Consumer Cases
Consumer Cases Weekly Round-Up: 22nd to 28th April 2024
National Consumer Disputes Redressal Commission Unreasonable Delay In Handing Over Possession Of Property To Buyers: NCDRC Directs Builder To Refund Entire Amount Along With Interest Case Title: Monika Bansal & Ors. v/s Total Environment Building Systems Pvt. Ltd. The National Consumer Disputes Redressal Commission has re-emphasized that buyers should not be subjected...
Maharashtra RERA Releases Draft Regulation for Quality Assurance, Invites Suggestions and Views
Maharashtra Real Estate Regulatory Authority (MahaRERA) has released a draft regulation aimed at enhancing the quality of construction in the real estate sector. This initiative aligns with the provisions of the Real Estate (Regulation and Development) Act, 2016, particularly Section 14(3), which mandates prompt rectification of structural defects and other issues brought to the promoter's notice within five years of possession. In line with this commitment, MahaRERA has introduced a...
Telangana RERA Orders Builder To Rectify Structural Defects Arising Out Of Real Estate Project
The Telangana Real Estate Regulatory Authority (TSRERA) bench, consisting of Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member), has directed the builder to rectify the structural defects arising from the project following the transfer of possession to the homebuyers, as per section 14(3) of The Real Estate (Regulation and Development) Act, 2016. Background Facts The complainants (Homebuyers), who are residents of Empire Meadows...
Karnataka RERA Directs Builder To Refund Homebuyer's Amount With Interest After Builder Failed To Complete Project On Time
Karnataka Real Estate Regulatory Authority (Authority) bench, Comprising of Justice HC Kishore Chandra (Chairman) has directed builder to refund the homebuyer's amount with interest after builder failed to deliver the possession of the flat on promised timeframe. Background Fact The homebuyer (complainant) booked a flat in the builder's project named Mantri Manyat Energia. Both the homebuyer and the builder entered into the agreement for sale and construction dated 03.06.2016 for a...
Bihar State Commission Holds National Insurance Co. Liable For Wrongful Repudiation Of Accidental Claim Despite Receiving Documents
The State Consumer Disputes Redressal Commission, Bihar bench comprising Miss Gita Verma (Presiding Member) and Mr Raj Kumar Pandey (Member) held National Insurance Co. Ltd. liable for deficiency in service for failure to disburse a valid accidental claim, despite acknowledging the existence of the policy and receiving all relevant documents. In the absence of a clear explanation for its conduct, the State Commission enhanced the period and amount of interest levied on it by the District...
Himachal Pradesh State Commission Holds IFFCO Tokio General Insurance Co. Liable For Wrongful Repudiation Based On Late Intimation And Unsubstantiated Blood Reports
The State Consumer Disputes Redressal Commission, Himachal Pradesh bench comprising Inder Singh Mehta (President) held that delay of intimation of claim to the insurance company is insignificant if the information concerning the incident was duly informed to the police within a reasonable time. Consequently, IFFCO Tokio General Insurance Co. was held liable for wrongfully repudiating...
Transfer Of Insurance Policy Must Be Within 14 Days Of Transferring Ownership Of Vehicle : Uttarakhand State Commission
The State Consumer Disputes Redressal Commission, Uttarakhand bench comprising Ms Kumkum Rani (President) and Mr B.S. Manral (Member), allowed an appeal filed by National Insurance Company Limited. The allegations against the Insurance Company involved the repudiation of an accidental claim based on the absence of the Complainant's name in the insurance policy. The bench held that...
Subrogation of Rights By Commercial Entity Doesn't Extend Status Of 'Consumer' To Subrogee, NCDRC Allows Appeal Filed By East India Transport Agency
The National Consumer Disputes Redressal Commission (NCDRC) bench comprising J. Rajendra (Presiding Member) held that an entity engaged in commercial activities solely for the purposes of profit-making cannot be said to be covered under the definition of a 'consumer' under the Consumer Protection Act, 2019. Even if the commercial entity subrogates its right to recover the amount to a...
Maharashtra RERA Releases Order Mandating Detailed Disclosure Of Amenities In Sale Agreements
The Maharashtra Real Estate Regulatory Authority (MahaRERA) has released order mandating builders to disclose the details about the amenities to homebuyers that will be provided to them in the project in sale agreements. Important Points Detailed Listing of Facilities/Amenities: Builders are required to specify all facilities and amenities provided in the building, common areas,...
Can't Repudiate Genuine Insurance Claims Based On Delayed Intimation, NCDRC Dismisses Revision Petition Filed By United India Insurance Company
The National Consumer Disputes Redressal Commission (NCDRC) bench comprising Mr J. Rajendra (Presiding Member) held United India Insurance Company liable for wrongfully repudiating a valid insurance claim of a stolen tractor based on a delayed intimation of 10 days. The NCDRC held that delay in intimation of claim was no longer an issue in insurance disputes. Brief Facts: On 18th...
Delhi State Commission Holds Bajaj Alliance General Insurance Liable For Deficiency In Service Due To Denial Of Insurance Claim Over Policy Violation
Delhi State Consumer Disputes Redressal Commission, headed by Justice Sangita Dhingra Sehgal alongside member Ms. Pinaki, held that even in cases where the insured violates their insurance policy terms, the insurance claim can resolved, though with modified conditions. Brief Facts of the Case The The complainant's father purchased a Santro car to gift to her upon her marriage. The...
Indiscriminate Appointment Of Surveyors By Insurance Companies To Get Favorable Report Violates IRDA Regulations: NCDRC
The National Consumer Disputes Redressal Commission (NCDRC) bench comprising Subhash Chandra (Presiding Member) and Sadhna Shanker (Member) held that insurance companies cannot appoint surveyors indiscriminately solely to get a favourable report. The appointment of multiple surveyors without any reasonable cause was held to violate the IRDA Regulation No. 64. Brief...