Consumer Cases Weekly Round Up: 16th October to 22nd October

Supreme Court Consumer Disputes Are Non-Arbitrable, Consumers Can't Be Compelled Into Arbitration: Supreme Court Case Title: M. Hemalatha Devi & Ors V. B. Udayasri, Civil Appeal Nos.6500-6501 of 2023, Citation: 2023 LiveLaw (SC) 902 The Supreme Court recently held that consumer disputes are non-arbitrable disputes and that a party cannot be compelled into arbitration just...

Shocked By Big Malls Not Allowing Customers To Carry Their Own Bags: Bengaluru Consumer Court Asks Ikea To Refund ₹20 To Customer, Pay Compensation

A consumer court in Bengaluru has directed Ikea India Private Limited to refund a sum of Rs 20 charged for providing a carry bag to its customer along with interest and pay a compensation of Rs 1000 for harassment and mental agony caused to the complainant. The bench headed by President B Narayanappa expressed shock at the level of service provided by the large malls and showrooms by not...

No Case Of Medical Negligence If Complications Suffered By Patient Totally Unrelated To Medical Procedure Undergone: Supreme Court

The Supreme Court while deciding a case of medical negligence held that principles of Res Ipsa Locutor get attracted where circumstances strongly suggest partaking in negligent behaviour by the person against whom an accusation of negligence is made. Res ipsa loquitur means “the thing speaks for itself”.In the context of a legal claim based on negligence, res ipsa loquitur essentially...

Bengaluru District Commission Holds IndusInd Bank Liable For Refusal To Refund Invested Amount Of Rs. 16.16 Lakhs

The Bengaluru-IV Additional District Consumer Disputes Redressal Commission bench comprising of Ramachandra, M.S. (President), Nandini H Kumbhari (Member) and Shrinidhi (Member) held IndusInd Bank liable for unfair trade practices, negligence, and a breach of their duties as prudent bankers for not refunding investments made by the complainant amounting to Rs 16.16 Lacs...

Insurance Co. Can’t Appoint Second Surveyor In Absence Of Valid Reasons, NCDRC Orders United India Insurance Co. To Disburse Amount, Pay Compensation

The National Consumer Disputes Redressal Commission bench comprising Dr Inder Jit Singh (Presiding Member) held that emphasized that when determining whether the appointment of a second or successive surveyor by the insurance company is justified, one must take into consideration the necessity of doing so based on the relevant facts and circumstances, including the deficiencies...

Kerala Consumer Forum Orders MakeMyTrip To Compensate Couple For Cancellation Of Travel Package Due To VISA Rejection

The Consumer Disputes Redressal Commission at Ernakulam has recently ordered travel booking company MakeMyTrip to refund the money paid by a couple for a travel package and to compensate them for trip cancellation due to rejection of VISA application.The Bench comprising President D.B. Binu and Members Ramachandran V and Sreevidhia T.N observed that VISA application was rejected due to...

Indigo Held Liable For Denying Boarding And Losing Passenger’s Bag, Sirsa District Commission Awards Rs. 1 Lakh Collective Compensation

The District Consumer Disputes Redressal Commission, Sirsa bench comprising Padam Singh Thakur (President) and O.P. Tuteja (Member) held Indio Airlines liable for the luggage of the complainant’s son which went missing when they were asked to take the next available flight. The bench noted that airlines must exercise reasonable care in handling passengers and their baggage....

24 Hrs Hospitalisation Avoided Due To Technological Advancement, Kerala Consumer Forum Directs Insurer To Reimburse Policy Holder Discharged Same Day

A Consumer Commission in Kerala has ordered an insurance company to reimburse the medical expenses borne by a policy holder for treatment of his mother (included in the policy) even though she was not hospitalised for 24 hours, upon noting that as per IRDAI guidelines the treatment given to her should not be excluded in health insurance policies.The Bench comprising President D.B. Binu...

Chandigarh-I District Commission Holds Jakara International For Unfair Trade Practices

The Chandigarh-I District Consumer Disputes Redressal Commission bench comprising Pawanjit Singh (President), Surjeet Kaur (Member) and Suresh Kumar Sardana (Member) held one visa consultant firm, Jakara International Pvt. Ltd, liable for deficiency in service and unfair trade practices by presenting a rosy picture of a bright future for the complainant studying abroad. The bench...

South Chennai District Commission Holds IDFC First Bank Liable For Deducting EMIs During Covid Moratorium

The South Chennai District Consumer Disputes Redressal Commission bench comprising TMT B. Jijaa (President) and TR Shivakumar (Member) held IDFC FIRST Bank liable for deficiency in service for deducting the EMI instalments during the COVID-19 pandemic when the government through a notification announced moratorium for six months. The bench noted that service was deficient on the part of...

Can't Charge For iPhone Repair Service Within Warranty Period, South Chennai District Commission Holds Apple And Its Service Providers Liable

The South Chennai District Consumer Disputes Redressal Commission bench is comprised of TMT. B. Jijaa (President), T.R. Sivakumhar (Member) and S Nandagopalan (Member) held Apple India Private Limited, B2X Service Solution India Pvt Ltd, and iCare Apple Authorized Service Centre jointly and severally liable for deficiency of service for refusing to repair an iPhone which was under...

Explosion Of Smartphone While Charging, South Delhi District Commission Orders OnePlus To Pay Compensation And Legal Costs

The District Consumer Disputes Redressal Commission, South Delhi-II bench comprising of Monika Aggarwal Srivastava (President), Dr. Rajender Dhar (Member) and Ritu Garodia (Member) held OnePlus India culpable for selling a defective mobile phone which exploded and caught fire while it was charging and even after multiple over heating complainants by the complainant the OnePlus did...