In this post we will discuss about the most recent landmark judgment of The Hon’ble Supreme Court in which it held that even after taking the possession of Flat/Unit/house and doing conveyance deed later, the homebuyer/complainants are entitled for delay interest or compensation. It is a very rare chance that a consumer forum or state … Read more
In this post we will discuss about an alternate remedy which is available to home buyers under The Consumer Protection Act for delay in possession by the builder. You can complaint against Country Colonisers Pvt. Ltd either in RERA or Consumer Forum depending upon your choice but you cannot file in both, clearly. So keep … Read more
In this post we will discuss about Agreement to Sell under The RERA Act, 2016 and various compliances related to this agreement. Agreement for Sale – RERA Punjab website provides the sample format for this where you can find clauses like Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by … Read more
Builder not liable for compensation if delay is by Government Department. In this post we will discuss about the case of Ultratech developers wherein the buyer was granted interest for the period of delay but no compensation was awarded because the respondent was not responsible for delay. Rajat Chawla v. M/s Ultratech Township Developers Pvt. … Read more
Bureaucratic delays not an excuse for filing appeals beyond the period of limitation. In this post we will discuss about the law of limitation and whether government bodies can file a case beyond this period of limitation on the grounds of bureaucratic delay. Real Estate (Regulation and Development) Act (RERA) is an act passed by … Read more
This post talks about Jurisdiction of AFT CAT , NCLT DRT, High Court Chandigarh & District Court across tricity with relevant statute and weblink of the same. JURISDICTION OF VARIOUS COURTS/ TRIBUNALS/ JUDICIAL BODIES Supreme Court The Supreme Court has an original and exclusive jurisdiction to decide on disputes between the states or the centre … Read more
This post is a consumer complaint against allen institute for deficiency of services wherein the fee refund order of court below was upheld in the favour of student. Let’s have the case now. Allen Career Institute v. Anil Kumar Sharma NAME OF THE COURT- State Consumer Disputes Redressal Commission DATE OF DECISION- 8th April, 2019 … Read more
In this post we will discuss about the quasi-retroactive application of the RERA ACT, 2016 and whether it is applicable when the transactions are still in the process even though the sale agreements had been executed before the Act came into force. Judgment Digest: Anjana Goyal and Another vs Sushma Buildtech Ltd. This recent judgment … Read more
Whether or not the agreement to sell should be registered or not answers this post. Though the RERA Act mentions the registration of agreement to sell but still there is void in Registration & Stamp Act which doesn’t spell out agreement to sell should be registered or not? So unless the central act is amended … Read more
In this post we will discuss about dismissal of writ petitions in consumer cases when an alternative remedy is provided by the law before Punjab Haryana High Court Chandigarh Article 32 and Article 226 of the Constitution provide two separate but parallel provisions of writ jurisdiction with the Supreme Court and High Courts respectively. The … Read more
On 13th December 2018, in a suit before the Haryana Real Estate Regulatory Authority (HRERA), Panchkula, seeking compensation for delayed possession of the property, The Adjudicating Officer, Anil Kumar Panwar,ruled in favour of the Complainant, thus,awarding him interest on the sales consideration at the rate prescribed in Rule 15 of The Haryana Real Estate (Regulation … Read more
In this case, we will cover and give an overview of the case Mahindra Holidays & Resorts vs Deepak Kumar Verma and it will give you a brief yet precise outline regarding all the major facts and issues involved in this particular case which basically revolves around claiming, transfer of property under Consumer Protection Act, … Read more
In this Digitilise world everyone facing new era of business, commerce, branding, advertisation process. With this advancement of commerce sector, the expectation of consumer rises. Digitisation gives ample of choices, convenient payment mechanism, improved services and shopping as per convenience. No doubt, new initiatives have always pros and cons. This growing path of technology and … Read more
This post is a case digest on consumer complaint against FIITJEE Ltd wherein the student dropped out of the course and seek entire refund from the institute. The student won the case before District Forum but Institute challenged it before State Consumer Commission where the order of Forum was upheld and the institute was asked … Read more
This post is a case digest of Consumer Complaint against Bharti Airtel wherein the amount for net pack was wrongly deducted from the main mobile account whereas the complainant was having a valid internet pack. District Consumer decided the complaint in favour of complainant and this awarded punitive action to Airtel Bharti. Thereafter company went … Read more
This post is a case digest on Haryana RERA Panchkula Complaint against Samar Estates wherein the project was standstill and no longer near completion. Keeping in the interest of allottees the Haryana RERA Panchkula Authority order State Government and Town Country Planning and Department to see feasibility if they can take over the project and … Read more
This post covers RERA Punjab Complaint against ATS Estate Private Ltd before Adjudicating Officer wherein the refund of entire amount was allowed along with interest & further compensation for delay in possession on account of mental agony, pain and harassment. RERA Punjab Authorities are strict for builder for defying possessions timeline where customer suffers for … Read more
