently, they will be liable to refund the amount with interest to the allottees under Section 18 of the Real Estate (Regulation and Development) Act, 2016. Competition Commission of India Personal Disputes Not Covered Under Abuse Of Dominance, CCI Dismisses Complaint Against New Okhla Industrial Development Authority Case Title: Vivek Gupta vs New Okhla Industrial Development Authority The Competition Commission of India bench comprising Ms Ravneet Kaur (Chairperson), Mr Anil Agrawal (Member) and Ms. Sweta Kakkad (Member) dismissed an Information submitted against New Okhla Industrial Development Authority (Noida) alleging abuse of dominance in the relevant market of sales/auctions or allotting residential plots. The Commission held that the matter seemed to be more of a dispute between the Informant and the Opposite Party, rather than an instance of the abuse of dominant position. Competition Commission of India Several Other Competitors In Relevant Market And Lack Of Informant's Dependence, CCI Dismisses Complaint Against Talk Charge Technologies The Competition Commission of India bench comprising Ravneet Kaur (Chairperson), Anil Agrawal (Member), Sweta Kakkad (Member) and Deep Anurag (Member) dismissed a complaint against Talk Charge Technologies Pvt. Ltd. with the allegation of abuse of a dominant position in the relevant market for digital payment platforms in India. The Commission held that within this market, there were several service providers, both domestic and global, indicating a competitive landscape. Further, there was a lack of evidence showing that the Informant was solely dependent on Talk Charge technologies. Maharashtra Real Estate Appellate Tribunal MahaREAT: Rights Of Allottees Under Section 18 Is Unconditional & Absolute, Regardless Of Unforeseen Events Beyond Control Of Promoter Case: Neelkamal Realtors Suburban Pvt. Ltd vs Mrs. Regina D'Costa Maharashtra Real Estate Appellate Tribunal ('Tribunal') bench comprising of Justice Shriram R. Jagtap (Judicial Member) and DR. K. Shivaji (Technical Member) has held that rights of allottees under Section 18 to seek refund/ claim interest for delay is unconditional & absolute, regardless of unforeseen events and factors beyond control of Promotor. Maharashtra Real Estate Appellate Tribunal (Tribunal) MahaREAT: Section 18 Of RERA Applies Even If There Is No Written Express Agreement For Sale Between The Allottee And Promotor Case: Sachin Tomar And Shivaji Tomar Vs Ensaara Metropark Luxora Infrastructure Pvt, Ltd. The Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Justice Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that a written expressed agreement for sale is not a requirement for the allottee to avail the rights stipulated under Section 18 of the RERA. Instead, what matters more is the intention of the parties, not the nomenclature of the document. Maharashtra Real Estate Appellate Tribunal (Tribunal) MahaREAT: Despite The Allotment Letter Issued During The MOFA Regime, The Registered Project Will Still Be Covered Under RERA Case: Sachin Tomar And Shivaji Tomar Vs Ensaara Metropark Luxora Infrastructure Pvt, Ltd. The Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Justice Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that even if the allotment letter has been issued to allottees under the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management, and transfer) Act, 1963 (MOFA), the real estate project will still be covered under the Real Estate (Regulation and Development) Act, 2016 (RERA) if the real estate project has been registered under RERA. Maharashtra Real Estate Appellate Tribunal MahaREAT: The Pre-RERA Agreement For Sale Falls Within The Purview Of The Real Estate (Regulation And...

Consumer Cases Weekly Round-Up: 4th to 10th March, 2024

Apoorva Pandita

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