Consumer Cases
Compassionate Assistance To Govt Employee's Family Deductible From Motor Accident Compensation: Supreme Court
The Supreme Court has reaffirmed that the compassionate assistance received by a dependent of a deceased employee would be liable to be deductible from the compensation received under the Motor Vehicles Act. Referring to Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules, 2006 (“Rules”), a bench of Justices Sanjay Karol and Augustine George Masih...
Insurance Policy Deemed Transferred Upon Vehicle Sale; Karnataka State Commission Dismisses Insurer's Appeal
The Karnataka State Consumer Disputes Redressal Commission, Circuit Bench-2, Belagavi, comprising Hon'ble Sri Ravi Shankar (Judicial Member) and Hon'ble Smt. Sunita C. Bagewadi (Lady Member), has dismissed an appeal filed by Shriram General Insurance Company Ltd., holding that under Section 157(2) of the Motor Vehicles Act, 1988, insurance stands transferred along with transfer of the...
Online Travel Portals Cannot Escape Liability As 'Mere Facilitators': South Delhi Consumer Commission In MMT–Malaysia Airlines Case
The District Consumer Disputes Redressal Commission-II, South Delhi, comprising Ms. Monika A. Srivastava (President) and Ms. Kiran Kaushal (Member), has ruled that online travel portals cannot evade responsibility toward consumers by claiming to be mere “facilitators.” The Commis-sion held MakeMyTrip liable for deficiency in service for giving false assurances regarding refund processing...
Playing Commercial Ads After Scheduled Movie Time Is A Breach Of Contractual Obligation: Medak District Consumer Commission Holds PVR Inox Liable
The District Consumer Disputes Redressal Commission, Medak at Sangareddy, comprising Smt. P. Kasthuri (President), Sri Gajjala Venkateswarlu (Member), and Sri Makyam Vijay Kumar (Member), has held that delaying the screening of a movie by exhibiting commercial advertisements after the scheduled start time printed on the ticket amounts to deficiency in service and unfair trade...
SBI Held Liable For Deficiency In Service For Excess Recovery At Home Loan Closure: Chandigarh Consumer Commission
The District Consumer Disputes Redressal Commission-II, U.T. Chandigarh, comprising Mr. Amrinder Singh Sidhu (President) and Mr. B.M. Sharma (Member), has held the State Bank of India liable for deficiency in service and unfair trade practice for recovering an excess amount from the borrower (complainant) at the time of closure of his home loan despite recalculation directions issued by...
Homebuyer Can't Be Compelled To Accept Possession Without Occupancy Certificate Obtained By Builder : Supreme Court
The Supreme Court on Friday (February 20) reiterated that homebuyers cannot be compelled to accept possession of a property in the absence of an Occupancy Certificate. Such a failure by the developer, the Court held, constitutes a statutory deficiency in service, entitling consumers to receive compensation from the developers.“Obtaining such certificate is a statutory pre-condition integral...
Senior Citizen Passenger Kept In Airport Shuttle Without Food Or Water; Alliance Air Held Liable
The District Consumer Disputes Redressal Commission, South Delhi, comprising Monika A. Srivastava (President) and Kiran Kaushal (Member), has held Alliance Air Aviation Limited liable for deficiency in service and directed it to pay ₹1 lakh to a senior citizen passenger who was made to wait for over two hours in an airport shuttle bus without basic amenities and was not provided...
NCDRC Holds Sahaj Ankur Realtors Liable For Failing To Provide Promised Flat Or Alternative Accommodation; Awards ₹3.91 Crore Compensation
The National Consumer Disputes Redressal Commission (NCDRC) bench of Justice Sudip Ahluwalia (Presiding Member) and Dr. Sadhna Shanker (Member) held Sahaj Ankur Realtors liable for deficiency in service for failing to provide the promised redeveloped flat or alternative accommodation within the agreed timeframe. The Commission partly al-lowed the complaint and directed the developer to pay...
Delhi Consumer Commission Holds Samsung India Liable For Not Delivering Complimentary Bezel Promised In Advertisement
The District Consumer Disputes Redressal Commission-VI, New Delhi, comprising Poo-nam Chaudhry (President) and Shekhar Chandra (Member), has held Samsung India Elec-tronics Pvt. Ltd. liable for deficiency in service and unfair trade practice for failing to pro-vide a complimentary bezel promised in its advertisement for a 65-inch television. The Commission observed that reliance on...
Prescribing Allopathic Medicines Without Qualification Is Deficiency In Service: NCDRC Awards ₹2 Lakh Compensation For Vision Loss
The National Consumer Disputes Redressal Commission (NCDRC), New Delhi, comprising Dr. Inder Jit Singh (Presiding Member) and Dr. Justice Sudhir Kumar Jain (Member), has held that prescribing allopathic medicines without recognised medical qualification amounts to deficiency in service and negligence by operation of law. The Commission set aside the orders of the fora below and directed...
NCDRC Orders Can't Be Challenged Under Article 226 In Private Consumer Disputes, Article 227 Proper Remedy: Calcutta High Court
The Calcutta High Court has clarified that orders passed by the National Consumer Disputes Redressal Commission (NCDRC) cannot be routinely challenged through a writ petition under Article 226 of the Constitution when the dispute is purely between private parties, holding that the proper remedy in such cases lies under Article 227.Justice Om Narayan Rai ruled that although NCDRC orders...
Educational Institutions Not Service Providers, Students Not Consumers: Uttarakhand State Commission Reiterates
The Uttarakhand State Consumer Disputes Redressal Commission, comprising Kumkum Rani (President) and B.S. Manral (Member), has held that educational institutions are not “service providers” and students are not “consumers” within the meaning of the Consumer Protection Act. Allowing an appeal filed by Kasiga School, the Commission set aside the District Consum-er Commission's...