Tag: NCDRC

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NCDRC Orders Kakade Construction to Refund or Provide Flats

PUNE: The National Consumer Disputes Redressal Commission (NCDRC) has stated that a builder’s inability to complete a project and deliver possession in a timely manner constitutes a clear deficiency in service and an unfair trade practice. According to the NCDRC bench, led by Justice Sudip Ahluwalia and member Sadhna Shanker, “A homebuyer cannot be expected to wait indefinitely for possession. In cases of significant delays, the consumer is entitled to a refund with applicable interest and compensation.” This ruling was based on a Supreme Court judgment from 2020. The bench has mandated that Kakade Construction Company Private Limited, based in…

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Supreme Court: Homebuyers Can Seek Relief for Possession Delays

NEW DELHI: Homebuyers can raise complaints regarding deficiencies in services even after taking possession of a flat, as per a ruling by the Supreme Court. The court affirmed that homebuyers have the right to approach consumer forums for compensation related to delayed possession, irrespective of having already received the flat. The Supreme Court overturned a decision by the National Consumer Disputes Redressal Commission (NCDRC), which had stated that a homebuyer loses consumer status upon receiving possession and therefore cannot claim compensation for delays. The court clarified that any arbitration clause in the agreement will not prevent homebuyers from seeking resolutions…

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Renting a Flat Doesn’t Strip Homebuyers of Consumer Rights: SC

NEW DELHI: The Supreme Court has ruled that simply renting or leasing out a residential apartment does not automatically remove the buyer’s status as a “consumer” eligible for rights under consumer protection laws. A bench composed of Justices Prashant Kumar Mishra and N V Anjaria stated that the responsibility lies with the property builder to demonstrate that the primary reason for purchasing the apartment was for “commercial purposes” to exclude the buyer from being classified as a “consumer.” The bench noted that section 2(1)(d) of the Consumer Protection Act defines a “consumer” as anyone who purchases goods or services for…

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SC Orders Builder to Refund Over ₹43 Lakh with 18% Interest

Supreme Court of India NEW DELHI: On Wednesday, the Supreme Court instructed a real estate firm to refund over Rs 43 lakh to a plot buyer, along with 18 percent interest. The apex court increased the compensation rate ordered by the National Consumer Disputes Redressal Commission (NCDRC) which was set at 9 percent on the same amount payable by M/s Business Park Town Planners Ltd. A bench consisting of Justices Dipankar Datta and Augustine George Masih partially granted the appeal made by Rajnish Sharma against the firm. Sharma claimed delays, unfair charges, and harassment related to a plot booking made…