Consumer Cases
NCDRC Refuses To Entertain Complaint Seeking Same Refund Already Granted By K-RERA; Doctrine Of Election Applies
The National Consumer Disputes Redressal Commission (NCDRC), New Delhi, comprising President Justice A.P. Sahi and Member Bharatkumar Pandya, has declined to entertain a consumer complaint against Gardenview Abode Pvt. Ltd. & Ors., holding that the complainants had already secured a refund with interest from the Karnataka Real Estate Regulatory Authority (K-RERA) in respect of the...
Star Health Liable For Wrongfully Limiting Mediclaim Reimbursement: Belagavi Consumer Commission
The Additional District Consumer Disputes Redressal Commission, Belagavi, comprising Sri M.I. Shigli (President) and Sri Girishagouda S. Patil (Member), has held Star Health and Allied Insurance Company Ltd. guilty of deficiency in service for restricting a mediclaim reimbursement on the basis of a sub-limit clause that it failed to establish as part of the renewed...
NCDRC Dismisses Property Dispute Complaint As Time-Barred, Holds Valuation Claim An “Excuse”
The National Consumer Disputes Redressal Commission (NCDRC), New Delhi, comprising President Justice A.P. Sahi and Member Shri Bharatkumar Pandya, has dismissed a consumer complaint against M/s LGCL Properties Pvt. Ltd. & Ors., holding that the complaint was barred by limitation. The Commission observed that the alleged wrong arose in 2021, while the claim of discovering the...
Samsung Phone Sold With Pre-Activated Warranty: Haridwar Consumer Commission Holds Dealer Liable
The District Consumer Disputes Redressal Commission, Haridwar, comprising President Shri Gagan Kumar Gupta, Member Dr. Amesh Rawat and Member Smt. Ranjana Goyal, has partly allowed a complaint against Maira Enterprises, holding it liable for deficiency in service for selling a Samsung mobile phone whose warranty had been activated before the date of purchase without disclosing the same to...
'Admit Mistake And Move On': Karnataka High Court Orally Tells Flipkart Over ₹5 Lakh CCPA Penalty For Sale Of Non-BIS Compliant Toys
The Karnataka High Court on September 3 directed Flipkart Internet Private Limited to file an affidavit detailing the measures being taken to ensure that only BIS-compliant products are listed and sold on its e-commerce platform.Justice Suraj Govindaraj also recorded Flipkart's submission that it would pay the ₹5 lakh penalty imposed by the Central Consumer Protection Authority (CCPA)...
CCPA Fines Flipkart ₹5 Lakh For Selling Non-BIS Compliant Toys
The Central Consumer Protection Authority (CCPA), comprising Chief Commissioner Nidhi Khare and Commissioner Anupam Mishra, has imposed a penalty of ₹5 lakh on Flipkart Internet Private Limited for facilitating the listing, advertising and sale of toys that did not comply with mandatory Bureau of Indian Standards (BIS) requirements under the Toys (Quality Control) Order, 2020 The...
“What Is Given By The Headline Cannot Be Taken Away By Fine Print”: Ernakulam Consumer Commission Holds Kalyan Silks Liable For Misleading Onam Advertisement
The District Consumer Disputes Redressal Commission, Ernakulam, comprising President D.B. Binu and Members V. Ramachandran and Sreevidhia T.N., has held that Kalyan Silks engaged in a misleading advertisement and unfair trade practice by prominently advertising shopping benefits worth ₹1,500 on purchases of ₹3,000 while displaying material redemption conditions in inconspicuous...
Mere Suspicion Of Income Misstatement Not Enough To Reject Insurance Claim: Kurnool Commission
The District Consumer Disputes Redressal Commission, Kurnool, comprising President Sri Karanam Kishore Kumar and Members Sri N. Narayana Reddy and Smt. S. Nazima Kausar, has held HDFC ERGO General Insurance Company Limited liable for deficiency in service after it unjustifiably repudiated a ₹1 crore accidental death insurance claim on the ground of alleged income suppression, and directed...
Insurance Claim Cannot Be Rejected Without Cogent Evidence: Kupwara Consumer Commission Directs Bajaj Allianz To Pay ₹5 Lakh
The District Consumer Disputes Redressal Commission, Kupwara, Jammu & Kashmir, has held that an insurer cannot repudiate an insurance claim merely by alleging that the supporting bills are fake unless such allegations are backed by cogent evidence. Holding Bajaj Allianz General Insurance Co. Ltd. liable for deficiency in service and unfair trade practice, the Commission partly allowed...
Haridwar Consumer Commission Holds OYO Liable After Hotel Refused Accommodation Despite Confirmed Booking
The District Consumer Disputes Redressal Commission, Haridwar, comprising President Gagan Kumar Gupta and Members Dr. Amresh Rawat and Ranjana Goyal, has held OYO Rooms Pvt. Ltd liable for deficiency in service after a consumer's confirmed hotel booking was not honoured and directed the company to compensate the consumer for the resulting loss and inconvenience. Facts: The...
NCRDC Third Member Deciding Appeal Instead Of Answering Reference Not Necessarily Illegal : Supreme Court
The Supreme Court has clarified the limits of a third or “referee” member's role when members of a National Consumer Disputes Redressal Commission (NCDRC) Bench differ, holding that although the normal course is for the referee member to answer only the questions referred and return the matter to the original Bench, an exceptional case may justify deciding the appeal itself.Where a...
Failure To Obtain Occupation Certificate: NCDRC Orders Builder To Pay ₹6 Crore Compensation
The National Consumer Disputes Redressal Commission (NCDRC), New Delhi, comprising President Justice A.P. Sahi and Member Shri Bharatkumar Pandya, has partly allowed a complaint filed by Tirupati Devi Cooperative Housing Society Ltd. against M/s Raja Construction Company & Ors., holding that handing over possession without obtaining the Occupation Certificate and carrying out...