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 of delay cannot be claimed as a matter of right, and the applicant must present a case showing sufficient reasons that prevented them from approaching the Court/Commission within the stipulated limitation period. The commission observed that the law of limitation may harshly affect a particular party, but it has to be applied rigorously when the statute prescribes, and the court has no power to extend the limitation period on equitable grounds. The commission highlighted the Supreme Court's decision in Anshul Aggarwal vs. New Okhla Industrial Development Authority, which advised Consumer Forums to keep in mind the special nature of the Consumer Protection Act while dealing with such applications.

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History of this topic

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, …

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 …

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