Consumer Cases Weekly Round- Up: 18th to 24th March, 2024
Apoorva Pandita
26 March 2024 3:30 PM GMT
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....
Ministry of Housing and Urban Affairs (MOHUA)
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
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
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
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
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
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)
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 the promoter but in the ownership of some other person or persons, the promoter must have the consent of such landowner for the development of the proposed project and must have a registered joint development agreement to this effect with the landowner. RERA has also directed the promoters to file an affidavit to the effect that the project land is free from encumbrances and to disclose the same if there is any encumbrance on the land of the project.
Telangana Real Estate Regulatory Authority (TSRERA or Authority)
Telangana RERA: Only The Aggrieved Party Can Approach RERA
The Telangana Real Estate Regulatory Authority (TSRERA or Authority) bench comprising of Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member) rejected the complaint of a person who was neither an allottee, a real estate agent, nor a landowner, holding that only the aggrieved party can approach RERA under section 31 of the Real Estate (Regulation and Development) Act, 2016.
Rajasthan Real Estate Regulatory Authority (RJRERA)
The Rajasthan Real Estate Regulatory Authority (RJRERA) consisting of Justice RS Kulhari (Adjudicating Officer) rejected the homebuyer's complaint for basement parking facility, holding that it was never part of the approved construction plan, while hearing the seven complaint matter against the builder.
Maharashtra Real Estate Regulatory Authority (MahaRERA)
Maharashtra RERA Grants Fourth Extension To Bhumiraj Builders To Complete Project
The Maharashtra Real Estate Regulatory Authority (MahaRERA) bench, comprising of Ajoy Mehta (Chairperson), granted a 4-year extension to Builder Bhumiraj Builders Pvt. Ltd for its project, which includes 4 towers namely Bhumiraj Hills Tower 1, 2, 3, & 4, for the fourth time. Previous three extensions were granted by MahaRERA on the grounds of COVID-19.
West Bengal Real Estate Regulatory Authority (WBRERA)
The West Bengal Real Estate Regulatory Authority (WBRERA) has issued an office order addressing the mandatory display of registration details and website addresses in advertisements and other promotional material of registered projects by builders. The order emphasizes the requirements stipulated under Section 11(2) of the Real Estate (Regulation and Development) Act, 2016, which mandates builders to prominently display the WBRERA Registration Number and website address in all project-related advertisements and prospectuses.
Haryana Real Estate Regulatory Authority (HARERA)
Haryana Real Estate Regulatory Authority (HARERA) comprising of Justice Ashok Sangwan (Member) orders builder to refund the amount with interest to the complainant and holds him liable for wrongly calculating the total price of the unit based on its super built-up area instead of its carpet area.
Ernakulam District Consumer Disputes Redressal Commission
The Ernakulam District Consumer Disputes Redressal Commission, headed by D.B. Binu as President, alongside members V. Ramachandran and Sreevidhia. T.N. held that although insurance agreements are legally binding and need to be interpreted strictly, the insurers should also have a responsibility to make sure that the terms of the contract are communicated clearly and understood, especially regarding important matters like pre-existing conditions.
Ernakulam District Consumer Disputes Redressal Commission
The Ernakulam District Consumer Disputes Redressal Commission, headed by D.B. Binu as President, alongside members V. Ramachandran and Sreevidhia. T.N. held Samsung India and its dealer liable for deficiency in service due to their refusal to repair the product purchased by the complainant during its warranty period.
Ernakulam District Consumer Disputes Redressal Commission
The Ernakulam District Consumer Disputes Redressal Commission, headed by D.B. Binu as President, alongside members V. Ramachandran and Sreevidhia. T.N. held Paravoor Engineers liable for deficiency in service for selling a faulty machine and refusing to repair the product during its warranty period.
Ernakulam District Consumer Disputes Redressal Commission
The Ernakulam District Consumer Disputes Redressal Commission, headed by D.B. Binu as President, alongside members V. Ramachandran and Sreevidhia. T.N. held that the company's failure to fulfil its contractual duties and not removing the hypothecation on the complainant's vehicle constitutes a deficiency in service.
