Consumer Cases
CCPA Issues Advisory Against 'LPG/Gas Charges' In Hotel Bills; Says Such Levies May Amount To Unfair Trade Practice
The Central Consumer Protection Authority (CCPA) has issued an advisory prohibiting hotels and restaurants from adding extra charges like “LPG charges”, “gas surcharge”, or “fuel cost recovery” to customer bills, stating that such practices are unfair under the Consumer Protection Act, 2019. The move comes after multiple complaints that eateries were adding these...
Apple India Directed To Pay ₹1 Lakh Compensation; South Delhi Consumer Commission Says “iPhone Findable After Power Off” Feature Lacked Disclosure Of Pre-Conditions
The District Consumer Disputes Redressal Commission, South Delhi, comprising President Monika A. Srivastava and Member Kiran Kaushal, has held Apple India liable for deficiency in service for failing to disclose the conditions attached to its “iPhone findable after power off” feature. Observing that the representation was displayed without any disclaimer or indication of conditions,...
Insurance Claim Wrongly Repudiated For Film Distribution Losses Due To Telangana Agitation; NCDRC Awards ₹3.80 Crore Compensation
The National Consumer Disputes Redressal Commission, comprising Justice A.P. Sahi (President) and Bharatkumar Pandya (Member), allowed the complaint filed by M/s Asian Theatres Pvt. Ltd. against Oriental Insurance Co. Ltd. & Anr., holding that the repudiation of the insurance claim was arbitrary and amounted to deficiency in service. The Commission set aside the repudiation letter...
International SIM Not Activated Despite Payment: Delhi State Commission Enhances Compensation Against Reliance Jio
The Delhi State Consumer Disputes Redressal Commission, comprising Justice Sangita Dhingra Sehgal (President) and Bimla Kumari (Member), allowed an appeal filed by complainant against Reliance Jio Infocomm Ltd. and Reliance Retail Ltd., holding that the complainant had suffered deficiency in service due to non-activation of an international SIM card despite payment. The Commission modified...
J&K Bank Liable For Disbursing Loan To Third Party Without Borrower's Consent: Kupwara Consumer Commission
The District Consumer Disputes Redressal Commission, Kupwara, comprising Peerzada Qousar Hussain (President) and Ms. Nyla Yaseen (Member), held J&K Bank liable for deficiency in ser-vice for disbursing the loan amount to a third party without the complainant's consent. The Com-mission partly allowed the complaint and held that the initiation of recovery proceedings and charging of EMIs on...
Supplying Product With Lesser Quantity Than Advertised Amounts To Defect, Unfair Trade Practice: Kollam District Commission
The District Consumer Disputes Redressal Commission, Kollam, comprising Smt. S.K. Sreela (President) and Sri. Stanly Harold (Member), has held that supplying goods with lesser quantity than advertised amounts to a “defect” and constitutes misleading advertisement and unfair trade practice under the Consumer Protection Act, 2019. In the present case, the Commission found the seller,...
Ernakulam District Commission Holds Polycab India Liable For Deficiency In Service For Refusing To Replace Defective Inverter During Warranty Period
The Ernakulam District Consumer Disputes Redressal Commission, comprising Ramachandran V. (Presiding Member) and Sreevidhia T.N. (Member), held Polycab India Private Limited and another opposite party liable for deficiency in service and unfair trade practice for refusing to replace a defective inverter during the subsistence of the warranty period. The Commission observed that the defect...
Consumer Protection Act | Keeping Bank Deposit Not 'Commercial Purpose' Merely Because Interest Is Earned : Supreme Court
The Supreme Court on Thursday (March 19) observed that merely earning interest on bank deposits does not automatically render the transaction “commercial” so as to exclude a person from the definition of a “consumer”; rather, it must be examined whether the deposit has a close and direct nexus with a profit-generating activity. A bench of Justices PS Narasimha and Manoj Misra...
The 'No Return' Trap: Why Online Sellers Can't Escape The Law
The problem rarely begins with a defective product; it begins with information. A consumer orders an online product based on how it is presented. The description promises a particular quality and on the basis of that representation the consumer proceeds. Only to discover, after delivery, that the product doesn't correspond to the depiction provided. The problem doesn't end there. Consumers...
Consumer Complaint Not Maintainable If Defective Product Disposed Before Inspection: Delhi State Commission
The Delhi State Consumer Disputes Redressal Commission, comprising Justice Sangita Dhingra Sehgal (President) and Bimla Kumari (Member), dismissed an appeal filed against Samsung India Electronics Pvt. Ltd., holding that once the complainant had disposed of the allegedly defective refrigerator, the product was no longer available for inspection and the alleged defect could not be...
Delhi District Commission Holds Star Health Liable For Deficiency In Service For Wrongful Denial Of Insurance Claim
The District Consumer Disputes Redressal Commission, East Delhi, comprising S.S. Malhotra (President) and Ravi Kumar (Member), held Star Health and Allied Insurance Co. Ltd. liable for deficiency in service for repudiating an insurance claim by relying on an exclusion clause. The Commission allowed the complaint and held that the insurer failed to prove that the treatment for which...
NCDRC Holds Axis Bank Liable For Refusing Demonetised Cash Deposit In KYC-Compliant Account, Orders ₹3.19 Crore Compensation
The National Consumer Disputes Redressal Commission (NCDRC) , Bench comprising AVM J. Rajendra, Presiding Member, and Justice Anoop Kumar Mendiratta, Member , has held Axis Bank Limited guilty of deficiency in service for refusing to accept deposits of demonetised currency in a KYC-compliant current account during the demonetisation period and directed the bank to compensate the...