Venue Owner Not Obligated To Refund Advance In Case Of Late Cancellation: NCDRC

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that venue owners are not obligated to refund the advance amount in case of late cancellations even if the reasons are genuine because securing a booking prevents the owner from taking new bookings, which results in a loss. Brief Facts of the Case The complainant booked the Kundan...

Lack of Medical Test Proves Insufficient Evidence For Alcohol Consumption: NCDRC

The National Consumer Disputes Redressal Commission, presided by Ram Surat Maurya and Bharatkumar Pandya(member), held Oriental Insurance liable for deficiency in service due to denial of the insurance policy citing alleged drunk driving. Brief Facts of the Case The complainant, identified as a partnership firm, purchased a BMW from Bird Automotive for personal use by one of...

Insurance Policies Should Be Interpreted Holistically In Favor Of Insured: NCDRC

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, dismissed an appeal by Life Insurance and held that insurance policies should be interpreted broadly, keeping in mind the interests of the policyholder and the beneficiaries. Brief Facts of the Case The complainant is a nominee of the policyholder who approached Life Insurance...

Multiple Compensations For A Single Deficiency Is Not Justifiable: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held M/S Anant Raj Limited liable for deficiency in service and upheld the order by the District Forum and the State Commission of Rajasthan. However, the Commission altered the amount of compensation granted by the District Forum stating that multiple compensations cannot be allowed for a...

Quantification In Insurance Is Mandatory Even For Inadmissible Claims: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker (member), held that in the insurance industry, quantifying a loss is a standard procedural step that surveyors must perform for every claim, regardless of whether that claim is ultimately deemed admissible or not. Brief Facts of the Case The Complainant, a Tissue...

RERA Weekly Round Up – 27 May To 2 June 2024

Maharashtra Real Estate Appellate Tribunal MahaREAT Refuses To Adjudicate Homebuyer's Appeal Due To Ongoing Injunction Issued By Pune Civil Court Case – Kunal Kashyap & another Versus M/S Atul Enterprises The bench of the Maharashtra Real Estate Appellate Tribunal ('Tribunal'), comprising Justice Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical...

Limitation Period Under Policy Is Shorter Than Statutory Period For Filing Complaint, Unenforceable And Void: NCDRC Holds Oriental Insurance Liable For Deficiency In Service

The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and Sadhna Shanker(member), held that the Consumer Protection Act 1986 provides a two-year limitation period for filing a complaint, and the insurer cannot reduce it through a policy clause. Brief Facts of the Case The complainant established a husk and coal-based Power Plant, which...

No Evidence Of Negligence Or Deficiency: Chandigarh District Commission Dismisses Complaint Against Ivy Hospital Alleging Surgery Without Consent

The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench of Pawanjit Singh (President), Surjeet Singh (Member), and Suresh Kumar Sardana (Member) dismissed a complaint against Ivy Hospital and its doctor alleging Total Laparoscopic Hysterectomy without the Complainant's knowledge. The bench held that the Complainant failed to provide any evidence of negligence...

Chandigarh District Commission Holds Vistara Liable For Denying Boarding To Passengers With Valid Tickets

The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench of Pawanjit Singh (President), Surjeet Singh (Member), and Suresh Kumar Sardana (Member) held Vistara Airlines liable for deficiency in services and unfair trade practices for preventing Complainants from boarding even when they possessed valid tickets from London to India. Brief Facts: The...

Builder's Liability For Delayed Possession Ends With Valid Possession Offer: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra, held that a builder cannot be asked to compensate for late possession beyond the date of the offer of possession. Brief Facts of the Case The complainant booked a flat with Jaiprakash Associates/builder and had alleged a delay in handing over the possession of the flat. The complainant...

UP RERA Issues Public Notice For Builders To Attend Online Hearing Of 28 Complaints

Uttar Pradesh Real Estate Regulatory Authority (UP RERA) has issued a public notice in newspapers, directing builders from various districts of the state to attend and present their case in the online hearing of 28 complaints scheduled on different dates in the upcoming month. UP RERA's public notice serves as a final reminder for builders who have repeatedly missed...

Unsuccessful Treatment Or Differing Opinions Does Not Equate To Medical Negligence: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Binoy Kumar, dismissed a complaint against Medanta Hospital and ruled that an unfavorable outcome of treatment alone or a divergence in professional opinion does not amount to negligence on the part of the medical professionals as long as they're acting as per the accepted practice. Brief Facts of the Case...