Section 12 -- Illegal seizure of Hypothecated vehicle – Compensation to owner -- Complainant shall be entitled to the compensation/loss suffered because of not plying of the vehicle seized and sold illegally -- Nothing on record regarding loss suffered because of not plying the vehicle -- Appellant directed to pay the compensation/damages towards loss suffered because of not plying of the vehicle at Rs. 5000/- per month from the date of the picking up of the vehicle i.e., 19.12.2004 till 31.12.2007 with interest @ 7.5% from December, 2004 till the actual payment within a period of six weeks.

(SC) Decided on: 04.11.2022

Section 13(2)(a) -- Consumer complaint -- Delay in filing written statement -- Condonation of delay – Application was filed prior to the judgment of the Constitution Bench – Held, said application for condonation of delay ought to have been considered on merits and should not have been dismissed on the basis of the Constitution Bench judgment in the case of New India Assurance Company Limited, (2020) 5 SCC 757, because the said judgment was to operate prospectively.

(SC) Decided on: 08.07.2021

Section 13 – Written statement by opposite party – Extension of time – Power of District Forum -- District Forum has no power to extend the time for filing the response to the complaint beyond the period of 15 days in addition to 30 days as is envisaged under Section 13 of the Consumer Protection Act -- Judgment to operate prospectively. Referred questions answered.

(SC) Decided on: 04.03.2020

Section 13 – Written statement by opposite party – Commencing date -- Commencing point of limitation of 30 days under Section 13 of the Consumer Protection Act would be from the date of receipt of the notice accompanied with the complaint by the opposite party, and not mere receipt of the notice of the complaint -- Judgment to operate prospectively. Referred questions answered.

(SC) Decided on: 04.03.2020

Section 13(2)(a)(b) – Service of summons without complaint – Written statement – Non-receipt of complaint with summons – Objection of -- Objection of not having received a copy of the complaint along with the notice should be raised on the first date itself and not thereafter, otherwise if permitted to be raised at any point later would defeat the very purpose of the Act, which is to provide simple and speedy redressal of consumer disputes. Judgment to operate prospectively.

(SC) Decided on: 04.03.2020

Section 23 -- Haryana Real Estate (Regulation and Development) Rules, 2017, Rule 15 -- Delayed possession of flat – Refund with interest – Right of Flat purchaser –Appellant/ Builder failed in obtaining the Occupancy Certificate and offering possession of the flat to the Respondent/ Purchaser within the time stipulated in the Agreement, or within a reasonable time thereafter – Respondent/ Flat Purchaser could not be compelled to take possession of the flat, even though it was offered almost 2 years after the grace period under the Agreement expired – Respondent/ Flat Purchaser held entitled for refund of the entire amount deposited by him with Interest – National Commission rightly awarded Interest @10.7% S.I. p.a. by applying Rule 15 of the Haryana Real Estate (Regulation And Development) Rules, 2017 from the date of each installment till 05.02.2017 i.e. till the date after which the Order of stay of cancellation of the allotment was passed; and thereafter, from the date of the Commission’s final Order till the date on which the amount is refunded with Interest -- Civil Appeals dismissed, and the Final Judgment and Order passed by the National Consumer Disputes Redressal Commission affirmed.

(SC) Decided on : 02.04.2019

Section 23 -- Purchase of flat – Unfair terms and conditions – Effect of -- Terms of the Apartment Buyer’s Agreement were wholly one-sided and unfair to the Respondent/ Flat Purchaser – Appellant/ Builder could not seek to bind the Respondent with such one-sided contractual terms.

(SC) Decided on : 02.04.2019