The GST was implemented on 1 July 2017 and has transformed the Indian economy with its ‘One Nation, One Market, One Tax’ principle, therefore bringing uniformity in taxation across the country. While the GST regime has simplified taxation of various goods and services, it has continued to be a roadblock in the growth of Real … Read more
This post covers judgment of Haryana RERA Panchkula Complaint against TDI Infrastructure wherein complainant sought refund of money from the project along with interest and delay compensation on account of non-timely delivery of possession. The relief of refund of relief was not accepted but interest of account of delay was awarded to the complainant. The … Read more
This post is a judgment digest of Haryana RERA Panchkula Complaint against Piyush Buildwell wherein the builder demanded higher amount for conveyance deed which was not as per agreed terms of builder buyer agreement. Hence court directed to take reasonable amount for getting conveyance deed done. Also Read- Execution of Rera Panchkula Orders In combine … Read more
This post is a judgment digest of Haryana RERA Panchkula Complaint Ultratech Township Developers Pvt Ltd which was dismissed by Adjudcating Officer (AO) Panchkula since the matters stands finalized by RERA Authority and no appeal was preferred. Thus the court decided the same matter cannot be reopened again by applicant at this point of time. … Read more
Post Covers RERA Punjab Complaint against Country Colonizers Private Limited for delay in possession and getting monthly interest from the builder till valid legal offer of possession is made. In this post, we bring you a judgment digest of a case of Punjab RERA Complaint against Country Colonizers Private Limited for delay in possession and … Read more
Post covers powers of Adjudicating Officer RERA (AO) at Panchkula Haryana RERA Authority and Punjab RERA. Sole claims of compensation entertained after Newtech judgment and refund-interest prayer not to be nixed. Due to the rapid growth of the Indian economy and the continuous migration of people from rural to urban areas, the need of housing … Read more
Post is about forfeiture by builder of earnest amount while buying a unit in any project and what is the RERA rule regarding it. Let’s read. There are many instances where Builders unilaterally cancel the allotment of unit and forfeit the money of home buyer. The said practise of Builders has been done to cover … Read more
Post covers quick facts RERA about Haryana Panchkula Authority and Punjab Authority at Chandigarh. Here in this post, we will cover quick facts about Haryana RERA Panchkula Authority and Punjab RERA Authority at Chandigarh. Both these authorities are working stead fast to solve the problems of homebuyers in the region be it delay in possession, … Read more
Post Covers Consumer Complaint for Chandigarh Panchkula Mohali and how you can file it in District and State Commissions with the help of Expert consumer lawyer. In our day to day lives, every individual becomes a consumer in some way or other. The Consumer Protection Act, 2019 protects the consumers and their rights and interests … Read more
In this post we are going to discuss the most recent consumer complaint decided against the builder namely Singla Builders & Promoters (SBP) decided on 10.04.2018 by State Consumer Disputes Redressal Commission (SCDRC) Chandigarh Here is a particular case where consumer preferred consumer complaint against SBP whose facts are shared below: Party Name – Usha … Read more
In this post we are going to discuss the most recent consumer complaint decided against the builder namely Omaxe Chandigarh Extension decided on 10.09.2019 by State Consumer Disputes Redressal Commission (SCDRC) Chandigarh. Omaxe Chandigarh Extension Consumer Complaint Let’s break the entire judgment and get straight to facts: Party Name – Alka Khera, Dheeraj Dumir CC/62/ … Read more
Recently Zirakpur police has nabbed owner of ‘Fly Abroad’ in Badal Colony for running an illegal Visa firm and promising youth of going abroad on false pretexts He is been booked under:Bottom of Form (a) Section 24 in the Emigration Act, 1983 24. Offences and penalties.— (1) Whoever— (a) except in conformity with the provisions of this … Read more
What do you think; finding a bridegroom or bride online is that easy? No it is not. It should be very clear for all the online matrimonial websites like Shaadi.com, Jeevansathi.com etc, and agencies like wedding wishes not to over commit or over promise in their attempts to allure a customer. Because when the promises … Read more
Insurance Ombudsman Rules, 2017 have been formulated by the government for quick resolution of disputes amongst insurance companies and consumers. Procedure to lodge a complaint with the insurance ombudsman 1. The award of insurance ombudsman is binding on the insurance company and they can’t challenge it before any court of law whereas consumers can assail … Read more
A country’s GDP depends upon the cash flow in its economy, and an economy flourishes only if the customers in it, are happy or they have a mechanism for being protected against the trade practices which would be considered unethical by a reputed company. In the year 1986, the first act for better protection of … Read more
Let us know the top 10 things about Consumer Forum Mohali 1 Address- SCF 72, 2nd-3rd Floor, Phase 2 (Sector 54), SAS Nagar (Mohali), Punjab . 2 Members– Sorry, not able to find it yet. 3 Jurisdiction– Zirakpur, Derabassi, Mohali, Landran, Kharar, SAS Nagar, Banur, Kurali, Balongi, Sohana, etc. All cities and villages coming in District … Read more
