Incorporation of One-Sided Clauses in an Agreement Constitutes Unfair Trade Practices: NCDRC

Incorporation of one-sided clauses in the agreement where the buyer is expected to sign on the dotted lines having no other option would amount to unfair trade practices under the Consumer Protection Act, 1986.

How to choose between RERA and NCDRC?

The Hon’ble Supreme Court’s decision is a watershed moment for homebuyers and allottees. A number of findings in the current judgment support this conclusion, including parallel remedies under RERA and the Consumer Protection Act.

How to execute RERA, NCDRC, and Consumer Court Order

The article speaks about the legal remedy or solution as to how an order passed by RERA or consumer court or others fixing any debts and liability can be executed or honored.

NCDRC vs RERA vs IBC, Which Is the best mechanism for consumers to get timely relief

Supreme Court allowed several buyers to join their suit property in order to increase valuation of their dispute and approach the NCDRC however buyers still find it difficult to get timely relief from the NCDRC.

SC denies to put stay on NCDRC’s order of allowing homebuyers to move against JAL

The Apex court of the country has denied to put stay on the NCDRC’s order allowing the homebuyers of JayPee Infratech Ltd. to move against the parent company Jai Prakash and Associates for compensation and possession of their respective flats.

Can financial creditor approach NCLT while the petition is pending in NCDRC?

The homebuyers who wish to seek refund of their amount are legally entitled to approach National Company Law Tribunal (NCLT) under IBC.

“Possession can’t be delayed again and again for homebuyers” NCDRC

The possession of flats booked by homebuyers can’t be delayed. The apex consumer commission has said as it asked a private builder to refund the amount paid by its customers. The National Consumer Disputes Redressal Commission (NCDRC) pointed that possession was not given to homebuyers even after 5 years and asked New Delhi-based Adel Landmarks Limited … Continue reading ““Possession can’t be delayed again and again for homebuyers” NCDRC”

Is your house stuck in a stalled real estate project? How did homebuyers take on builders to get their houses?

Some of the legal remedies available for the homebuyers of stalled real estate projects against builders in case of disputes or grievances. Homebuyers can protect themselves from builders in India and ensure that they get their dream home without any hassles.

Apex Court redefines the ambit of the definition of a consumer with reference to commercial transactions

It was held that the Consumer Complaint of the appellant is not maintainable as the appellant is not a consumer as per section 2(1) d of the Consumer Protection Act,1986.

Voluntary Consumer Association

Once a voluntary consumer association is registered in the Societies Registration Act, it will be deemed to be a recognized consumer association unless it is a voluntary association of the consumers.

Unreasonable maintenance charges charged by builder

Real Estate sector has grown beyond expectations in recent times, it has also brought various duties and responsibilities for all the people involved. One of such responsibility lies on the shoulder of the promoter or the developer.

Flat buyers associations are consumers for builders and are entitled to file complaint before Consumer Forum

Hon’ble Supreme Court has reiterated and upheld that legal position of the Flat Buyers Association as consumer and has also made it clear that the builder cannot occupy any place, without the permission of the association, after the project is handed over.