Consumer Cases Weekly Round-Up: 24th To 30th June 2024

National Consumer Disputes Redressal Commission Builder Can Only Forfeit 10% of Basic Sale Price In Case Of Breach Of Contract: NCDRC Case Title: Mohd. Naiem Khan Vs. M/S. Maliha Realtor Pvt. Ltd The National Consumer Disputes Redressal Commission, presided by Dr. Sadhna Shanker, held that the amount forfeited due to a breach of contract should be fair and justifiable. In the instant case, the commission ruled that the builder can only forfeit 10% of the deposited amount and has to refund the remaining balance to the buyer. National Consumer Disputes Redressal Commission Appeal Before Higher Forum Must Align With Relief Initially Sought At Lower Forum: NCDRC Case Title: Devendra Kumar Goel Vs. M/S. Pearls Infrastructure Projects Limited The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, dismissed an appeal against Pearl Infrastructure, citing that the relief sought in the appeal differed from the original complaint, rendering it unsustainable. National Consumer Disputes Redressal Commission Agent's Role In Insurance Claim Is Limited To Forwarding Claim To Insurer: NCDRC Case Title: GTFS Multi Services Ltd. Vs. Smt. Pravati Behera The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that an agent's liability in the insurance claim process is confined to the facilitation and forwarding of claims to the insurer. Once this role is fulfilled, they cannot be held liable for any deficiencies or delays in the claim settlement process, which are the insurer's responsibility. National Consumer Disputes Redressal Commission Expert Opinion Or Government Inspection Required To Substantiate Manufacturing Defect Claim: NCDRC Case Title: M/S. Emtex Machinery Pvt. Ltd. Vs. M/S. M.I.C Engineers Pvt. Ltd. The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that as per Section 13(1)(c) of the Consumer Protection Act, an expert opinion or government inspection is required to substantiate a manufacturing defect. National Consumer Disputes Redressal Commission Consumer Fora Needs To Adequately Examine A Surveyor's Report To Reject It: NCDRC Case Title: Oriental Insurance Co. Ltd Vs. M/S. Buildmet Fibres Pvt. Ltd The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya, held that to reject a surveyor's report in an insurance claim, the commission must adequately examine the report. National Consumer Disputes Redressal Commission Burden Of Proof On Insurer To Show Applicability Of Exclusion Clause: NCDRC Case Title: Liberty Videocon General Insurance Company Ltd. Vs. Uma Bai Dhankar The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held Liberty Videocon General Insurance liable for deficiency in service for repudiating an insurance claim citing the presence of an exclusion clause in the agreement. It was held that in case of the presence of an exclusion clause, the burden to prove it lies on the insurer. National Consumer Disputes Redressal Commission Revision Petition, NCDRC Can't Interfere With Lower Fora's Order Unless Clear Error In Law: NCDRC Case Title: Prabu Herbert Samuel (Civil Engineer) Vs. R. Rajammal The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the revisional jurisdiction of the National Commission is limited in scope and cannot interfere with the lower fora's order unless there is a clear error in law or procedure. National Consumer Disputes Redressal Commission Reasonable Period To Offer Possession Is Three Years If Not Specified In Agreement: NCDRC Case Title: Mrs. Nutan Aggarwal Vs. M/S Purearth Infrastructure Ltd. The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya, held Purearth Infrastructure liable for deficiency in service due to delay in possession of the booked flat, citing a lack of possession date in the agreement. National Consumer Disputes Redressal Commission Surveyors Should Adhere To Code Of Conduct And Report Should Not Be Arbitrary: NCDRC Case Title: Universal Sompo General Insurance Company Limited Vs. M/S. Ujala Plastic & Case Company The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, dismissed an appeal by Universal Sompo General Insurance and held that a surveyor's report for an insurance claim should adhere to the code of conduct and shouldn't be arbitrary in nature. National Consumer Disputes Redressal Commission Handing Over Possession To Third Party Without Buyer's Consent Is Deficiency In Service: NCDRC Case Title: M/S. Maya Realtors Pvt. Ltd. Vs. T.P. Ghosh The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held Maya Realtors liable for deficiency in service due...

Consumer Cases Weekly Round-Up: 24th To 30th June 2024

Apoorva Pandita

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