With the increase in the number of immigrants from India, many other people have found their fraud business in the same. Such cheaters have gripped many immigrants and affected the dreams of many.But there are many immigrants who are well aware of the fake identity and flee to foreign countries fraudulently. According to a data … Read more
With rising importance of consumers and their contribution in growth of the economy, the importance of protection of consumer rights, fair & transparent transactions is ever than before. Everyday thousands of decisions are passed by consumer courts spread across the city directing various orders to either remove the deficiency or make a refund and compensate. … Read more
Recently, cases wherein builders or purchasers causing unreasonable delay in handing over the possession of the property are on a rise. The builders refuse to handover the property even after the amount agreed has been paid by the buyer. The buyers are left in a lurch without no affirmation whatsoever. It happens so often that … Read more
Consumer Protection Act, 1986 is an Act of the Parliament of India enacted in 1986 to protect the interests of consumers in India. Who is Consumer? According to Consumer Protection act 1986, Any individual who purchases products or services for his personal use and not for manufacturing or resale is called a consumer. Who is … Read more
In cases where students have to pay the whole year fees to the institutes for the course, and in any circumstances, they demand the refund of fees due to non-continuance of course for the unavoidable situation; the institute cannot deny paying the fee due to the pre-mentioned clause of non-refundable fee. In such cases, the … Read more
RERA is an act enforced in 2016 in order to help the citizens investing in real estate industry. RERA stands for Real Estate Regulation and Development Act. This particular act is to be established in each state for achieving quick end to a dispute related to real estate and further simplifying the investments made by … Read more
The Consumer Protection Act , 1986 was solely made for the protection of consumers from unfair trade practices and spurious goods. The Act gave the voice to consumers to protest against any injustice being meted out to Consumers. With the rise of consumerism and online commerce, it is becoming difficult for District Consumer Forums across … Read more
Not everyone knows but it is true that after winning your consumer case in District Consumer Disputes Redressal Forum (Chandigarh Panchkula Mohali ) or State Consumer Disputes Redressal Commission (Punjab & Haryana) you may have to file execution proceedings in the same Court in the event of Opposite Party (OP) not obliging the hon’ble court’s … Read more
Yay! We all love shopping. Don’t we? And with the increasing number of commerce in our lives, we are going to be the biggest consumers of our generation. Thanks to the advertisements and web that has boosted online buying space. But beware! Not all sellers are genuine and some are fake too. This paves way … Read more
Commercial Projects Bought For Livelihood Covered Under Consumer Act. Consumer Protection Act does not deal with the goods or services to be purchased for commercial purpose unless it is purchased for the purpose of earning a livelihood. Also Read- NO SERVICE TAX TO DEVELOPERS The honourable National Commission stated that the intention behind the amendment of … Read more
The Consumer Dispute Redressal Forum has granted an award to pay Rs.52,000 to an Ambala Resident after she filed a complaint on the unsatisfactory service of a matrimonial match-finding firm. Also Read- CONSUMER COMPLAINT AGAINST ELECTRICITY DEPARTMENT Neha Aggarwal, residing at Ambala has approached WEDDING WISH Pvt. Ltd., a matchmaking firm to find a match to … Read more
RELIEF OF RS.13L AWARDED TO MAN BY THE CONSUMER FORUM AFTER HE WAS DECIEVED BY AN IMMIGRATION CONSULTANCY Also Read- Victim of Immigration Fraud De Montreal Recruitment Limited is a Chandigarh based immigration consultancy. Varinder Singh has approached this firm in 2016 through their website , paid Rs. 12.4L and later deposited relevant documents and his … Read more
State Commission is under Consumer Protection Act,1986. Section 16: states that State Commission consist of . President : President is a person who is or was a judge of High Court . State Government appoints the President with consultation of Chief Justice of High Court. Members: The members number is not defined as any number … Read more
This time ‘ATS Green Golf Meadows’ has to face the music from Punjab State Consumer Dispute Redressal Commission for causing delay in possession of the unit to consumer who had approached the forum on account of deficiency in services. See Also- CONSUMER COURT- A QUICK GUIDE FOR TRICITY Facts 1 Applicant booked the plot in 2005. … Read more
This was the first question that people asked when RERA was introduced. What’s going to happen with pending complaints? Would consumer courts stop entertaining the complaints against builder? The answer was No. Fortunately! See also- HOW TO MAKE COMPLAINT UNDER RERA It was left at the option of consumer to choose the platform of redressal. Sec … Read more
In a recent case where High Court of Punjab and Haryana has issued notice to CBI , DGP UT in a case of whopping Rs 21 crore immigration fraud, this is just the tip of iceberg. Foreign Horizon Overseas Consultants is stated to have cheated 373 people of Rs 21 crore. That’s huge. … Read more
Straight to Fact- Everyday in Consumer Courts across the country, more than 50% case in daily causelist are against builders, real estate projects promoters, Property Developers and new upcoming mushrooming societies that promises consumers to get modern living apart from other high end civic amenities like Gym, Club, recreational centers, Parks, Shopping , etc…. List … Read more
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