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 Rs. It was noted that the complainant complied with all requirements, including submitting the income certificate and depositing the additional amount demanded by the developer after reclassification to the High Income Group category. The Commission highlighted that the developer's actions, including raising the demand for the additional amount and subsequently reversing their decision without proper communication, were unjust and unreasonable.

Income Commission Complainant Developer Hig  board  rajasthan  service  additional  state  registration  ncdrc  income  commission  cancelling  category  booking  housing  holds  liable  national  deficiency  complainant  order  developer

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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 …

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, …

Buyer Cannot Be Made To Wait Indefinitely For Possession : NCDRC Holds Lodha Construction Liable For Deficiency In Service
3 weeks, 4 days ago

Buyer Cannot Be Made To Wait Indefinitely For Possession : NCDRC Holds Lodha Construction Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that making buyers wait indefinitely for possession amounts to deficiency in service. It directed the builder to pay interest on the amount paid by the complainant at 6% per annum from the end of the grace period until the complaint filing and 9% per …

Failure To Fulfill Contractual Obligations: NCDRC Holds Dhwani Associate Developers Liable For Deficiency In Service
3 weeks, 4 days ago

Failure To Fulfill Contractual Obligations: NCDRC Holds Dhwani Associate Developers Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that failure to fulfill contractual obligations and delay in handing over possession amounts as deficiency in service. The builder further claimed that the State Commission acted without proper evidence and that the complainants intentionally hid facts, including an injunction order from the Bombay High …

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 …

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 …

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 …

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 …

Consumer Forums Can't Entertain Complaints Involving Allegations Of Embezzlement: NCDRC
5 months ago

Consumer Forums Can't Entertain Complaints Involving Allegations Of Embezzlement: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission bench of J. Rajendra dismissed a revision petition filed against the postal department pertaining to the confiscation of the Complainant's recurring deposit account due to allegations of embezzlement. Feeling aggrieved, he filed a consumer complaint before the District Consumer Disputes Redressal Commission, Aligarh. Aggrieved by the District Commission's order, the Officials filed an appeal …

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. …

Handing Over Possession To Third Party Without Buyer's Consent Is Deficiency In Service: NCDRC
5 months, 3 weeks ago

Handing Over Possession To Third Party Without Buyer's Consent Is Deficiency In Service: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held Maya Realtors liable for deficiency in service due to handing over possession of the booked flat to a third party without the buyer's consent. Furthermore, the builders never informed the Complainant about the completion of the flat's construction and never handed over the keys, demonstrating a clear deficiency …

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 …

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 …

Multiple Compensations For A Single Default Is Unjustified: NCDRC
6 months, 3 weeks ago

Multiple Compensations For A Single Default Is Unjustified: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Subhash Chandra alongside Sadhna Shanker, held M/S. Exact Developers & Promoters liable for deficiency in service but set aside the state commission's order for granting compensation for mental agony, as multiple compensations cannot be granted for a single default. If the developer failed to do so, the complainants were entitled to refund …

Kerala State Commission Holds Kerala Chamber Of Commerce and Industry Liable For Unilateral Cancellation Of Home Buyer Agreement
8 months, 3 weeks ago

Kerala State Commission Holds Kerala Chamber Of Commerce and Industry Liable For Unilateral Cancellation Of Home Buyer Agreement

Live Law  

The State Consumer Disputes Redressal Commission, Thiruvananthapuram, Kerala bench comprising Mr Ajith Kumar and Sri Radhakrishnan K.R. held the Kerala Chamber of Commerce and Industry liable for deficiency in service for unilaterally cancelling the buyer agreement of the Complainant and for ignoring his legitimate requests. Feeling aggrieved, the Complainant filed a consumer complaint in the State Consumer Disputes Redressal Commission, …

Failure To Reverse Fraudulent Transactions, NCDRC Holds HDFC Bank Liable For Deficiency In Service
10 months, 3 weeks ago

Failure To Reverse Fraudulent Transactions, NCDRC Holds HDFC Bank Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, New Delhi bench led by Dr. Inder Jit Singh held HDFC Bank liable for deficiency in services for failing to provide security measures to the credit card issued to the Complainant which resulted in unauthorized transactions amounting to Rs. The NCDRC set aside the respective orders of East Delhi District Commission and Delhi State …

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 …

NCDRC Holds ICICI Bank Liable For Loss Of Original Documents, Awards 25 Lakh Compensation
1 year, 3 months ago

NCDRC Holds ICICI Bank Liable For Loss Of Original Documents, Awards 25 Lakh Compensation

Live Law  

Recently, the National Consumer Disputes Redressal Commission presided by Hon’ble Mr. Subhash Chandra as the presiding member, partly allowed a consumer complaint and directed the ICICI Bank to pay compensation worth Rs. Arguments of ICICI Bank and Bluedart In response the Bank argued that the complaint was not maintainable, as the loss of documents was due to the fault of …

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 …

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