Delhi State Commission Holds IFFCO-Tokio Liable For Deficiency In Service Over Wrongful Repudiation Of Claim

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held IFFCO-Tokio General Insurance liable for deficiency in service over wrongful repudiation of a legitimate insurance claim. Brief Facts of the Case The complainant purchased a refrigerated van and insured it with IFFCO-Tokio Insurance/insurer under a policy for the period from January 2013...

Parallel Proceedings On Same Issue In Different Forums Impermissible: Delhi State Commission Overturns District Commission's Order Against Philips Cooperative Group Housing

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held that parallel proceedings on the same issue in different forums are not permissible, as this could lead to judicial contradictions. Brief Facts of the Case The complainant is a member of a housing society managed by Philips Cooperative Group Housing/developer, which launched a project...

Expert Evidence Vital In Medical Negligence Cases: Delhi State Commission Holds Fortis Hospital Liable For Deficiency In Service

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki and Mr. J. P. Agrawal in an appeal against Fortis Hospital, held that expert evidence is fundamental in proving medical negligence. Brief Facts of the Case The complainant filed a case alleging medical negligence by Fortis Hospital/hospital (OP1) and the doctor (OP2) in treating his wife....

Delhi District Commission Holds Tata SIA Airlines Liable For Damaging Baggage Of The Complainant

The Delhi District Consumer Disputes Redressal Commission headed by President Monika A.Srivastava and Member Kiran Kaushal has held Tata SIA airlines liable for damaging the baggage of the complainant. A compensation of Rs. 10,000 has been ordered to be paid towards damage and stress caused to the complainant. Brief background: The complainant booked a flight from Delhi to...

Kerela State Commission Holds FIITJEE Liable For Deficiency In Services And Unfair Trade Practices

The Kerela State Consumer Disputes Redressal Commission bench of Mr. Justice Sri. B. Sudheendra Kumar (President), Mr. Sri. Ajith Kumar. D (Judicial Member) and Sri. Radhakrishnan. K. R (Member) held FIITJEE Ltd. liable for deficiency in services and unfair trade practices as it failed to fulfil its promise. Brief facts: The complainant took admission in 'Pinnacle...

Failing To Refund Advances As Per Agreed Terms: Delhi State Commission Holds TDI Infracorp Liable For Deficiency In Service

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held that failing to refund advances as per the terms of the agreement amounts to deficiency in service. Brief Facts of the Case The Complainant booked a residential apartment in the builder's project, 'TDI LakeSide Heights', located in Kundli, Sonepat, Haryana. The builder assured the Complainant...

Billing Assessments Pertaining Electricity Not In Jurisdiction Of Consumer Courts : Delhi State Commission

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held that the Consumer Protection Act prevails over the Electricity Act only in cases of inconsistency; complaints are limited to issues such as unfair trade practices, restrictive trade practices, deficiencies in service, or overcharging, which does not contain 'billing assessments'. Brief Facts of the...

Justified To Demand Payment Of Outstanding Dues Before Granting New Electricity Connection : Delhi State Commission

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki dismissed an appeal against BSES Rajdhani Power Ltd and held that it is reasonable for electricity providers to require payment of outstanding dues before restoring or granting a new connection. Brief Facts of the Case The complainant, the owner of a property in Hauz Khas, New Delhi,...

Karnataka RERA Directs Ozone Urbana Infra Developers To Refund Rs. 1.02 Crores To Homebuyer

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N Raju (Member) has directed Ozone Urbana Infra Developers to refund Rs. 1.02 crores to the homebuyer after the builder failed to provide assured returns, pay Pre-EMIs and hand over the possession of the flat on time. Monthly assured returns projects are schemes in which builders guarantee...

Delayed Intimation To Insurer Does Not Warrant Total Rejection Of Claims: Delhi State Commission Holds New India Assurance Liable For Deficiency In Service

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held that an insurer cannot reject a claim solely on the basis of late intimation by the insured as such an act amounts to deficiency in service. Brief Facts of the Case The complainant, a poor villager, purchased a tractor for agricultural work, financed by the State Bank of India and insured by...

Himachal RERA Rejects Homebuyer's Structural Defect Complaint Filed More Than 10 Years After Taking Possession

Himachal Real Estate Regulatory Authority (Authority) bench comprising Justice Srikant Baldi (Chairperson) rejected homebuyer's structural defect complaint, holding it to be time-barred as it was filed more than 10 years after taking possession. However, the Authority found that the project in which the homebuyer purchased a flat was eligible to be registered under Section 3...

Failure To Appoint Surveyor After Receiving Intimation Of Loss: Delhi State Commission Holds National Insurance Liable For Deficiency In Service

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held that the insurer is mandated to appoint a surveyor to assess the loss intimated by the insurer and the failure to do so amounts to deficiency in service. Brief Facts of the Case The complainant booked a consignment of household goods with Pragati Packers & Movers/transporter, which was...