NCDRC Orders Builder To Pay Rs.2.52 Crores To Homebuyer Who Was Not Delivered Flat As Promised [Read Order]
6 years ago

NCDRC Orders Builder To Pay Rs.2.52 Crores To Homebuyer Who Was Not Delivered Flat As Promised [Read Order]

Live Law  

A homebuyer-couple who was not delivered a 60th floor flat as promised by Mumbai-based Lodha Crown Buildmart Pvt Ltd has been granted relief by National Consumer Disputes Redressal Commission, which directed the builder to pay Rs 2.52 crores with interest at the rate of 9%. Apart from the builder-company, the NCDRC also held its present directors Ramandas Pandey and Pranav Goel jointly and severally liable to pay the amount. The complaint was filed by Jagannath Hiray and Baby Hiray, who had booked a 3 BHK Flat at the 60th floor of proposed building named "LODHA DIORO priced at Rs4.46 crore by executing a registered agreement on 9 May 2012. Vs. Ashok Iron Works Private Limited, 3 SCC 240 has held that a company registered under the I Companies Act,1956 is the "person" within the meaning of person as given in of the Section 2 Consumer Protection Act, 1986 and partnership is exclusively covered under Section 2 of the Consumer Protection Act, 1986".

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History of this topic

NCDRC Directs Builder To Pay Delayed Compensation To Homebuyer Until Occupation Certificate Was Received
1 month, 3 weeks ago

NCDRC Directs Builder To Pay Delayed Compensation To Homebuyer Until Occupation Certificate Was Received

Live Law  

National Consumer Disputes Redressal Commission bench comprising of Subhash Chandra and AVM J. Rajendra directed builder to pay compensation for the delay to the homebuyer until the date the occupation certificate was received. The homebuyer who took possession in October 2015 filed complaints before the National Commission, claiming delayed compensation from the due date of possession till the date the …

Delhi District Commission (South) Holds M/s Adinath Properties Pvt. Ltd. Liable For Unfair Trade Practices For Making Offer Of Possession Without OC/CC
2 months, 1 week ago

Delhi District Commission (South) Holds M/s Adinath Properties Pvt. Ltd. Liable For Unfair Trade Practices For Making Offer Of Possession Without OC/CC

Live Law  

The District Consumer Disputes Redressal Commission-II held M/s Adinath Properties Pvt. Ltd. liable for unfair trade practices and deficiency in service for making an offer of possession without providing the Occupancy Certificate and Completion Certificate to the Complainants. Vs. Govindan Raghavan CA 12238/2018, the Complainants claimed that on 05.08.2020, the Opposite Party sent a reminder for possession of residential unit …

Homebuyer Forced To Vacate Flat After Taking Possession Due To Unsafe Construction, Haryana RERA Directs NBCC To Pay Compensation
2 months, 3 weeks ago

Homebuyer Forced To Vacate Flat After Taking Possession Due To Unsafe Construction, Haryana RERA Directs NBCC To Pay Compensation

Live Law  

Haryana Real Estate Regulatory Authority Bench, Comprising of Rajender Kumar has directed National Buildings Construction Corporation Limited to compensate the homebuyer for rental expenses and mental agony after they were forced to vacate their flat as the project was found unsafe for living due to its unsafe construction after taking possession. On February 17, 2022, the District Magistrate-cum-Chairperson, District Disaster …

CONSUMER CASES WEEKLY ROUND UP: DECEMBER 9 – DECEMBER 15
3 months, 1 week 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 …

Using Poor Quality Material During Construction: NCDRC Holds Builder Liable For Deficiency In Service
3 months, 3 weeks ago

Using Poor Quality Material During Construction: NCDRC Holds Builder Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that usage of subpar resources for construction amounts to deficiency in service. The State Commission reversed the District Commission's order and directed the builder to Rs.8.35 lakhs collected in excess at 8% interest, along with Rs. Observations by the National Commission The National Commission observed that the key …

