Search Results for "deficiency in service"

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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 Upholds National Commission's Decision in Insurance Claim Dispute Based on Surveyor's Report. Compensation Confined to Surveyor's Assessment Under Section 64UM(2) of Insurance Act, 1938 Due to Discrepancies in Appellant's Stock Records and Use of Volumetric Analysis.

28 Sep 2021

The Supreme Court of India heard a civil appeal arising from a judgment of the National Consumer Disputes Redressal Commission. The appellant, Khatema...

Supreme Court

Supreme Court Dismisses Estate Officer's Appeals in Leasehold to Freehold Conversion Cases Under Consumer Protection Act. The court held that conversion of leasehold to freehold property for a fee constitutes a service under the Consumer Protection Act, 1986, and refusal based on an internal memo without public notification is arbitrary, violating statutory rules.

7 Sep 2021

The dispute arose from the Estate Officer's refusal to process applications for converting leasehold residential plots to freehold status under the Ch...

Supreme Court

Supreme Court Dismisses Estate Officer's Appeals in Leasehold to Freehold Conversion Dispute Under Consumer Protection Act. The court held that allottees paying conversion fee are consumers under the Consumer Protection Act, 1986, and the Estate Officer's refusal based on an internal memo without public notification was arbitrary under the Chandigarh Conversion of Residential Leasehold Land Tenure into Freehold Land Tenure Rules, 1996.

7 Sep 2021

The dispute arose from the Estate Officer's refusal to convert leasehold residential plots in Chandigarh to freehold under the Chandigarh Conversion o...

Supreme Court

Supreme Court Upholds Consumer Commission Order Directing Builder to Refund Amount with Interest in Flat Possession Delay Case. Builder's Appeal Dismissed as Subsequent Purchaser Entitled to Interest from Deposit Dates Under Consumer Protection Act, 1986, Despite Force Majeure Claims.

22 Jul 2021

The dispute arose from a consumer complaint filed by the purchaser against the builder for delayed possession of a residential flat. The original allo...

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 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 Bank's Appeal in Consumer Dispute Over Insurance Deficiency — Bank Not Liable for Failure to Insure Hypothecated Assets Where Contract Imposed Primary Obligation on Borrower. The Court held that the bank's liberty to insure did not create a duty, and the borrower's indemnity clause shielded the bank from liability for uncovered losses.

20 May 2020

The appellant, Canara Bank, had extended credit facilities to the respondent, Leatheroid Plastics Pvt. Ltd., since 1980. On 4th January 2001, the bank...

Supreme Court

Supreme Court Upholds Insurance Claim for Helicopter Damage During Transit — Storage and Assembly at Intermediate Point Held Within 'Ordinary Course of Transit' Under Marine Insurance Policy. The court affirmed that a transit marine insurance policy covers the entire journey from origin to final destination, including intermediate halts for assembly, and repudiation of claim amounts to deficiency in service.

1 Jan 2020

The case involves a dispute between Bajaj Allianz General Insurance Co Ltd (appellant) and the State of Madhya Pradesh (respondent) regarding a transi...

Supreme Court

Supreme Court Allows Revision Petition in Consumer Execution Proceedings. Holds that Execution is Continuation of Consumer Dispute Under Section 21(b) of Consumer Protection Act, 1986.

6 May 2019

The present Civil Appeal arose out of execution proceedings initiated by the Respondent-Complainant, K. A. Nagamani, against the Appellant, Karnataka ...

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