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Supreme Court

Supreme Court Dismisses Developer's Appeal in Consumer Dispute Over Delayed Possession and Refund. The court upheld the National Consumer Disputes Redressal Commission's order for refund with interest, rejecting the developer's argument that possession delivery period should start from Fire NOC date under the Apartment Buyers Agreement, as construction had commenced earlier.

21 Jan 2022

The appeals arose under Section 23 of the Consumer Protection Act, 1986 from the decision of the National Consumer Disputes Redressal Commission on co...

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 Upholds Class Action by Homebuyers Under Section 35(1)(c) of Consumer Protection Act, 2019 — Builder's Objection on Miniscule Percentage Rejected. Commonality of Interest Found in Delay in Possession and Unfair Trade Practices, Allowing Representative Complaint for All 1134 Apartment Purchasers.

17 Dec 2021

The case involves an appeal by Brigade Enterprises Limited, a builder, against an order of the National Consumer Disputes Redressal Commission (NCDRC)...

Supreme Court

Supreme Court Dismisses Appeal Against NCDRC Order Condoning Delay in Filing Written Statement — Prospective Application of Limitation Period Under Section 13 of Consumer Protection Act, 1986. The Court held that the NCDRC's discretion exercised before the Constitution Bench judgment in New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage Pvt. Ltd. was valid and not liable to be interfered with.

14 Dec 2021

The appeal arose from an order of the National Consumer Disputes Redressal Commission (NCDRC) dated 25 February 2020, which condoned a delay of 100 da...

Supreme Court

Supreme Court Allows Housing Board Appeal in Consumer Dispute Over Cancellation of Registration — Limitation Bar Under Section 24A of Consumer Protection Act, 1986 Applied. The Court held that the consumer complaint filed 11 years after cancellation was time-barred and the allottee was in default.

11 Dec 2021

The Supreme Court allowed the appeals filed by the Rajasthan Housing Board against the judgment of the National Consumer Disputes Redressal Commission...

Supreme Court

Supreme Court Dismisses Hospital's Appeal Against NCDRC Order Exonerating Insurer in Medical Negligence Case. Insurance Policies Taken by Doctors Cannot Be Used to Fasten Liability on Insurer for Hospital's Own Negligence.

11 Dec 2021

The appellant, M/s Sheth M L Vaduwala Eye Hospital, a charitable trust registered under the Bombay Public Trust Act, 1961, conducted an eye camp betwe...

Supreme Court

Supreme Court Sets Aside NCDRC Order Compelling Amendment of Consumer Complaint in Insurance Claim Dispute. Complainant is Dominus Litis and Cannot Be Forced to Amend Pleadings.

9 Dec 2021

The appellant, M/s Acme Cleantech Solutions Private Limited, filed a consumer complaint before the National Consumer Disputes Redressal Commission (NC...

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 Allows Land Owner's Appeal in Consumer Case, Holding No Joint Liability for Developer's Default. Collaboration Agreement and Tripartite Agreement Did Not Impose Obligation on Land Owner to Flat Buyers Under Consumer Protection Act, 1986.

7 Dec 2021

The appeals arose from a common judgment of the National Consumer Disputes Redressal Commission (NCDRC) allowing a complaint by flat buyers against a ...

Supreme Court

Supreme Court Allows Appeal in Consumer Protection Case, Directs Consideration of Condonation of Delay Application on Merits. The Court held that the Constitution Bench judgment in New India Assurance Company Limited vs. Hilli Multipurpose Cold Storage Pvt. Ltd. operates prospectively, so applications for condonation of delay filed prior to it must be considered on merits under Section 13(2)(a) read with Section 18 of the Consumer Protection Act, 1986.

6 Dec 2021

The appeal arose from a decision of the National Consumer Dispute Redressal Commission (NCDRC) dated 19th November 2020, which dismissed an interim ap...

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