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

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

Delhi District Commission Orders Shree Vardhman Developers To Refund Amount Paid By Homebuyer
4 months, 3 weeks ago

Delhi District Commission Orders Shree Vardhman Developers To Refund Amount Paid By Homebuyer

Live Law  

The District Consumer Disputes Redressal Commission-II bench comprising Monika A Srivastava, Dr. Rajender Dhar and Ritu Garodia directed Shree Vardhman Developers Pvt. ft. in the builder's project named Shree Vardhman Gardenia, located in Sonepat, Haryana by paying an initial amount of Rs. Observation by Commission The Commission noted that even after paying a significant amount of consideration the homebuyer has …

Refunded Amount Should Be Paid From Date Of Deposit To Ensure Restitution: NCDRC
6 months, 3 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
6 months, 4 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
7 months, 3 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 …

Corporative Hosuing, Contractual Property Price Is Binding In Nature, But Liable For Defects And Delay : NCDRC
9 months, 1 week 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. …

Consumer Cases Weekly Round-Up: 27th May To 2 June 2024
9 months, 3 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: 30th December 2024 – 5th January 2025
10 months, 3 weeks ago

Consumer Cases Weekly Round Up: 30th December 2024 – 5th January 2025

Live Law  

National Consumer Disputes Redressal Commission NCDRC Holds Experion Developers Liable For Deficiency In Service Case Title: Mitesh Bhalla & Anr. 1196/2018 The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker held Oriental Insurance liable for deficiency in service over wrongful repudiation and delay in settling the insurance claim amount. Delhi Consumer Disputes Redressal Commission …

Arbitration Clauses Do Not Bar Consumer Commissions' Jurisdiction, NCDRC Allows Complaint Against Jai Prakash Associates Ltd.
1 year, 3 months ago

Arbitration Clauses Do Not Bar Consumer Commissions' Jurisdiction, NCDRC Allows Complaint Against Jai Prakash Associates Ltd.

Live Law  

The National Consumer Disputes Redressal Commission, New Delhi bench comprising Mr Ram Surat Ram Maurya and Bhartkumar Pandya held Jai Prakash Associates Ltd. and its subsidiary, Jaypee Sports Int. Further, the Builder's defence that the agreement had an arbitration clause was rejected as it was held that Consumer Forum's remedies stand in addition to the Arbitration and Conciliation Act, 1996. …

Ramprastha homebuyers get ₹20 crore in delayed compensation from developer
1 year, 8 months ago

Ramprastha homebuyers get ₹20 crore in delayed compensation from developer

Hindustan Times  

Around 200 flat owners represented by the Ramprastha City residents’ welfare association in Sector 37D have won a delayed compensation of ₹20 crore from the developer after a long battle in the National Consumer Disputes Redressal Commission. It is noteworthy to mention that the flat owners managed to get assets worth ₹20 crore from the realtor Ramprastha Promoters & Developers …

Bombay High Court Allows 78 Flat Purchasers To Complete Stalled Residential Project Through Self-Development
1 year, 10 months ago

Bombay High Court Allows 78 Flat Purchasers To Complete Stalled Residential Project Through Self-Development

Live Law  

The Bombay High Court recently allowed 78 flat purchasers to complete construction of RNA Palazzo, a residential project in Kandivali West, Mumbai, which has been stalled for the past 11 years. Justice RI Chagla passed the order after the developer East and West Builders agreed to the appointment of court receiver and to let the flat purchasers' association complete the …

Real Estate Developer HDIL Lose Case Against Flat Purchasers At NCLAT, One Of The Biggest Win For Flat Purchasers
3 years, 2 months ago

Real Estate Developer HDIL Lose Case Against Flat Purchasers At NCLAT, One Of The Biggest Win For Flat Purchasers

