Consumer Cases
Delhi State Commission Holds Oriental Insurance Co. Liable For Wrongful Repudiation Of Valid Medical Claims
The State Consumer Disputes Redressal Commission, Delhi bench of Justice Sangita Dhingra Sehgal (President) and Mr J.P. Agrawal (General Member) dismissed an appeal filed by 'Oriental Insurance Company' and held it liable for wrongful repudiation of valid medical claims based on an invalid exclusion clause. Brief Facts: The Complainant availed medical insurance for himself and...
Consumer Can Approach Consumer Forum Even If Agreement Provides For Arbitration : Supreme Court
The Supreme Court recently reiterated that the arbitration clauses in an agreement would not override the consumer's choice to approach the consumer forum for adjudication of the dispute. The Court said that a consumer cannot be forced to get the dispute adjudicated through Arbitration just because an arbitration clause is mentioned in an agreement. It added that the consumer has the...
District Commission Holds Travel Company Liable For Denying Refund & Discriminatory Treatment
The District Consumer Disputes Redressal Commission, Ernakulam presided by Shri.D.B.Binu ( President) , Shri. V.Ramachandran ( member) and Smt.Sreevidhia.T.N ( member ) held Fortune Destination Management Pvt. Ltd. liable for unilaterally denying refunds to the complaiant . It was further held that opposite parties are liable for discriminatory treatment and unfair trade practice...
Not 'Consumer' Without Privity Of Contract : Supreme Court Rejects Flat Seller's Consumer Complaint Against Financier Of Buyer
The Supreme Court on Thursday (March 20) ruled that to qualify as a "consumer" under the Consumer Protection Act, there must be a direct contractual relationship between the parties.A bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah held that a party having no privity of contract with the service provider cannot be regarded as a consumer as per the Act.Brief...
Consumer Protection Act Protects Interest Of Consumers In “Business To Consumer Disputes”, Not For “Business To Business Disputes”, District Commission Thrissur
The District Consumer Disputes Redressal Commission, Thrissur presided by Sri. C.T. Sabu, Smt. Sreeja. S, (Member) and Sri. Ram Mohan R.(Member) dismissed a complaint filed by Astra Bio Science Ltd seeking refund from M/s Rita Pad Printing Systems for a machine that was not delivered even though the terms and conditions specified the delivery time as 70 days. The Bench held...
Consumer Forum Orders Kuwait Airways To Pay 10 Lakh Compensation To Traveller For Rerouting Flight And Failing To Provide Food And Amenities
The District Consumer Disputes Redressal Commission Malappuram presided by Sri. Mohandasan, Smt. Preethi Sivaraman(Member) and Sri. Mohamed lsmayil.C.V(Member) held Kuwait Airways liable for deficiency in service for having chosen a different route without assigning any proper reasons and for failing to provide the food and other amenities that came along the tickets in Business...
NCDRC Asks Surgeon & Hospital To Pay Rs 75 Lakh Compensation To Patient Who Lost Leg Due To Medical Negligence
The National Consumer Disputes Redressal Commission recently directed a surgeon and a hospital to jointly and severally pay a compensation of Rs 75 lakhs to a patient who lost her right leg due to negligence in surgery.The complaint was filed against Dr. Anirban Chatterjee and Nightingale Diagnostic & Medicare Centre Private Limited, Kolkata.The surgery was carried out in the year 2015,...
Supreme Court Directs States To Immediately Pay Salaries And Perquisites To Consumer Forum Members As Per Existing Rules
The Supreme Court has directed all state governments to immediately pay the salary and perquisites of the Chairpersons and Members of the State and District Consumer Dispute Resolution Commissions as per existing Rules.A bench of Justice Abhay Oka and Justice N Kotiswar Singh passed this order while hearing a batch of cases related to the salaries and service conditions of Consumer Forum...
District Forum Holds Builder Guilty For Not Giving Flat's Possession To Homebuyer; Orders Refund, ₹50K Costs For Mental Harassment
The District Consumer Disputes Redressal Commission (DCDRC), New Delhi has recently found Imperia Structures Limited guilty of deficiency in service for not providing possession of a plot booked by a homebuyer within the stipulated time.In doing so the commission directed the builder to pay Rs.14,36,946 along with interest as well as Rs.50,000 as compensation for mental harassment....
District Consumer District Redressal Commission Ernakulam Holds Byju's Learning App Liable For Deficiency In Service By Coercing And Harassing Complainant
The District Consumer District Redressal Commission Ernakulam held Byju's Learning App liable for deficiency in service for coercing the Complainant into purchasing their services. The Bench presided by Shri.D.B.Binu (President), Shri.V.Ramachandran (Member) and Smt.Sreevidhia.T.N (Member) held that refusing to refund the amount as per promise and harassing the consumer by making...
Chandigarh District Commission Holds LG Electronics, Juneja's Circuit Mall Liable For Failing To Provide Netflix Subscription Under Diwali Offer
The District Consumer Disputes Redressal Commission-II, U.T. Chandigarh bench of Surjeet Kaur (Presiding Member) and Brij Mohan Sharma (Member) held 'LG Electronics India Ltd.' and 'Juneja's Circuit Mall' liable for deficiency in service for failing to provide a three-month free Netflix subscription as part of a Diwali Festival Offer. Brief Facts: Raman Sikka...
