RERA & Consumer Law Precedents Digest
Landmark Supreme Court rulings on Section 18 RERA delayed possession interest and refund, concurrent remedies across Consumer Courts (NCDRC), RERA and NCLT, and homebuyer compensation principles.
Experion Developers Pvt. Ltd. v. Sushma Ashok Shiroor
Statutory interest rate under RERA (SBI MCLR + 2%) is compensatory and restorative.
Gurmel Singh v. Branch Manager, National Insurance Co. Ltd.
Insurance companies cannot reject genuine claims on hyper-technical grounds.
Ireo Grace Realtech Pvt. Ltd. v. Abhishek Khanna
Homebuyers cannot be compelled to wait indefinitely; developers in breach of completion timelines must refund deposits with statutory interest under RERA.
Newtech Promoters and Developers Pvt. Ltd. v. State of U.P.
RERA applies retroactively to ongoing projects; Authority has absolute power to order refund.
SGS India Ltd. v. Dolphin International Ltd.
The Supreme Court delivered an authoritative ruling on the burden of proof in commercial consumer disputes under the Consumer Protection Act. The Court held that the initial burden of pro...
DLF Homes Panchkula Pvt. Ltd. v. D.S. Dhanda
Multiple heads of compensation cannot be awarded for single default of delay in flat delivery.
Imperia Structures Ltd. v. Anil Patni
Remedies under RERA and Consumer Protection Act are concurrent; buyer can choose consumer forum.
New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage
Constitution Bench holding that consumer forums cannot extend the 30-day period for filing written version beyond the 15-day grace period; the 45-day statutory limit is mandatory.
Wg. Cdr. Arifur Rahman Khan v. DLF Southern Homes
Homebuyers are entitled to compensation for delayed possession at 6% p.a. even after accepting conveyance; standard one-sided builder clauses are void as unfair trade practices.
Arun Kumar Manglik v. Chirayu Health & Medicare Pvt. Ltd.
Standard of medical care expected from hospitals; failure to monitor vitals constitutes negligence.
Pioneer Urban Land & Infrastructure Ltd. v. Govindan Raghavan
One-sided, unreasonable builder-buyer agreements constitute Unfair Trade Practice and are void.
Pioneer Urban Land & Infrastructure Ltd. v. Union of India
Homebuyers recognized as Financial Creditors with statutory rights to initiate IBC proceedings.
Fortune Infrastructure v. Trevor D'Lima
Allottee cannot be made to wait indefinitely for possession; entitled to seek full refund.
Magma General Insurance Co. Ltd. v. Nanu Ram
Landmark MACT ruling expanding consortium into three distinct heads: spousal, parental, and filial consortium, awarding compensation to parents and children for loss of love and affection.
United India Insurance Co. Ltd. v. Sunil Kumar
3-Judge Bench held that in a claim under Section 163A Motor Vehicles Act, the claimant is not required to plead or establish negligence, and the insurer cannot raise negligence defence.
National Seeds Corporation Ltd. v. M. Madhusudhan Reddy
Farmers purchasing seeds for agricultural livelihood are 'consumers' under Consumer Protection Act; CPA remedies are in addition to and not in derogation of other laws.
Raj Kumar v. Ajay Kumar
Supreme Court established the three-step formula to distinguish permanent physical disability from loss of earning capacity (functional disability) in motor accident claims.
Kusum Sharma v. Batra Hospital
Formulated the 11 comprehensive principles governing medical negligence liability, establishing that an error of judgment is not necessarily professional negligence.
V. Kishan Rao v. Nikhil Super Speciality Hospital
The Supreme Court delivered an authoritative judgment on medical negligence under the Consumer Protection Act, clarifying the misunderstood scope of the Martin D'Souza judgment. The Court...
National Insurance Co. Ltd. v. Nitin Khandelwal
Vehicle theft claims cannot be repudiated on technical breach of driver license condition.
Ghaziabad Development Authority v. Balbir Singh
In a momentous judgment governing real estate and administrative accountability, a 3-Judge Bench of the Supreme Court held that statutory development authorities (such as GDA, DDA, HUDA) ...
National Insurance Co. Ltd. v. Swaran Singh
Landmark 3-Judge Bench establishing the 'Pay and Recover' doctrine: insurer must satisfy third-party MACT awards even if driver held a fake licence, with right to recover from the owner.
Savita Garg v. National Heart Institute
Supreme Court held that a consumer complaint against a hospital cannot be dismissed for non-joinder of the treating doctors; hospitals are vicariously liable for acts of medical staff.
Spring Meadows Hospital v. Harjol Ahluwalia
Parents of a minor child treated in hospital are 'consumers' entitled to compensation.
Indian Medical Association v. V.P. Shantha
Landmark 3-Judge Bench ruling establishing that medical practitioners and private hospitals render "service" under the Consumer Protection Act.
Lucknow Development Authority v. M.K. Gupta
Magna Carta of Consumer Protection establishing that housing construction by statutory authorities is a 'service'; public officials liable for delay, harassment, and mental agony.
Morgan Stanley Mutual Fund v. Kartick Das
Landmark 3-Judge Bench ruling holding that a prospective share/unit applicant is not a 'consumer' prior to allotment, and laying strict guidelines against ex-parte ad-interim injunctions.
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