Live Law  

M/s SOLICIS LEX had filed a consolidated appeal in the NCLAT on behalf of many flat purchasers. NCLT order has been set aside and CoC and RP have been granted 90 days' time to complete resolution process - project wise - as stated in minutes of CoC meeting dated 08/09/21. Mr Manish Sukhani head NCLT Division at Solicis Lex stated …

Builder ordered to pay Rs 1 lakh for delaying flat possession
4 years, 4 months ago

Builder ordered to pay Rs 1 lakh for delaying flat possession

India TV News  

The Consumer Commission has ordered a builder in Maharashtra's Thane district to pay Rs 1 lakh to a home buyer for delaying the possession of a flat. As per the complaint, the builder from Ghatkopar had floated a project called Vinayak Krupra at Titwala, in which the complainants had booked a flat for Rs 13 lakh and other miscellaneous charges …

Consumer commission asks Unitech to refund ₹64.5 lakh with interest to home buyer
5 years, 4 months ago

Consumer commission asks Unitech to refund ₹64.5 lakh with interest to home buyer

Live Mint  

The country's apex consumer commission has directed real estate giant Unitech to refund within three months ₹64.5 lakh to a home buyer along with compensation for failing to hand over the possession of an apartment in Gurgaon. The National Consumer Disputes Redressal Commission has directed the real estate giant to pay compensation at the rate of 10 per cent on …

NCDRC directs Unitech to pay compensation to home buyers at 8% rate
5 years, 6 months ago

NCDRC directs Unitech to pay compensation to home buyers at 8% rate

Live Mint  

The country's apex consumer panel, the NCDRC, has directed Unitech to pay compensation to 33 home buyers, complete construction of the flats within nine months and hand over the possession to them. The National Consumer Disputes Redressal Commission has asked the real estate giant to pay compensation to the home buyers at the rate of 8% from the date committed …

Nearly 1 lakh homebuyers in legal quagmire to get their flats
5 years, 7 months ago

Nearly 1 lakh homebuyers in legal quagmire to get their flats

Live Mint  

New Delhi: Nearly 1 lakh homebuyers find themselves in a legal quagmire as the flats they booked years back in Delhi NCR are nowhere near completion by the three prominent builders - Amrapali, Unitech and Jaypee. In Amrapali's case, the Supreme Court has already delivered a judgement appointing NBCC to complete the unfinished projects and also appointed a court receiver …

Home Buyers Can Demand Interest On Refund Even After Accepting Refund Without Protest: NCDRC [Read Order]
6 years, 5 months ago

Home Buyers Can Demand Interest On Refund Even After Accepting Refund Without Protest: NCDRC [Read Order]

Live Law  

The National Consumer Disputes Redressal Commission recently allowed a disgruntled home-buyer to claim interest on the refund amount received by him post the builder’s inability to deliver possession of the booked flat, despite the fact that he had earlier accepted the refund amount without any protest on the lack of interest.The NCDRC was hearing an appeal filed by a. The …

SC allows homebuyers to directly move national consumer forum against builders
8 years, 1 month ago

SC allows homebuyers to directly move national consumer forum against builders

India TV News  

In a land mark judgment the Supreme Court on Tuesday paved the way for homebuyers to directly drag builders to the National Consumer Disputes Redressal Commission for delay in delivering the projects. The court, however, said that homebuyers must come ‘together’ to fulfil the parameters required for filing a case under the Consumer Protection Act. As per the Consumer Protection …

Builders can be arrested if they fail to deliver flats to buyers on time, rules National Consumer Commission
8 years, 5 months ago

Builders can be arrested if they fail to deliver flats to buyers on time, rules National Consumer Commission

India TV News  

Coming down heavily on real estate firms, the National Consumer Commission has said that builders can be arrested if they fail to deliver the projects to buyers on time. The commission bench headed by Dr BC Gupta noted that the builder not only delayed the possession to a buyer on time, but also failed to abide by its earlier order …

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