Denial Of Insurance Claim Due To Suppression Of Bleeding Issue During Menstrual Period Prior To Policy , Malappuram District Commission Holds Star Health Insurance Company Liable

The District Consumer Disputes Redressal Commission, Malappuram presided by Sri. Mohandasan K( President) , Smt.Preethi Sivaraman C ( Member ) Sri. Mohamed Ismayil C.V( Member) held Star Health & Allied Insurance Company Limited, liable for deficiency in service and unfair trade practice for denying the insurance claim. It was held that the bleeding issue during menstrual period is...

Frequent Repairs Alone Do Not Establish Manufacturing Defect In Vehicle, NCDRC Allows Appeal Filed By Skoda Volkswagen India

The National Consumer Disputes Redressal Commission (NCDRC), New Delhi bench of Mr Subhash Chandra (Presiding Member) and AVM J. Rajendra (Member) held that frequent repairs or visits to a workshop alone do not establish an inherent manufacturing defect in a vehicle. Brief Facts: Mr Anuj Gupta (“Complainant) purchased a 'Volkswagen Vento Highline' car from M/s Swami Automobiles...

Homebuyer Cannot Be Forced To Accept Possession Of Flat After Long Delay, Entitled To Refund : Supreme Court

The Supreme Court reaffirmed that homebuyers cannot be forced to accept possession of a property after an undue delay and are entitled to a refund if the unit is not delivered within the agreed timeframe. The bench comprising Justices JK Maheshwari and Aravind Kumar heard the case which revolves around a homebuyer's right to refund when a developer fails to deliver possession of a flat within...

Non-Settling Of Insurance Claim Within Timeframe Is Unfair Trade Practice: Baramulla District Commission

The District Consumer Disputes Redressal Commission Baramulla/Bandipora presided by Peerzada Qousar Hussian (President) and Ms Nyla Yaseen (Member) held Tata AIG General Insurance Company Ltd liable for non-settling the claim of the complainant within the timeframe. The Commission held that the insurer is duty bound to comply with the provisions of Consumer Protection Act and ensure...

Members Can File Consumer Complaint Against Their Co-operative Society: NCDRC

The National Consumer Disputes Redressal Commission (NCDRC), New Delhi bench of Mr Binoy Kumar (Presiding Member) and Justice Saroj Yadav (Member) directed the State Consumer Disputes Redressal Commission (Karnataka) to decide a case on merits after considering their landmark decision in the case of Smt. Kalawati and Ors. vs M/s United Vaish Cooperative Thrift and Credit...

Delivery Of Non-veg Burger Instead Of Veg Burger, Gwalior District Commission Holds Zomato, Burger Buddy Liable

The District Consumer Disputes Redressal Commission, Gwalior (Madhya Pradesh) bench of Shri Rajendra Prasad Sharma (President), Shrimati Suman Gaur Pandey (Member) and Shri Revati Raman Mishra (Member) held Zomato and 'Burger Buddy' restaurant liable for deficiency in service and unfair trade practice for sending a non-veg burger instead of a veg burger to the...

Failure To Deliver Flats Within Stipulated Deadline, NCDRC Holds SJP Infracon Liable For Deficiency In Service

The National Consumer Disputes Redressal Commission (NCDRC) bench of Mr Binoy Kumar (Presiding Member) and Mrs Saroj Yadav (Member) held 'M/s SJP Infracon Ltd.' liable for deficiency in service for failure to deliver possession of flats within the stipulated deadline and for issuing possession letters on the basis of Temporary Occupancy Certificates (TOCs) obtained by the Greater...

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...