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Tuesday, October 3, 2023

Consumer protection_Supreme Court_burden to prove_highly disputed questions of facts

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  12. The proceedings before the Commission being summary in nature, the complaints involving highly disputed questions of facts or the case...

Consumer Protection_Supreme Court_ post possession_consumer complaint

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Para 11 The conduct of the respondents, the NCDRC recorded in the impugned order, was far too casual and on the face of it, the respondents ...

Consumer Law-pedantic and hyper-technical approach would cause damage to the very concept of consumerism

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  Consumer Law - A pedantic and hyper-technical approach would cause damage to the very concept of consumerism Para 23 In light of the afore...
Sunday, July 16, 2023

distinction amongst pleading under CPC,Writ Petition and counter Affidavit

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What is distinction between pleading under CPC,Writ Petition and counter Affidavit?  It is necessary to make a mention at this juncture abou...
Thursday, July 13, 2023

no one can take advantage of his own wrong

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  It is relevant in this context to quote the maxim "nullus commodum capere potest de injuria sua propria meaning no man can take advan...
Tuesday, June 27, 2023

No possession period in BBA_Agreement_Reasonable possession period

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  Hon’ble Apex Court in case M/s Fortune Infrastructure (now known as M/s Hicon Infrastructure) & anr. 2018 STPL 4215 SC has laid down a...
Wednesday, June 14, 2023

Concealment of material fact

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  Order of the Hon’ble High Court of Calcutta in the case of  Bhriguram De v. State of W.B., 2018 SCC OnLine Cal 8141 ,  decided on 20.09.20...
Tuesday, May 31, 2022

Real Estate_NCDRC_ reasonable delay_offer of possession

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  the delay of one year and two months cannot be said to be unreasonable.  Vineet Kumar versus DLF Universal Ltd. I (2019) CPJ 444 (NC)
Monday, March 14, 2022

Suo motu order extending limitation period also applies to filing of written statement: Supreme Court

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Case name: Prakash Corporates vs Dee Vee Projects Limited [Civil Appeal No(s). 1318 of 2022 arising out of S.L.P. (C) Nos. 13751 of 2021] Co...
Wednesday, July 28, 2021

Real estate_Transfer of allotment after BBA but before conveyance/sale_ permissible

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  Supreme Court of India in   DLF Universal Ltd. & ANR. Vs Director, T. & C. Planning Haryana & Ors. With Civil Appeal No. 55...
Monday, January 18, 2021

The Haryana Real Estate Appellate Tribunal_ promoter liability_possession period in BBA and completion period RERA Registration Certificate

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  With respect to the liability of a promoter regarding the possession period in BBA of pre-RERA time and completion period of an ongoing pr...
Saturday, January 2, 2021

NCDRC_If a petition is totally bereft of merit, no notice is required

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  NCDRC_If a petition is totally bereft of merit, no notice is required 11.      The argument made by learned senior Counsel, in the hearing...

NCDRC_determining the pecuniary jurisdiction_value of the goods or services paid as consideration_Consumer Protection Act, 2019

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 NCDRC_determining the pecuniary jurisdiction_value of the goods or services paid as consideration_Consumer Protection Act, 2019 8.       It...

NCDRC_No holding charges_2020

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  15.    The opposite party is claiming holding charges from the complainant, but, in view of the decision of this Commission in Capital Gre...
Monday, December 7, 2020

NCDRC_Complainant_consumer_real estate_apartment booking_2020

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  8.        We have given a thoughtful consideration to the arguments advanced by the learned counsel for the parties and have examined the ...
Friday, November 6, 2020

Supreme Court_Ongoing project_effect of RERA Registration_entitlement of possession period_Builder Buyer Agreements_BBA_Agreement to sell

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  33. We may now consider the effect of the registration of the Project under the RERA Act . In the present case the apartments were booked ...
Monday, November 2, 2020

NCDRC_Supreme Court_Time of filing reply_Consumer Protection Act

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As held by the Hon’ble Supreme Court in  Civil Appeal No.10941-10942 of 2013 - New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Stor...

Supreme Court_NCDRC_ compensation_no possession of apartment

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.............the Hon’ble Supreme Court in  Ghaziabad Development Authority versus Balbir Singh, (2004) 5 SCC 65  to impress that compensatio...
Friday, August 21, 2020

[Cancellation Of Written Instruments] Action Instituted U/s 31 Specific Relief Act Is Arbitrable As It Is Not An Action In Rem: SC

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  The Supreme Court has held that an action instituted under section 31 of the Specific Relief Act, 1963 is not an action in rem, but an act...
Thursday, August 6, 2020

More than one Units/Flats/Apartments_Consumer_NCDRC

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Case No. Complainant Respondent CC/975/2017 RAJEEV KUMAR SINGH JAI PRAKASH ASSOCIATES LTD. & ANR.   NATIONAL CONSUMER DISPUTES R...