Withholding Deposit Without Any Prospect Of Delivering Possession: NCDRC Holds Realtech Development Liable For Deficiency In Service
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3 weeks, 3 days ago

Withholding Deposit Without Any Prospect Of Delivering Possession: NCDRC Holds Realtech Development Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Justice Karuna Nand Bajpayee and Dr. Sadhna Shanker, held that withholding the buyer's deposit amount beyond the estimated date without any prospect for delivering the possession amounts as deficiency in service. Brief Facts of the Case The complainants booked a residential unit from Realtech Development and Infrastructure/developer for Rs. Despite repeated inquiries, the developer failed to issue an allotment letter, execute a buyer's agreement, or even begin excavation work. Observations by the National Commission The National Commission observed that the complainants booked a residential unit and paid a total of Rs.

Developer Complainants Deficiency In Service  realtech  rs  service  ncdrc  prospect  commission  possession  vs  deposit  5879841  development  holds  liable  national  interest  complainants  withholding  refund  unit  developer

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CONSUMER CASES WEEKLY ROUND UP: DECEMBER 9 – DECEMBER 15
4 days, 9 hours ago

CONSUMER CASES WEEKLY ROUND UP: DECEMBER 9 – DECEMBER 15

Live Law  

National Consumer Disputes Redressal Commission Purchases For Earning Livelihood Qualify As Commercial Purposes If Operated Solely By Others: NCDRC Case Title: M/S. Telangana Consumer Disputes Redressal Commission Telangana State Commission Validates Builder's Claim of Outstanding Payments Case Title: M/s Narne Estates Pvt., Ltd. Adbul Rahim Case Number: F.A. Telangana State Commission Holds LIC Liable For Deficiency In Service Over Wrongful …

Zero Liability For Customers If Unauthorized Transactions Occur Without Their Fault: NCDRC Holds Union Bank Of India Liable For Deficiency In Service
1 week, 5 days ago

Zero Liability For Customers If Unauthorized Transactions Occur Without Their Fault: NCDRC Holds Union Bank Of India Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held Union Bank of India liable for deficiency in service owing to occurrence of unauthorized transactions. Contentions of the Bank The bank disputed the registered mobile number for the account and argued that the OTPs for the disputed transactions were sent to the complainant's registered number. Observations by the …

NCDRC Holds Rajasthan Housing Board Liable For Deficiency In Service For Arbitrary Cancelling Booking
3 weeks, 3 days ago

NCDRC Holds Rajasthan Housing Board Liable For Deficiency In Service For Arbitrary Cancelling Booking

Live Law  

The National Consumer Disputes Redressal Commission, presided by Justice Sudip Ahluwalia and Mr. Rohit Kumar Singh, held that raising demand for additional amounts and arbitrary cancelling of the booked flat amounts as deficiency in service. Contentions of the Developer The developer argued that the complainant provided contradictory affidavits regarding her income and failed to deposit the required registration amount of …

Price Hike Without Proper Justification Arbitrary : NCDRC Holds Ghaziabad Development Authority Liable For Deficiency In Service
3 weeks, 5 days ago

Price Hike Without Proper Justification Arbitrary : NCDRC Holds Ghaziabad Development Authority Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that a substantial price hike by the developer without a proper justification amounts as deficiency in service.Brief Facts of the Case The complainant was allotted a Duplex House under the Shastri Nagar residential scheme by the Ghaziabad Development Authority/ developer, with a cost of Rs. The National Consumer …

Reliance On Force Majeure Clause To Justify Prolonged Delays Unacceptable : NCDRC Holds Developer Liable For Deficiency In Service
3 weeks, 6 days ago

Reliance On Force Majeure Clause To Justify Prolonged Delays Unacceptable : NCDRC Holds Developer Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that reliance on force majeure clauses to justify prolonged delays in possession is unacceptable and amounts to deficiency in service. Observations by the National Commission The National Commission observed that there was a clear deficiency in service by the developer, as possession of the …

Intent Behind Purchasing Shop Was Self – Employment, NCDRC Holds Complainant As Consumer, Orders Refund
1 month, 2 weeks ago

Intent Behind Purchasing Shop Was Self – Employment, NCDRC Holds Complainant As Consumer, Orders Refund

Live Law  

National Consumer Disputes Redressal Commission Bench, comprising AVM J. Rajendra, held that the complainant who purchased a shop in the builder's commercial project qualifies as a consumer as the intent behind the purchase was self employment. Previously, the State Commission had dismissed the complainant's complaint on the grounds that the shop was intended for commercial use and therefore, the complainant …

