Revisional Jurisdiction Of National Commission Is Limited In Nature: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the National Commission can only intervene in an order through revisional jurisdiction if the State Commission has operated beyond its legal authority, neglected to use its jurisdiction, or acted unlawfully or with material irregularity. Brief Facts of the Case The complainant was a member...

Accepting Evidence Without Filing Written Statement Is Same As Allowing A Late Reply: NCDRC

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that evidence can't be accepted without filing a written statement within 45 days. Furthermore, it was held that parties could not place retrospective reliance in appeals on judgments that are pronounced after the filing of the original complaint. Brief Facts of the Case The complainant took...

Transactions Arising From A Public Auction Do Not Establish A Consumer-Service Provider Relationship:NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held a public auction purchaser is not a consumer, and the Opposite Party is not a service provider. Brief Facts of the Case The complainant purchased various items, including bamboo, wood, and flagstone, through an auction from the Forest Division office/Office/Opposite Party in Rewa. Although...

Alerting Insurer About Renewal Of Insurance Is Bank's Responsibility: NCDRC Holds Syndicate Bank Liable For Deficiency In Service

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held Syndicate Bank liable for deficiency in service and held that it is the responsibility of the bank to renew insurance or insist the insurer on renewing it. Brief Facts of the Case The complainant financed a tractor through Syndicate Bank, and the same was hypothecated with the bank. Although...

RERA Cases Weekly Round Up – 13th May To 19th May,2024

Karnataka Real Estate Regulatory Authority Karnataka RERA Orders Refund To Homebuyer After Builder's Failure To Hand Over Possession Even After Lapse Of Six Years Case – Rahamatulla Dhalayat Versus Mantri Builders Private Limited Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Justice HC Kishore Chandra (Chairperson), has directed the Builder to...

Consumer Cases Weekly Round-Up: 13th To 19th May 2024

National Consumer Disputes Redressal Commission (NCDRC)Policy Holder Must Take Reasonable Steps To Safeguard Insured Property Against Accident And Damage, NCDRC Dismisses Appeal Against New India Assurance CoThe National Consumer Disputes Redressal Commission, New Delhi bench of Mr Subhash Chandra...

Himachal Pradesh RERA Directs Builder To Construct Road Leading Up To Complainant Plot

Himachal Real Estate Regulatory Authority (Authority), bench comprising Justice Srikant Baldi (Chairperson) and BC Badalia (Member), has directed the builder to construct the road leading up to the complainant's plot within three months as per the sanctioned plan. Additionally, the Authority has also directed the builder to register the project under RERA within one month.Background...

Assam REAT - RERA Does Not Have Retroactive Application To Already Completed Real Estate Projects

The Assam Real Estate Appellate Tribunal ('Tribunal') bench, comprising Justice (Retd.) Manojit Bhuyan (Chairperson), has held that the provisions of the Real Estate (Regulation and Development) Act, 2016, cannot be applied retroactively to projects that were completed prior to the enactment of the Act. Accordingly, the Tribunal dismissed the appeal of the appellant regarding the project...

Thrissur District Commission Holds Doc & Mark Shoes And Its Dealer Liable For Destroying Evidence By Spoiling Shoes While Auditing

The District Consumer Disputes Redressal Commission, Thrissur (Kerala) bench of Sri C.T. Sabu (President), Smt. Sreeja S. (Member) and Sri Ram Mohan R. (Member) held Doc and Mark shoes and its Dealer liable for deficiency in service and unfair trade practice for destroying the Complainant's shoes before the proceedings, which was seen as an attempt to destroy evidence and prevent the...

Insurer Must Honour Claims For Sudden Sickness Not Expressly Excluded Under Policy, Karur District Commission Holds Star Health & Allied Insurance Co. Liable

The District Consumer Disputes Redressal Commission, Karur (Tamil Nadu) bench of N. Pari (president) and A.S. Rathinasamy (Member) held Star Health and Allied Insurance Company liable for failure to honour a genuine insurance claim by citing pre-existing illness as a reason. The bench held that the treatment sought by the Complainant was not related to the preexisting illness and was also...

Thrissur District Commission Holds Britania And Its Seller Liable For Deficiency In Service For Selling Underweight Biscuit Packets

The District Consumer Disputes Redressal Commission, Thrissur (Kerala) bench of Sri C.T. Sabu (President), Smt. Sreeja S. (Member) and Sri Ram Mohan R. (Member) held Britania and Chukkiri Royal Bakery (Seller) liable for selling underweight biscuit packets, which constituted a violation of both the Legal Metrology Act and the Consumer Protection Act, 1986. Brief Facts:The Complainant...

North-East Delhi District Commission Holds Vikas Travels Liable For Failure To Stop Bus At Designated Stop

The District Consumer Disputes Redressal Commission, North-East Delhi bench of Surinder Kumar Sharma (President), Anil Kumar Bamba (Member) and Adarsh Nain (Member) held Vikas Travels and its bus owner liable for deficiency in service for failure to stop the bus at the designated stop. They were directed to pay Rs. 10,000/- as compensation for deficiency and Rs. 5,000/- as litigation...