Charging Convenience Fee For Booking Online Movie Tickets Is Lawful: Andhra Pradesh State Commission Allows Big Tree Entertainment's Appeal

The State Consumer Disputes Redressal Commission, Andhra Pradesh presided by Smt. C. V. S. Bhaskaram (Woman Member) and Sri B. Srinivasa Rao (Judicial Member) held that the charging of convenience fee while booking online movie tickets is completely lawful. Further, the commission allowed the appeal of Big Tree Entertainment Private Limited as there was no deficiency in service on...

Ernakulam District Commission Holds Dry Cleaners Liable For Damaging Churidars

The Ernakulam District Commission, presided by Shri. D.B. Binu, Shri. V. Ramachandran and Smt. Sreevidhia T.N., held that without opposing evidence from the other party, the claims are unchallenged and in favour of the complainant. Brief Facts of the Case The complainant had entrusted two new churidars to the dry cleaners for cleaning. The churidars, purchased for Rs. 16,360,...

Onus On Complainant To Prove Allegations Of Deficiency In Service: Uttarakhand State Commission Overturns Lower Commission's Order Against LG Electronics

The Uttarakhand State Commission, presided by Ms. Kumkum Rani and Mr. B.S. Manral in an appeal filed by LG Electronics held that the onus to prove any deficiency in service lies with the complainant. Brief Facts of the Case The complainant purchased an 8 kg LG washing machine from BEHL Agencies/dealer for Rs. 50,000. From the beginning, the machine did not function...

Uttarakhand State Commission Holds National Insurance Liable For Deficiency In Service Over Denial Of Legitimate Claim Amount

The Uttarakhand State Commission, presided by Mr. M.K. Singhal and Mr. C.M. Singh held National Insurance liable for deficiency in service and upheld the District Commission's order. Brief Facts of the Case The complainant purchased a vehicle insured with National Insurance/insurer. The policy covered Rs. 4,50,000, and the premium was paid. The insurer assured payment in case...

Insured Cannot Assume Obligation On Part Of Bank To Renew Policy: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra overruled the State Commission's order against SBI and held that the insured cannot assume obligation on the bank's part to renew the policy unless agreed otherwise. Brief Facts of the Case The complainant and his mother took a cash credit loan of Rs. 3,00,000 from SBI/bank, pledging shop...

Surveyor's Report Can Only Be Rejected Only On Valid Grounds: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM J. Rajendra in an appeal against United India Insurance held that a surveyor's report is mandatory for insurance claims and it can only be rejected on reasonable grounds. Brief Facts of the Case The complainant had three insurance policies( Fire Policy, Machine Breakdown...

Delay Of More Than 2.7 Years In Completing Construction Of Project, Haryana RERA Orders Raheja Developers To Refund Rs. 27.98 Lakhs To Homebuyer

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/S Raheja Developers Limited to refund ₹27.98 Lakhs with interest to homebuyer who purchased a flat in their Raheja Maheshwara Project. Background Fact The homebuyer (Complainant) booked a flat in the builder's (Respondent) project named Raheja Maheshwara, located at Sector...

Maharashtra RERA Directs Godrej Skyline Developers To Refund Full Booking Amount Paid By Homebuyer With Interest

Maharashtra Real Estate Regulatory Authority (Authority) bench comprising of Ravindra Deshpande (Member-II) directed Godrej Skyline Developers Pvt Ltd to fully refund the booking amount paid by the homebuyer with interest. The bench observed that the allotment letter contained coercive terms and that the booking amount did not fall under the definition of earnest money as per the...

District Commission Misapplied Supreme Court's Ruling: Chandigarh State Commission Remands Sahara Prime City Case For Fresh Adjudication

The State Consumer Disputes Redressal Commission, Chandigarh presided by Justice Raj Shekhar Attri (President) and Mr. Rajesh K. Arya (Member) held that the District Commission has misapplied the decision of Supreme Court in Pinak Pani Mohanty vs Union of India as Sahara Prime City Ltd. was not party to that case. The State Commission remanded the case to the District Commission...

CONSUMER CASES WEEKLY ROUND UP: DECEMBER 9 – DECEMBER 15

National Consumer Disputes Redressal Commission Purchases For Earning Livelihood Qualify As Commercial Purposes If Operated Solely By Others: NCDRC Case Title: M/S. Nitesh Colour Lab Vs. M/S. Jindal Photo Film Ltd. & 5 Ors Case Number: F.A. No. 642/2017 The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that purchases for earning...

Inordinate Delay Of More Than 10 Years, Haryana RERA Directs Ansal Builders To Refund 1.07 Crores To Homebuyer

Haryana Real Estate Regulatory Authority (Authority) bench comprising Ashok Sangwan (Member) has directed M/s Ansal Housing and Constructions Limited to refund Rs. 1.07 crores with 11.10% interest to the homebuyer after facing an inordinate delay of more than 10 years in receiving possession of the flat. Initially, the homebuyer was allotted a flat in 2013. Due to delays the...

Doctor Not Liable For Negligence If Chosen Treatment Recognized As Sound Medical Practice: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that doctors are not liable for medical negligence if the disputed treatment is recognized as sound medical practice. Brief Facts of the Case The complainant experienced mild swelling in her right eye and sought treatment from a doctor/op 1, who referred her to a specialist/op 2....