Consumer Cases
Consumer Cases Monthly Digest: June 2024
National Consumer Disputes Redressal Commission (NCDRC) Limitation Period Under Policy Is Shorter Than Statutory Period For Filing Complaint, Unenforceable And Void: NCDRC Holds Oriental Insurance Liable For Deficiency In Service The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and Sadhna Shanker(member), held that the Consumer Protection Act...
9-Year Delay In Handing Over Possession, Haryana RERA Orders Builder To Pay Interest To Homebuyer
Haryana Real Estate Regulatory Authority (Authority) bench, comprising Vijay Kumar Goyal (Member), has directed M/s Tashee Land Developers Pvt. Ltd., the builder, to pay interest to the homebuyer for the 9-year delay in providing possession of the flat. As per the agreement, the builder had promised to provide possession by June 2015. Background Facts A homebuyer (Complainant)...
6-Year Delay In Providing Possession, Karnataka RERA Orders Builder To Pay Interest, Hand Over Possession Of Flat To Homebuyer
Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member), has directed Shashwati Realty Pvt Ltd., the builder, to pay interest to the homebuyer for their failure to hand over possession of the flat on time. Additionally, the authority also directed the builder to execute the sale deed and hand over possession to the...
Failure To Provide SMS Alerts For Unauthorized Transactions, NCDRC Holds HDFC Bank Liable
The National Consumer Disputes Redressal Commission (NCDRC) bench comprising Dr Inderjit Singh (Presiding Member) held HDFC Bank liable for failure to resolve the Complainant's grievances pertaining to multiple unauthorized transactions. Further, it failed to ensure SMS alert service for amount deduction. Brief Facts: The Complainant had a savings account with HDFC Bank (“Bank)...
Failure To Provide Possession Within 12 Months, Karnataka RERA Orders Builder To Refund Amount Paid By Homebuyer
Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member), has directed GVG Infrastructure Pvt. Ltd., the builder, to refund the amount paid by the homebuyer to purchase the flat, along with interest, after the builder failed to provide possession on time. As per the agreement of sale signed between the builder and the homebuyer, the builder was...
Consumer Cases Weekly Round-Up: 1st to 7th July,2024
Orissa High Court Consumer Commission Has No Jurisdiction To Entertain Matters Coming Under Purview Of SARFAESI Act: Orissa High Court Case Title: The Chief Manager-cum-Authorized Officer, Union Bank of India, Jharsuguda v. Rajesh Kumar Agrawal & Anr. The Orissa High Court has held that the Consumer Commissions do not have jurisdiction to entertain any suit or proceeding...
Delay In Handing Over Possession, Karnataka RERA Directs Ozone Urbana Infra Developers To Refund 82 Lakhs To Homebuyer
Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N Raju (Member), has directed the builder, Ozone Urbana Infra Developers, to refund Rs. 82 lakhs to the homebuyer after the builder failed to provide possession of the flat on time. According to the agreement, the builder promised to provide possession by June 2023. Background Facts The...
Delay Of More Than 8 Years In Providing Possession Of Land, Punjab RERA Orders Interest To Complainant
Punjab Real Estate Regulatory Authority (Authority) bench, consisting of Malwinder Singh Jaggi (Member), has directed Altus Space Builders Pvt. Limited, the builder to pay interest to the complainant for the 8-year delay in handing over possession of the plot. Background Facts On 30.01.2013, the Complainant booked a plot in the builder's (Respondent) residential project named...
Gujarat RERA Treats Godrej Properties As Promoter Of Green Glades Project, In A Joint Venture Project
Gujarat Real Estate Regulatory Authority (Authority) bench, comprising MA Gandhi (Member) and Dr. MD Modiya (Member), has held Godrej Properties as the promoter of the Green Glades Project, where Godrej was responsible for marketing, advertising, and selling the project. Background Facts The Homebuyer (Complainant) booked a flat in the Builder's (Respondent No. 1) project...
NCDRC Holds Oriental Insurance Liable For Deficiency In Service While Holding That Filing Two Claims For Same Occurrence Is Unsustainable
The National Consumer Disputes Redressal Commission, presided by Dr. Sadhna Shanker, held that two separate claim forms cannot be filed by the insured for the same occurrence as they do not change the nature of the occurrence and loss. Brief Facts of the Case The complainant company, which was involved in bridge construction, secured a “Contractors All Risk Insurance...
Delay In Handing Over Possession, Karnataka RERA Directs Ozone Infra Developers To Pay Interest And Hand Over Possession To Homebuyer
Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N Raju (Member), has directed Ozone Infra Developers Private Limited, the builder, to pay interest to the homebuyer for their failure to hand over possession of the flat on time and to hand over possession to the homebuyer. Background Facts On May 15, 2019, the homebuyer (complainant) purchased a...
Consumer Forums Do Not Have Jurisdiction To Entertain Complaints Of Pending Electricity Bills Under Electricity Act, 2003: Bihar State Commission
The State Consumer Disputes Redressal Commission, Bihar bench of Miss Gita Verma (Judicial Member) and Md. Shamim Akhtar (Judicial Member) held that consumer forums cannot entertain complaints filed by a consumer or any person against the assessment made under Section 126 or action taken under Sections 135-140 of the Electricity Act, 2003 Brief Facts: The...