Consumer Cases Weekly Round Up: 8th To 14th January 2024

National Consumer Disputes Redressal Commission Supertech Realtor Held Liable For Delayed Possession: NCDRC Orders Complete Refund Along With 50,000/- As Costs The National Consumer Disputes Redressal Commission presided by Mr. Subhash Chandra as presiding member has allowed a consumer complaint against Supertech Realtor Pvt Ltd. for failing to deliver possession of a booked unit at 'Super Nova' project in Noida within the stipulated time frame despite receiving substantial payments from the complainants. The commission found that the delay in possession amounted to a deficiency in service, and as a result, directed Supertech Realtor Pvt Ltd. to refund the entire amount deposited by the complainants with simple interest at 9% per annum along with litigation costs of Rs. 50,000/- to the complainant. National Consumer Disputes Redressal Commission Metro Builders Held Liable For Unfulfilled Amenities: NCDRC Directs Completion Of Swimming Pool Within 3 Months, Impose Costs Of Rs 2 Lakh The National Consumer Disputes Redressal Commission bench comprising of Justice Ram Surat Ram Maurya as Presiding Member partly allowed a consumer complaint against Metro Builders (Orissa) for deficiencies in providing promised amenities in their "Metro Satellite City-I" project. The complaint, filed by 42 flat buyers, was regarding several unfulfilled commitments such as constructing a sewage treatment plant, club/auditorium, medical dispensary, swimming pool, gymnasium, open space, and indoor game space. The buyers alleged that despite collecting specified amounts for these facilities, several amenities were either incomplete or not provided. National Consumer Disputes Redressal Commission NCDRC Holds Godrej Properties Liable For Deficiency In Service The National Consumer Disputes Redressal Commission, headed by Subhash Chandra as President, held Godrej Properties liable for deficiency in service over refusal to refund the earnest money paid by the complainant, even following the cancellation of the purchase. Haryana Real Estate Regulatory Authority HRERA Affirms Allottee's Right To Refund In Case Of Delayed Possession, Orders Manglam Multiplex To Refund Earnest Money To Buyers The Haryana Real Estate Regulatory Authority, Gurugram bench comprising of Ashok Sangwan (Member) held Manglam Multiplex Private Limited liable for forfeiture of earnest money paid by the Complainants after the Complainants cancelled the booking for a unit in Section 65 of Gurugram. The bench directed it to refund the earnest money paid by the Complainant and reiterated the allottee's unequivocal and absolute right to seek a refund if the promoter fails to deliver possession within the stipulated time. Punjab State Consumer Disputes Redressal Commission Trade In Old Vehicle, Car Seller A Consumer: Punjab State Commission The Punjab State Consumer Disputes Redressal Commission, led by H.P.S. Mahal (Judicial Member) and Kiran Sibal (Member), overturned the decision of the District Commission. They sided with an appeal against Hyundai Motors and a connected seller regarding deficiency in service. Himachal Pradesh State Consumer Disputes Redressal Commission H.P. State Commission Allows SBI Appeal Against Customer's Plea Of Unauthorised Withdrawal From ATM The Himachal Pradesh State Consumer Disputes Redressal Commission bench led by Justice Inder Singh Mehta (President) allowed an appeal by the State Bank of India against the Complainant who alleged unauthorized withdrawals of Rs. 4 Lakhs from his savings bank account. The State Commission held that since the ATM Card remained in the Complainant's custody, it was his responsibility to use it cautiously and not share the secret PIN with anyone else. Himachal Pradesh State Consumer Disputes Redressal Commission H.P. State Commission Holds Ashok Leyland Dealer Personally Liable For Failure To Return Down Payment The State Consumer Disputes Redressal Commission, Himachal Pradesh bench comprising Justice Inder Singh Mehta (President) and Mr R.K. Verma (Member) held Simla Autozone, Parel, a dealer of Ashok Leyland Company, individually liable for failure to return/refund the down payment to the Complainant whose tipper exhibited several defects within the warranty period. The State Commission held that the relationship between Ashok Leyland and the Dealer was on a principal-to-principal basis, with the Dealer responsible for the down payment and possession of the Tipper. District Consumer Disputes Redressal Commission Kozhikode (Kerala) Heating And Battery Replacement Issues, Kozhikode District Commission Directs HP India To Pay Rs. 25k Compensation The District Consumer Disputes Redressal Commission Kozhikode (Kerala) bench comprising of P.C Paulachen (President), V Balakrishnan (Member) and Priya S (Member) held HP India liable for deficiency in service for selling a...

Consumer Cases Weekly Round Up: 8th To 14th January 2024

Apoorva Pandita

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