Supplying Product With Lesser Quantity Than Advertised Amounts To Defect, Unfair Trade Practice: Kollam District Commission

The District Consumer Disputes Redressal Commission, Kollam, comprising Smt. S.K. Sreela (President) and Sri. Stanly Harold (Member), has held that supplying goods with lesser quantity than advertised amounts to a “defect” and constitutes misleading advertisement and unfair trade practice under the Consumer Protection Act, 2019. In the present case, the Commission found the seller,...

Ernakulam District Commission Holds Polycab India Liable For Deficiency In Service For Refusing To Replace Defective Inverter During Warranty Period

The Ernakulam District Consumer Disputes Redressal Commission, comprising Ramachandran V. (Presiding Member) and Sreevidhia T.N. (Member), held Polycab India Private Limited and another opposite party liable for deficiency in service and unfair trade practice for refusing to replace a defective inverter during the subsistence of the warranty period. The Commission observed that the defect...

Consumer Protection Act | Keeping Bank Deposit Not 'Commercial Purpose' Merely Because Interest Is Earned : Supreme Court

The Supreme Court on Thursday (March 19) observed that merely earning interest on bank deposits does not automatically render the transaction “commercial” so as to exclude a person from the definition of a “consumer”; rather, it must be examined whether the deposit has a close and direct nexus with a profit-generating activity. A bench of Justices PS Narasimha and Manoj Misra...

The 'No Return' Trap: Why Online Sellers Can't Escape The Law

The problem rarely begins with a defective product; it begins with information. A consumer orders an online product based on how it is presented. The description promises a particular quality and on the basis of that representation the consumer proceeds. Only to discover, after delivery, that the product doesn't correspond to the depiction provided. The problem doesn't end there. Consumers...

Consumer Complaint Not Maintainable If Defective Product Disposed Before Inspection: Delhi State Commission

The Delhi State Consumer Disputes Redressal Commission, comprising Justice Sangita Dhingra Sehgal (President) and Bimla Kumari (Member), dismissed an appeal filed against Samsung India Electronics Pvt. Ltd., holding that once the complainant had disposed of the allegedly defective refrigerator, the product was no longer available for inspection and the alleged defect could not be...

Delhi High Court Directs Hybrid Hearing Facilities In All District Consumer Commissions Within Eight Weeks

The Delhi High Court has recently directed the authorities to ensure that video conferencing facilities for hybrid hearings are made functional in all District Consumer Disputes Redressal Commissions across the national capital within eight weeks.A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia also ordered that the daily cause list published by all...

Kerala High Court Allows Consumer Commission Member To Continue Beyond Tenure Till Rules Are Amended, Fresh Recruitment Done

The Kerala High Court has recently allowed a member of the District Consumer Disputes Redressal Commission, Malappuram to continue in the post beyond his original tenure, till fresh recruitment is made after appointment rules are suitably amended.Justice N. Nagaresh issued the interim order and directed the respondents to file a counter affidavit within three weeks. The...

Delhi District Commission Holds Star Health Liable For Deficiency In Service For Wrongful Denial Of Insurance Claim

The District Consumer Disputes Redressal Commission, East Delhi, comprising S.S. Malhotra (President) and Ravi Kumar (Member), held Star Health and Allied Insurance Co. Ltd. liable for deficiency in service for repudiating an insurance claim by relying on an exclusion clause. The Commission allowed the complaint and held that the insurer failed to prove that the treatment for which...

NCDRC Holds Axis Bank Liable For Refusing Demonetised Cash Deposit In KYC-Compliant Account, Orders ₹3.19 Crore Compensation

The National Consumer Disputes Redressal Commission (NCDRC) , Bench comprising AVM J. Rajendra, Presiding Member, and Justice Anoop Kumar Mendiratta, Member , has held Axis Bank Limited guilty of deficiency in service for refusing to accept deposits of demonetised currency in a KYC-compliant current account during the demonetisation period and directed the bank to compensate the...

Overcrowding In Reserved Coach Prevented Passengers From Accessing Confirmed Seats: Palakkad Consumer Commission Holds Railways Liable

The District Consumer Disputes Redressal Commission, Palakkad, comprising Sri. Vinay Menon V. (President), Smt. Vidya A. (Member), and Sri. Krishnankutty N.K. (Member), held the Indian Railways liable for deficiency in service after finding that passengers with confirmed reservations found their seats occupied by unauthorized and ticketless passengers in the sleeper coaches. The...

Failure To Inform Passenger About Change From RAC To Waiting List Is Deficiency In Service: Delhi State Consumer Commission

The Delhi State Consumer Disputes Redressal Commission, comprising Justice Sangita Dhingra Sehgal (President) and Bimla Kumari (Member), upheld the order of the District Commission holding the Ministry of Railways and Northern Railway guilty of deficiency in service for failing to inform a passenger in advance about the change in his ticket status from 'Reservation Against Cancellation'...

Repeated Vehicle Issues Amount To Deficiency In Service: Chandigarh Consumer Commission Awards ₹4 Lakh Compensation To Ford Owner

The District Consumer Disputes Redressal Commission-II, Chandigarh, comprising Amrinder Singh Sidhu (President) and B.M. Sharma (Member), partly allowed a consumer complaint against Ford India Pvt. Ltd. and its authorized dealer Saluja Motors Pvt. Ltd., holding them liable for deficiency in service due to the persistent issues faced by the complainant with a newly purchased vehicle. Facts of...