Consumer Cases
U.P. State Consumer Forum Overturns Jail Sentence For CEO Of Gr Noida Industrial Development Authority, Holds It ‘Defective’
Recently, the Uttar Pradesh State Consumer Forum overturned a ruling made by the Gautam Buddha Nagar District Consumer Forum, which had sentenced Ritu Maheshwari, the Chief Executive Officer (CEO) of the Greater Noida Industrial Development Authority (GNIDA), to one month in prison. Maheshwari was found guilty of not complying with a directive issued by the National Consumer Disputes...
State Consumer Commission Upholds Refund Of CTU Pass Fare For Lockdown Period
The State Consumer Complaints Commission in Chandigarh, consisting of Presiding Member Mrs. Padma Pandey and Member Preetinder Singh, has rejected an appeal filed by the Chandigarh Transport Undertaking (CTU) and affirmed the decision of the District Consumer Disputes Redressal Commission.In relation to the lockdown period in 2020, the Lower Commission had directed the CTU to refund...
National Consumer Commission Directs Bhatia Hospital & Doctors To Pay Rs. 1.5 Crores For Negligence During IVF Treatment
The NCDRC presiding member Justice S.M. Kantikar has penalized the Bhatia Global Hospital with a fine of ₹1.5 crores for negligence and resorting to unethical practices. The Commission revealed that the event has raised concerns over distressing malpractices surrounding Assisted reproductive techniques (ART) Centres giving incorrect treatment of innocent infertile couples. The...
Ernakulam Consumer Forum Directs Printing Press To Compensate Author For Failure To Print Book In Time
The District Consumer Disputes Redressal Commission at Ernakulam recently directed a printing press to compensate the author of a book for its failure to print the author's book in time. The Bench comprising President D.B. Binu and Members V. Ramachandran and Sreevidhia T.N. awarded a sum of Rs. 31,460 as compensation to the author. As per the facts of the case, Theressa Offset Printers &...
Failure To Properly Explain The Delay In Filing: NCDRC Dismisses The Revision Petition
The New Delhi bench of the National Consumer Disputes Redressal Commission (NCDRC), comprising Justice Deepa Sharma as the Presiding Member, emphasized that condonation of delay is not an inherent right but necessitates the person seeking it to present a valid explanation for each day of delay and establish a reasonable ground for not approaching the court within the prescribed limitation...
NCDRC: Postal Department Liable For Actions Of Its Authorised Agent Appointed By The National Service Scheme (NSS)
The National Consumer Disputes Redressal Commission (NCDRC) bench comprising presiding member Justice Deepa Sharma, was adjudicating a case concerning the misappropriation of funds from a recurring deposit account at the post office. The NCDRC observed that while the Postal Department may not have been directly involved in the misappropriation, it would still be held liable for the actions of...
NCDRC: Death Of Former CJI J.S. Verma Cannot Be Attributed To The Treatment Given By Doctors, Complaint Filed By Wife And Children Dismissed
The National Consumer Dispute Redressal Commission (NCDRC) absolved the doctors and the hospitals involved in the treatment of Late Justice J.S. Verma, Former Chief Justice of India (CJI) and Chairman of the National Human Rights Commission (NHRC). Justice Verma passed away in 2013. He’s known for heading a three-member panel which suggested modifications to criminal legislation in response...
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...