Consumer Cases
MahaRERA – Dispute Arising Out Of Development Agreement Is Not Maintainable
Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Member), held that there is no provision in the Real Estate (Regulation and Development) Act, 2016, which empowers the authority to entertain disputes arising out of a development agreement, such disputes fall under the jurisdiction of the Civil court. Consequently, the authority dismissed...
Forfeiture Of Earnest Money In Case Of Default Should Be Reasonable: NCDRC Holds TDI Infrastructure For Deficiency In Service
The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya and Bharatkumar Pandya (member), held that in case of default by the buyer, the forfeiture of the earnest money should be reasonable in nature. It was highlighted that according to set precedents, such forfeiture can only go up to 10% of the basic sale price. Brief Facts of the Case...
Haryana RERA Orders Builder BPTP To Pay Interest And Pass Benefit of Increased Super Built-Up Area To Homebuyer
Haryana Real Estate Regulatory Authority (Authority) bench, comprising Sanjeev Kumar Arora (Member), has directed the builder to pay interest for the delay in handing over possession and pass on the benefit of the increased super built-up area to the homebuyer without imposing additional costs in the total sale consideration. In real estate, super built-up area includes the flat's...
Prescribing Consumption Of Milk To Patient Suffering With Ulcerative Colitis, Chandigarh District Commission Holds Max Super Speciality Hospital Liable
The District Consumer Disputes Redressal Commission-II, U.T. Chandigarh bench of Amrinder Singh Sidhu and B. M. Sharma held Max Super Speciality Hospital, Mohali liable of deficiency in services and unfair trade practices for providing advice for consumption of milk at night, a directive that could pose severe health risks to a patient with Ulcerative Colitis. It was also held liable...
Doctors Not Negligent If Accepted Medical Procedure Fails: NCDRC
The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that a doctor cannot be held negligent merely because the result was a failure if the procedure adopted was acceptable to medical science at the time. Brief Facts of the Case The complainant, residing in Australia, underwent dental treatment by the doctor at Dr. Dorwal And Dental...
Bangalore District Commission Holds Xiaomi And Amazon Liable For Defective Redmi Note 8 With Manufacturing Defects
The Additional District Consumer Disputes Redressal Commission-III, Bangalore Urban bench of Shivarama K (President), Rekha Sayannavar (Member) and Chandrashekhar S Noola (Member) held Xiaomi and Amazon liable for deficiency in services for selling a phone with a manufacturing defect to the Complainant. Brief Facts: The Complainant purchased Redmi Note 8 from Amazon through an...
Builder Failed To Commence Construction Even After Two Years From Agreement Date, Karnataka RERA Orders Refund To Homebuyer
Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member), has directed the builder to refund the amount paid by the homebuyer for a flat, as the builder failed to start construction of the project even after two years from the date of entering into the agreement for sale with the homebuyer. Background Facts The homebuyer (complainant) purchased...
Failure To Provide Job-Hunting Assistance, Bangalore District Commission Holds Shine.Com Liable
The Additional District Consumer Disputes Redressal Commission-III, Bangalore Urban (Karnataka) bench of Shivarama K(President), Chandrashekar S Noola (Member) and Rekha Sayannvar(Member) held Shine.Com liable for deficiency in services due to its failure to provide job-hunting services for which the Complainant paid Rs. 79,751/-. Brief Facts: The Complainant contacted Shine.com...
Bangalore District Commission Holds TVS Liable For Non-Delivery Of Helmet Despite Receiving Due Consideration
The Additional District Consumer Disputes Redressal Commission-IV, Bengaluru (Karnataka) bench of Ramachandra M.S.(President), H. N. Shrinidhi (Member) and Nandini H Kumbhar (Member) held TVS liable for deficiency in services for failing to deliver a helmet and resolve the Complainant's issue within a reasonable time. Brief Facts: The Complainant ordered a TVS Helmet Lock...
Failure To Deliver Possession And Resale Of Same Unit, Bangalore District Commission Holds Sai Kalyan Builders & Developers Liable
The District Consumer Disputes Redressal Commission, Bangalore bench of M. Shobha (President), K Anita Shivakumar (Member) and Suma Anil Kumar (Member) held Sai Kalyan Builders & Developers liable for deficiency in services and unfair trade practices for failing to refund the advance money paid by the Complainant for a flat for which it failed to deliver possession, and for selling...
No Proof Of Pre-Existing Disease, Kangra District Commission Holds Star Health And Allied Insurance Co Liable For Wrongful Repudiation
The District Consumer Disputes Redressal Commission, Kangra (Himachal Pradesh) bench of Hemanshu Mishra (President), Arti Sood (Member) and Narayan Thakur (Member) held Star Health and Allied Insurance Co. Ltd liable for deficiency in services due to its unjustified rejection of a genuine claim. The bench held that the Insurance Company repudiated the claim without conducting a...
Shimla District Commission Holds Flipkart And Ekart Logistics Liable For Delivering Damaged Product And Failing To Initiate Refund
The District Consumer Disputes Redressal Commission, Shimla (Himachal Pradesh) bench of Dr. Baldev Singh (President), Jagdev S. Raitka (Member) and Janam Devi (Member) held Flipkart and E-Kart liable for deficiency in services and unfair trade practices due to their delivery of a product in a damaged condition and their failure to facilitate its return upon request. Brief...