Developer Liable To Pay Compensation, Builder’s Dispute With Contractors Does Not Constitute Force Majeure: NCDRC

A single-judge bench of the National Consumer Dispute Redressal Commission (NCDRC) comprising presiding member Dr. Inderjit Singh, allowed a consumer complaint filed by the purchaser of a flat on account of an inordinate delay caused by the developer. The Developer’s contention, that the project could not be completed on time since consumers defaulted in the payments, was rejected...

NCDRC: Non-Compliance Of Pollution Level Guidelines Cannot Be Used As Force-Majeure To Cause Inordinate Delay In Possession Of Flats

A division bench of the National Consumer Dispute Redressal Commission (NCDRC), comprising presiding members Ram Surat Ram Maurya and Dr. Inder Jit Singh, held that while the consumers can be expected to reasonably wait for the possession of the flat/unit, there must not be an inordinate delay. The Commission rejected the Developers’ contention of non-compliance of the National...

NCDRC: Incorporation Of One-Sided Clauses In An Agreement Constitutes Unfair Trade Practice

A division bench of the NCDRC comprising presiding members Justice Ram Surat Ram Maurya and Dr. Inder Jit Singh, while adjudicating on a consumer complaint against the flat developers, reiterated that the remedies under the Consumer Protection Act are in addition to the remedies under other statutes. Further, incorporation of one-sided clauses in the agreement where the buyer is expected...

NCDRC: Medical Negligence Is Not Automatically Presumed Against The Medical Professional If The Treatment Fails

The National Consumer Dispute Redressal Commission (NCDRC) bench comprising presiding member, Dr. S.M. Kantikar allowed an appeal on account of lack of any scientific analysis and medical evidence against the appellant hospital. Two contentions were reiterated by Dr. Kantikar, firstly, if patient was in a critical condition and he could not survive even after surgery, the blame can’t...

Consumer Protection And The Law Of Insurance

The term Insurance refers to a shield against the risks involved in the various market investments. Insurance is a type of contractual arrangement also referred to as Policy arrangement in a form of guarantee or Indemnity where one party through a form of Contract agrees to provide surety or indemnity against the loss of third person. Undoubtedly Insurance come as a big relief during the times of despair and because of digitalization and cashless mode of payments, many Insurance...

Simple Lack Of Care, An Error In Judgment Or An Accident, Is Not Proof Of Negligence: NCDRC

The National Consumer Dispute Redressal Commission (NCDRC) bench comprising presiding member Dr. S.M. Kantikar focused on the duty of the civil society to ensure that medical professionals are not unnecessarily harassed or humiliated. The complaint filed by the patient was dismissed on the ground that firstly, the doctors possessed necessary skills and secondly, reasonable care was taken...

No Defects In The Onion Seeds Sold By NHRDC: NCDRC Confirms The Order Of State Commission

The National Consumer Dispute Redressal Commission (NCDRC) bench comprising Justice R.K. Agrawal(President )and Dinesh Singh (Member) has dismissed the Revision Petitions against National Horticulture Research and Development Centre and upheld the Order passed by the Haryana State Commission. The complainant (Vimal Kumar) purchased 8 kg onion seeds @ ₹300/- per Kg. from the office...

Doctor Liable For Negligence, NCDRC Confirms The Order Of The State Commission

A single bench of National Consumer Dispute Redressal Commission, of Dr. S.S. Kantikar (Presiding Member) in a Revision Petition , has confirmed the Order passed by the District Forum and State Commission. The NCDRC has held the Doctor negligent and directed him to pay Rs.3,00,000 as compensation and Rs.15,000 towards litigation costs.The complainant/patient was admitted to...

Medical Negligence, NCDRC’s Revisional Power Is Limited To Illegality, Material Irregularity Or Jurisdictional Error

The National Consumer Dispute Redressal Commission (NCDRC) bench comprising presiding members Dr. S.M. Kantikar and Mr. Binoy Kumar upheld the State Commission’s award in favour of the patient who died due to medical negligence by the doctors while performing an operation to remove the gall bladder stone. While the petitioners argued over different facts, the court held that it was...

Hyundai Motor India Ltd And Its Service Centre, Liable For Selling Defective Car; NCDRC Affirms

The National Consumer Disputes Redressal Commission (NCDRC) bench comprising President, Justice R.K. Agrawal, and Dr. S.M. Kantikar as the member has dismissed the Revision Petition filed by Hyundai Motor India Ltd. and confirmed the order passed by the State Commission. The Rajasthan State Commission had directed Hyundai Motor India Ltd and its authorized service centre to...

NCDRC: Postal Department Is Exempted From Any Liability For Delay In Delivery Unless The Central Govt. Undertakes It In Expressed Terms

The National Consumer Dispute Redressal Commission (NCDRC) bench comprising Justice R.K. Agrawal and presiding member, Dr. S.M. Kantikar reversed the District Forum’s decision, wherein compensation was ordered to be grated to a petitioner whose article suffered a delayed delivery after it was handed over to the Postal Department. The bench upheld the State Commission’s reasoning that...

Sterilization/Tubectomy Are Not Absolutely Safe, Failure Does Not Deserve Compensation: NCDRC

The National Consumer Dispute Redressal Commission (NCDRC) bench comprising presiding member, S.M. Kantikar, reversed the order of the State Commission, Rajasthan for allowing compensation to a lady who alleged that she got pregnant due to the failure of a tubectomy operation. Mr. Kantikar elaborated that the pregnancy existed prior to the operation and further, such operations are...