Consumer Protection Act, 1986, Section 23 -- Apartment buyer's agreement - Delay of handing over possession - Builder offered physical possession of flat only on remitting of payments as per statements of accounts - Since the offer for possession was conditional on settling of accounts as accounts reflected illegal demand, there was no valid offer for possession - Order..........
Consumer Protection Act, 1986, Section 23 -- Apartment buyer's agreement - Delay of handing over possession - Delayed compensation - Quantum of delayed compensation has been enhanced by builder themselves along with provision for enhancement with respect to delay in payment if made by allottee in taking possession - National Commission in such circumstances, ought not to..........
Consumer Protection Act, 1986, Section 14 -- Apartment Buyer's Agreement - Delay in handing over possession of apartment - Refund of amount - Consumer Court has power and jurisdiction to direct refund of money and to compensate for deficiency in not delivering apartment as per terms of agreement...........
Consumer Protection Act, 1986, Section 14 -- Apartment Buyer's Agreement - Delay in handing over possession of apartment - Refund of amount - Where clauses of agreement are one sided, consumer is not bound to accept possession of apartment and can seek refund of amount deposited by her with interest...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Theft of vehicle - Delay in informing Insurance Company - Repudiation of claim on ground of delay by Insurance Company - When complainant had lodged FIR immediately after the theft of vehicle and police after investigation arrested the accused and filed challan and when claim of insured is found to be genuine,..........
Consumer Protection Act, 1986, Section 2(1)(g), 24A -- Allotment of house - Cancellation - Delay in challenging cancellation - Cancellation of allotment took place in 2000 - No challenge made to such cancellation of allotment - Cause of action became barred by time much prior to policy decision in 2009 - Even otherwise, policy decision would not revive registration of..........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Theft of vehicle - Delay of 7 days in lodging FIR and delay of 78 days in intimating to the Insurance Company - District Forum and State Commission passed an award to pay the insured amount but National Commission set aside the order - Delay in lodging FIR need not to be considered, in the instant case, as plea..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Train - Late arrival - Compensation - Railways to prove that delay occurred because of reasons beyond their control - Railways is liable to pay compensation for the delay and late arrival of trains when no evidence is led that delay was beyond their control and there is no justification for delay...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Written statement - Delay of 7 days beyond 30+45 days in filing written statement - Condonation of delay - Application for condonation of delay dismissed relying upon case of New India Assurance Company Limited - However, application for condonation of delay was filed prior to said judgment - Said judgment..........
Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - Allotment of flat - Delay in handing over possession of flat - Condition in letter of allotment that in case seller failed to hand over possession in time, payment of compensation @ 2 per sq ft has to be paid to purchaser - If buyer failed to pay installments, he has to pay substantially higher rate..........