Refunded Amount Should Be Paid From Date Of Deposit To Ensure Restitution: NCDRC
3 months, 2 weeks ago

Refunded Amount Should Be Paid From Date Of Deposit To Ensure Restitution: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM J. Rajendra, held that the refunded amount should be paid from the date of deposit and should be both restitutionary and compensatory. Brief Facts of the Case The complainant booked a flat with the Punjab Urban Planning & Development Authority/developer and paid ₹3,00,000 as earnest money. The …

Refund Offer From Builder After Long Delay Considered Inadequate: NCDRC
3 months, 2 weeks ago

Refund Offer From Builder After Long Delay Considered Inadequate: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held Lucknow Development Authority liable for deficiency in service. The Commission held that a buyer can not be made to wait indefinitely for possession, and a refund offer from the builder after a long delay is inadequate. The complainant filed a complaint before the State …

“Compensation” Includes Compensation For Physical, Mental Or Emotional Suffering: NCDRC
4 months, 1 week ago

“Compensation” Includes Compensation For Physical, Mental Or Emotional Suffering: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held T & T Motors liable for deficiency in service for refusing timely repair services while the product was still under warranty. Consequently, the dealer appealed to the National Commission against the State Commission's order. Contentions of the Dealer The dealer argued that the State Commission failed to …

Buyers Have Rights To Refund In Cases Of Delay And Cancellation Of Allotment: NCDRC
4 months, 2 weeks ago

Buyers Have Rights To Refund In Cases Of Delay And Cancellation Of Allotment: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and AVM J. Rajendra, held Big Banyan Roots liable for deficiency in service and held that a buyer has rights to a refund in cases of delay or cancellation of allotment. The State Commission partly allowed the complaint and directed the builder to refund the sum of Rs.75,58,000 to the …

NCDRC Holds New Delhi Institute Of Management Studies Liable For Misleading Student For Joining MBA Course
4 months, 3 weeks ago

NCDRC Holds New Delhi Institute Of Management Studies Liable For Misleading Student For Joining MBA Course

Live Law  

The National Consumer Disputes Redressal Commission bench of Dr Inder Jit Singh held New Delhi Institute of Management Studies liable for deficiency in service and unfair trade practice for misleading a student into joining its MBA course with the false assurance that the course was being offered in association with Madhuraj Kamraj University. Brief Facts: The Complainant alleged that New …

SC upholds order for refund of amount to home buyers by builder for delayed possession of flat
4 months, 3 weeks ago

SC upholds order for refund of amount to home buyers by builder for delayed possession of flat

Hindustan Times  

New Delhi, Jul 29 The Supreme Court on July 29 upheld an order of the National Consumer Disputes Redressal Commission directing a developer to refund the entire amount paid by the home buyers for delayed possession of their flat. SC upholds order for refund of amount to home buyers by builder for delayed possession of flat A bench of Justices …

Builder Can Only Forfeit 10% of Basic Sale Price In Case Of Breach Of Contract: NCDRC
5 months, 3 weeks ago

Builder Can Only Forfeit 10% of Basic Sale Price In Case Of Breach Of Contract: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Dr. Sadhna Shanker, held that the amount forfeited due to a breach of contract should be fair and justifiable. The complainant asserted having paid a total of Rs.11,21,876 but received only Rs.7,20,000 as a refund from the realtor, prompting the complaint of deficiency in service filed before the State Commission of Delhi. …

Corporative Hosuing, Contractual Property Price Is Binding In Nature, But Liable For Defects And Delay : NCDRC
6 months ago

Corporative Hosuing, Contractual Property Price Is Binding In Nature, But Liable For Defects And Delay : NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that consumer forums cannot arbitrate on pricing disputes since contractual property prices are binding in nature. Brief Facts of the Case In 2008, the Punjab State Federation Cooperative Society launched a housing scheme, and the complainant applied for a super deluxe flat, paying Rs. …

Builder Cannot Demand Interest For Delayed Projects: NCDRC Holds Puri Construction Liable For Deficiency In Service
6 months, 1 week ago

Builder Cannot Demand Interest For Delayed Projects: NCDRC Holds Puri Construction Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that builders cannot demand interest from the buyer if the project is already delayed beyond the agreed-upon time. The commission noted that the complainants made around 60% of the payment and were willing to pay the balance sale consideration, but the builder kept raising demands for interest, …

Co-Promoters Liable To Refund Amounts Under Real Estate Laws: NCDRC
6 months, 2 weeks ago

