Consumer Cases
NCDRC Absolves Hospital and Doctor From Medical Negligence In A Case Of Hysterectomy Leading To Vesicovaginal Fistula
The National Consumer Dispute Redressal Commission, comprising the bench of Dr. S.S. Kantikar (Presiding Member), dismissed the allegations of medical negligence against Kalyani-based SNR Carnival Hospital and it's doctor. It was observed that the complainant was unable to submit any clear evidence. The commission also referred to the opinion of the expert committee set up by...
Consumer Disputes Redressal Commission Orders Zomato To Pay Compensation To Law Student For Non Delivery Of Food
The Consumer Dispute Redressal Commission, Kollam, comprising the Bench of Muhammed Ibrahim (President), S. Sandhya Rani and Stanley Harold (Members), while adjudicating upon the consumer complaint against Zomato, an on- demand online food delivery app, directed it to refund Rs. 362( Rs.176 +186) along with an interest rate of 9% p.a from the date of order till realisation....
Late Delivery Of Magazine? National Consumer Commission Directs Reader's Digest To Pay ₹ 1.5 Lakh To Subscriber
The National Consumer Disputes Redressal Commission has directed publishers of the iconic magazine Reader's Digest to pay a compensation of Rs 1,00,000 and the litigation cost of Rs 50,000 to a senior citizen from Ludhiana for late delivery of the periodical.The Commission has further directed the publishers of Reader's Digest, which it said has acquired considerable brand value for content...
Consumer Court Directs Tirumala Tirupati Devasthanam To Allot Seva Ticket Or Pay Rs 45 Lakhs To Devotee Who Had Been Waiting Since 2006
On a man's plea against the Tirumala Tirupati Devsthanam (TTD), the District Consumer Disputes Redressal Commission, Salem had directed the TTD to allot a ticket for Melchat Vastram Seva within a year after the public is allowed to witness the dharshan/sevas or in alternative to pay a sum of Rs 45,00,000 towards compensation for deficiency of service and mental agony. The complainant...
"One-Sided" Liability Clause Inserted By Developers For Compensating Failure To Deliver Flat Not Bar To Order Refund: Delhi SCDRC
The Delhi State Consumer Disputes Redressal Commission recently directed Parsvnath Developers to refund the entire amount deposited by a homebuyer in lieu of a Flat Purchase Agreement executed back in 2007, awaiting possession till date.The Commission rejected the developer's contention that the complaint is not maintainable in view of Clause 10(c) of the Flat Buyer Agreement which prescribes...
Facts Can Only Be Determined By Evidence Before Forum Of First Instance And Not In Revision Just For The Sake Of Prolonging The Lis; NCDRC
The bench of National Commission comprising Justice Karuna Nand Bajpayee, Member and Dinesh Singh, Presiding Member has observed that, "the facts can only be determined by leading evidence before the forum of first instance or in rare cases by filing additional evidence before the forum of appellate jurisdiction and should not be raised in revision just for the sake of prolonging...
Involvement Of Driver In Theft Of Vehicle, Insurance Company Still Liable; NCDRC
The bench of National Commission comprising Justice Viswanath, Presiding Member and Surat Ram Maurya, Member has stated that, the Insurance Policy covered the loss to the vehicle by burglary, house breaking or by malicious act. It is a case of theft and involvement of driver in the theft will not rule out the commission of theft. In this case, the Insured (Respondent) took...
Hotel Did Not Have Smoke Detector And Staffs Were Not Acquainted To Operate Fire Extinguishers; Deficiency in Service of Hotel; NCDRC Imposes Costs
The bench of National Commission comprising Justice C. Viswanath, Presiding Member and Ram Surat Ram Maurya, Member has observed that, the Hotel did not have smoke detector and the staffs of hotel were not acquainted to operate fire extinguishers. Negligence on the part of the hotel is proved. In this case, the deceased was serving as Sales Director in Riddhi Technology, Pvt...
Failure Of Treatment Is Not Prima Facie A Ground For Medical Negligence; SCDRC Delhi
The bench of State Commission comprising Justice Sangita Dhingra Sehgal (President) and Sh. Rajan Sharma, Member has observed that, the hospital gave appropriate treatment to the patient free of cost, which includes daily dressing and medication even after her discharge from the hospital. Looking into the aforesaid events, it is clear that the hospital had exercised due care and caution...
Doctors Has Treated The Patient As Per Reasonable Standards And Care; No Negligence Or Deficiency On Their Part; NCDRC
The bench of National Commission comprising Justice R.K. Agrawal, President and Dr. S.M. Kantikar, Member has observed that, the limb salvage surgery was not done forcibly, but it was done after obtaining the informed consent of the Patient. It was the due diligence of team treating doctors, which avoided amputation of right Leg. The Patient, thereafter, could walk on his own feet...
Insured Should Take All Reasonable Steps To Safeguard The Vehicle Insured From Loss Or Damages; Reiterates SCDRC Chandigarh
The bench of State Commission Chandigarh comprising Justice Raj Shekhar Attri, President, Padma Pandey, Member and Rajesh K. Arya, Member, has relied upon the case of Reliance General Insurance Company Ltd. vs. Daljeet Singh Kashmeer Singh Batth where it was stated that, "the insured should take all reasonable steps to safeguard the vehicle insured from loss or damages." In this...