Search Results for "Flat Purchasers"

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Search Results for "Flat Purchasers"

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Supreme Court

Supreme Court Dismisses Appeal in Consumer Dispute Over Limitation and Maintainability Under Consumer Protection Act 1986. Complaint Barred by Limitation as Cause of Action Arose When Municipal Authorities First Demanded Higher Charges, Not Continuing, and Not Maintainable as Appellant Not a Consumer Under Section 2(1)(d) for Property Tax and Water Services Provided by Municipal Authorities.

11 Jan 2022

The appeal originated from a judgment of the National Consumer Disputes Redressal Commission dated 3 December 2018, which dismissed a consumer complai...

Supreme Court

Supreme Court Allows Appeal in Mediclaim Policy Renewal Dispute — Insurer Must Disclose Material Changes in Coverage at Renewal. Renewal of Insurance Policy is Not a Fresh Contract; Insurer Owed Duty to Inform Insured of Restrictive Terms Under Principle of Utmost Good Faith.

9 Dec 2021

The appellants, Jacob Punnen and his wife, held a Mediclaim policy with United India Insurance Co. Ltd. since 1982, renewed annually. In March 2008, t...

Supreme Court

Supreme Court Dismisses Builder's Modification Application in Illegal Construction Case - Upholds Demolition Order for Violations of Building Regulations and Apartment Laws. The Court found the application non-maintainable as it sought to alter core findings on multiple statutory breaches, including minimum distance norms, green area requirements, and lack of flat owner consent under the Uttar Pradesh Apartment Act, 2010.

4 Oct 2021

The Supreme Court dealt with a miscellaneous application filed by Supertech Limited seeking modification of its judgment dated 31 August 2021, which h...

Supreme Court

Supreme Court Upholds National Consumer Commission's Order in Builder-Resident Association Dispute Over Apartment Amenities. Cause of Action for Deficiency in Services Continued Beyond Agreement Date, Making Complaint Within Limitation Period Under Section 24A of Consumer Protection Act, 1986, and Builder Directed to Fulfill Contractual Obligations for Amenities.

28 Sep 2021

The dispute arose between a builder, M/s Padmini Infrastructure Developers (India) Ltd., and the Royale Garden Residents Welfare Association, represen...

Supreme Court

Supreme Court Allows Appeals by Captive Power Producers in Hydel Policy Dispute Over Water Royalty Charges. The court held that the agreements incorporating the government policy did not impose water royalty liability on captive power producers, distinguishing them from independent power producers under the policy framework.

6 Sep 2021

The dispute arose from appeals filed by M/s. Indsil Hydro Power and Manganese Limited (INDSIL) and Carborundum Universal Limited (CUMI) against a comm...

Supreme Court

Supreme Court Upholds Consumer Commission's Compensation Award Against Builder for Delayed Possession in Housing Project. Builder's 'Endeavour' Clause Interpreted as Requiring Reasonable Efforts, and Contractual Compensation Rate Held Unfair Under Consumer Protection Act, 1986.

8 Mar 2021

The dispute arose from a delayed housing project where the builder, NBCC (India) Limited, failed to hand over possession of a residential unit to the ...

Supreme Court

Supreme Court Allows Joint Consumer Complaint by Flat Buyers Under Section 12(1)(c) of Consumer Protection Act, 1986 — Common Grievance Sufficient Despite Different Dates, Costs, and Sizes. NCDRC's Dismissal Set Aside, Matter Remitted for Fresh Consideration.

24 Aug 2020

The appeal arose from an order of the National Consumer Disputes Redressal Commission (NCDRC) dated 19 February 2016, which dismissed a consumer compl...

Supreme Court

Supreme Court Allows Appeals of Flat Buyers Against Developer for Delayed Possession, Holds Unilateral Compensation Clause Unfair. Developer's stipulation of Rs 5 per sq ft per month as liquidated damages for delay held inadequate and unconscionable; flat buyers entitled to compensation at 6% per annum on amounts paid.

24 Aug 2020

The case involves appeals by 171 flat buyers against the dismissal of their consumer complaint by the National Consumer Disputes Redressal Commission ...

Supreme Court

Supreme Court Allows Appeals Against Rejection of Plaint Under Order 7 Rule 11 CPC in Mortgage Dispute Between Flat Purchasers and Bank. The court held that a civil suit seeking declaration that a mortgage is not valid and for specific performance of an agreement to purchase flats is not barred under Section 34 of the SARFAESI Act, as the reliefs are outside the jurisdiction of the DRT.

1 Jul 2019

The Supreme Court considered appeals against a common judgment of the Bombay High Court which had allowed notices of motion filed by Axis Bank Ltd. (r...

Supreme Court

Supreme Court Upholds Refund to Flat Purchaser for Inordinate Delay in Possession — Builder's Unfair Contract Terms Not Binding. Builder's failure to apply for occupancy certificate within stipulated time constitutes deficiency of service; one-sided clauses in Apartment Buyer's Agreement are unfair and not binding under Consumer Protection Act, 1986.

2 Apr 2019

The Supreme Court dismissed appeals filed by Pioneer Urban Land & Infrastructure Ltd. against orders of the National Consumer Disputes Redressal Commi...

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