Consumer Cases
NCDRC Reiterates, Arbitration Clause Doesn't Bar Consumer Fora's Jurisdiction To Hear Complaints
The New Delhi bench of the National Consumer Disputes Redressal Commission (NCDRC) bench comprising presiding members, C. Vishwanath and Subhash Chandra, recently held that the presence of an arbitration clause in an agreement does not prevent Consumer Fora from exercising their jurisdiction to entertain a Complaint. To emphasize the stance further, reference was made to Section 3 of the...
NCDRC: Hospitals And Doctors Not At Fault If Critical Patients Cannot Be Saved Despite Appropriate Care
The National Consumer Disputes Redressal Commission (NCDRC) bench comprising Dr. S.M. Kantikar, presiding member held that unsuccessful treatment or a patient's death during surgery does not automatically imply negligence on the part of the medical professional. The NCDRC dealt with the issue of the death of an individual due to the alleged administration of ‘General Anaesthesia’...
Delhi Consumer Commission: Negligence On The Doctor’s Part Cannot Be Assumed in Unsuccessful Treatments
The Delhi State Consumer Disputes Redressal Commission bench comprising Justice Sangita Dhingra Sehgal and Judicial Member Mrs Pinki held that in cases involving allegations against medical professionals, negligence is a crucial element of the offence, which involves the failure to perform a duty by omission that a reasonable person would do or avoid doing. Negligence cannot be...
NCDRC: The Waiting Period For The Possession Of The Flat Must Be Reasonable, Buyer Cannot Be Made To Wait Indefinitely
The National Consumer Dispute Redressal Commission (NCDRC) bench comprising presiding member, Justice R.K. Agrawal, S.M. Kantikar and Binoy Kumar while adjudicating on a matter related to the alleged late delivery of property, held that processing the Fire NOC and termination of the contract with the previous contractor are not valid reasons for the delay in completing of an...
NCDRC: Surveyor Report In An Insurance Claim Is Inconclusive And Not Binding On The Insured Or The Insurer
During a recent adjudication on an insurance claim dispute, the bench of the National Consumer Dispute Redressal Commission (NCDRC) led by presiding member, Justice R.K. Agrawal, made a significant decision and held that an insurance company cannot evade liability as per the insurance policy if the insured was not responsible for the fire incident. The Commission observed that the...
NCDRC: The Presence Of An Arbitration Clause In The Agreement Does Not Bar The Jurisdiction Of The Consumer Fora
The National Consumer Dispute Redressal Commission (NCDRC) recently addressed a case involving allegations of non-delivery of possession of a villa, despite payment of instalments. The bench, comprising presiding member Justice R.K. Agarwal, held that the consumer court retains the power to handle complaints, even if there is an arbitration clause in the agreement. Additionally,...
NCDRC: Concurrent Findings By The District/State Consumer Forums Based On Evidence Cannot Be Substituted In Revisional Jurisdiction
The National Consumer Dispute Redressal Commission (NCDRC) bench comprising presiding member, Subhash Chandra, while adjudicating on a matter related to the alleged deficiency in service by a Housing Society company, held that its revisional powers were limited to only prima-facie jurisdictional errors. Further, the concurrent findings based on evidence, related to the matter...
NCDRC Awards 2 Crore Compensation With Interest For Bad Haircut, Hair Treatment At ITC Maurya
In a significant judgement, the National Consumer Disputes Redressal Commission (NCDRC) has awarded a compensation of 2 crore rupees with 9% interest to a woman who suffered trauma, and loss of career prospects due to a bad haircut and hair treatment, owing to the deficiency in the services of a salon at Delhi's five-star ITC Maurya in 2018.The bench of Justice R.K Agrawal (Chairman) and...
'Every Malayali Has Emotional Attachment To Sadya': Kerala Consumer Court Orders ₹40K Compensation Over Restaurant's Failed Delivery On Thiruvonam
A consumer court in Kerala recently directed a restaurant to pay Rs. 40,000/- as compensation for failure to deliver Onam Sadya on Thiruvonam day.The case of the complainant was that she had invited guests and ordered sadya for 5 persons to be delivered to her house on Thiruvonam day from a multi cuisine eatery by the name of Maze Restaurant. However, on the day of Onam, the restaurant failed...
Negligence By Doctor | Insurer Liable To Reimburse Compensation To Complainant To The Extent Of Its Liability Under The Policy: Supreme Court
The Supreme Court has held that in a case of negligence committed by Doctor, the Insurance Company which covered the Doctor would have to reimburse the compensation to the Complainant to the extent of its liability under the Policy, as against the Doctor concerned.The Bench comprising of Justice A.S. Bopanna and Justice Dipankar Datta, while adjudicating an appeal filed in Nagarmal Modi...
Consumer Protection Act Can't Be 'Halter Around Neck' Of Doctors Making Them Apprehensive Of Taking Professional Decisions At Crucial Moments: NCDRC
The National Consumer Disputes Redressal Commission, New Delhi, has observed that the Consumer Protection Act ought not to be used as a 'halter around the neck' of doctors making them apprehensive of taking professional decisions at crucial moments. The Presiding Member Dr. S.M. Kantikar was considering a complaint alleging medical negligence on the part of the doctors of Max Super...
NCDRC: When The Matter Is Barred By Time, The National Commission Could Not Have Dealt With The Merits Of The Matter
A division bench of the National Consumer Dispute Redressal Commission (NCDRC) comprising C. Viswanath (Presiding Member) and Subhash Chandra (Member), set aside the State Commission’s order wherein it proceeded with a first appeal by going into the merits of the case, whereas the question was whether or not the suit was barred by limitation. The NCDRC ordered the State Commission to...