Co-Promoters Liable To Refund Amounts Under Real Estate Laws: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya and Bharatkumar Pandya, held that shareholders are co-promoters under the Maharashtra Ownership Flats Act 1963, and according to the Real Estate Act 2016, the promoter is responsible for refunding amounts owed by other prompters. Contentions of the Developer The developer argued that as per the development agreement clause …

Law Of Limitation Must Be Strictly Followed As Prescribed, Despite Potential Harshness: NCDRC
6 months, 2 weeks ago

Law Of Limitation Must Be Strictly Followed As Prescribed, Despite Potential Harshness: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that the law of limitation, despite potentially causing harshness to a party, must be strictly applied as prescribed by the statute, and the court lacks the authority to extend the limitation period on equitable grounds. Observations by the Commission The commission observed that condonation …

Consumer Cases Weekly Round-Up: 27th May To 2 June 2024
6 months, 2 weeks ago

Consumer Cases Weekly Round-Up: 27th May To 2 June 2024

Live Law  

National Consumer Disputes Redressal Commission Rejection Of A Surveyor's Report Must Be Due To Arbitrariness: NCDRC Case Title: United India Insurance Co. Ltd Vs. M/S. National Consumer Disputes Redressal Commission Delay In Delivery Of Possession: NCDRC Holds Emaar MGF Land Liable For Deficiency In Service Case Title: Mohan Shyam Dubey Vs. M/S Emaar MGF Land Ltd. National Consumer Disputes Redressal …

Consumer Cases Weekly Round-Up: 20th To 26th May 2024
6 months, 3 weeks ago

Consumer Cases Weekly Round-Up: 20th To 26th May 2024

Live Law  

National Consumer Disputes Redressal Commission Alerting Insurer About Renewal Of Insurance Is Bank's Responsibility: NCDRC Holds Syndicate Bank Liable For Deficiency In Service Case Title: Bank Manager, Syndicate Bank Vs. Ishwar Dayal The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held Syndicate Bank liable for deficiency in service and held that it is the responsibility of …

Supertech Realtor Held Liable For Delayed Possession: NCDRC Orders Complete Refund Along With 50,000/- As Costs
11 months, 2 weeks ago

Supertech Realtor Held Liable For Delayed Possession: NCDRC Orders Complete Refund Along With 50,000/- As Costs

Live Law  

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 …

Contributory Deficiency, NCDRC Reduces Compensation
1 year ago

Contributory Deficiency, NCDRC Reduces Compensation

Live Law  

The National Consumer Disputes Redressal Commission bench led by Mr Justice A.P. Sahi modified the order passed by the State Commission, Andhra Pradesh in favour of the North Eastern Region Institute of Science and Technology which alleged deficiency in service on part of M/s Intec Infonet Pvt. The NCDRC observed that the deficiency and negligence could not be entirely attributed …

Deficiency In Service: NCDRC Dismisses Indian Railways' Revision Petition, Directs To Compensate Rs. 4.6 Lakhs
1 year, 4 months ago

Deficiency In Service: NCDRC Dismisses Indian Railways' Revision Petition, Directs To Compensate Rs. 4.6 Lakhs

Live Law  

The NCDRC under the Presiding Member Dr. Inder Jit Singh dismissed the Revision Petition filed by the Indian Railways holding it liable for deficiency in service. Observations of the Commission: The NCDRC dismissing the Revision Petition observed that there is no merit in the Railways' argument that the incident falls outside the jurisdiction of the Consumer Protection Act and should …

NCDRC Directs TATA Housing To Refund The Entire Amount Paid For Flat Due To Deficiency In Service
1 year, 11 months ago

NCDRC Directs TATA Housing To Refund The Entire Amount Paid For Flat Due To Deficiency In Service

Live Law  

The National Consumer Dispute Redressal Commission bench comprising Justice Ram Surat Ram Maurya as the presiding member and Dr. Inder Jit Singh as member directed TATA Housing Development Pvt. The complainants submitted that the opposite party launched a group housing project in the name “Tata Primanti” in Sector-72 in Gurgaon in the year 2011 and widely publicised it’s facalities and …

NCDRC Directs Builder To Compensate Homebuyers For Delay In Refund Of Refundable Maintenance Deposit
2 years, 10 months ago

NCDRC Directs Builder To Compensate Homebuyers For Delay In Refund Of Refundable Maintenance Deposit

Live Law  

The Bench comprising Justice SM Kantikar and Justice Binoy Kumar at the National Consumer Disputes Redressal Commission has ordered a refund of the refundable maintenance along with delay compensation @6% for the Flat Owners of Mantri Residency from Builders' agencies. On completion of the construction, the Opposite Parties ie, M/S Mantri Estate Management Private Ltd and Ors collected a lumpsum …

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