Surveyor's Report Not Definitive, Can Be Challenged With Credible Evidence: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that although a surveyor's report is important for settling claims, it is not conclusive and can be disputed if credible evidence is presented to counter the surveyor's conclusions.Brief Facts of the Case The complainant, a registered partnership firm operating a three-star...

Himachal Pradesh State Commission Holds United India Insurance Co. Liable For Wrongful Repudiation Of Valid Claim

The State Consumer Disputes Redressal Commission, Himachal Pradesh bench of Justice Inder Singh Mehta (President) held 'United India Insurance Company Limited' liable for wrongful repudiation of a medical claim based on erroneous interpretation of the policy's clauses. The Insurance Company also failed to provide any evidence for the alleged pre-existing disease of the Complainant.Brief...

Haryana State Commission Holds Exide Life Insurance Co. Liable For Wrongful Termination Of Insurance Policy

The State Consumer Disputes Redressal Commission, Haryana bench of Shri Naresh Katyal (Judicial Member) held 'Exide Life Insurance Company' liable for unfair trade practice for wrongfully terminating the insurance policy without allowing the policyholder to make a representation. It also failed to investigate the policyholder's medical history between the policy's proposal and...

Independent Expert Assessment Needs To Be Provided To Support Allegations Of Substandard Work: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Sadhna Shanker, held that an independent expert assessment needs to be provided by the complainant to support allegations of substandard work against the builder.Brief Facts of the Case The complainant booked a residential flat with Sabari Construction/builder at SF 3B, 2nd Floor of 'Sabari Nest'....

Burden Lies On The Complainant To Demonstrate Valid Reason For Delay: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that parties not acting diligently cannot expect leniency in condoning delays and 'sufficient cause' is a prerequisite for condoning delays.Brief Facts of the Case The complainants booked a 350 sq. yd. plot in the Future Township Project TDI City/builder and paid Rs. 5,42,500,...

Legal Action Necessary To Prove Existence Of Fake Receipts: NCDRC

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that legal action, such as filing an FIR is necessary to support the claim of fake receipts.Brief Facts of the Case The complainant booked a flat with Shanti Nagar Grih Nirman/builder and paid the deposit for the same. Later, the dealer changed the plot, reducing the total area to 10,000 sq. ft....

Delhi State Commission Holds Etihad Airways Liable For Misplacing Check-In Baggage

The State Consumer Disputes Redressal Commission, Delhi bench of Justice Sangita Dhingra Sehgal (President) and Mr J.P. Agrawal (Member) held 'Etihad Airways' liable for deficiency in service for misplacing a check-in baggage and returning it to the aggrieved passenger after several days. It was directed to pay Rs. 50,000 as compensation for the physical and mental agony suffered, along with...

Buyer Entitled To Refund With Reasonable Interest If Project Is Incomplete: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Binoy Kumar, held that the buyer is entitled to request a refund along with a reasonable rate of interest if the project is incomplete on the date of offer of possession.Brief Facts of the Case The complainant, Mr. Vaibhav Garg, booked a unit in the “M3M Woodshire” project by M3M India Ltd/builder in Gurgaon, Haryana,...

Ambiguities In Insurance Contracts Must Be Interpreted In Favour Of Insured: NCDRC

The National Consumer Disputes Redressal Commission presided by AVM. J. Rajendra, held that ambiguities in insurance contracts should be resolved in favour of the insured to ensure fairness, as they are the weaker partyBrief Facts of the Case The complainant, Punjab University, is a well-known university that has been purchasing General Insurance policies from the insurer for over 20...

'Manufacturing Defect' : Consumer Forum Directs Tata Motors To Refund ₹16.95 Lakh To Owner Of Nexon EV Which Caught Fire

A District Consumer Forum has held Tata Motors liable for the manufacturing defect in a Tata Nexon Electric Vehicle that caught fire in Hyderabad a year after its purchase.The District Consumer Disputes Redressal Commission at Hyderabad directed Tata Motors to refund Rs 16.95 lakh (cost of the vehicle) plus 9 % interest from 29-09-2023 (date of filing complaint) to the owner of the...

Failure To Deliver Possession Within Reasonable Time Is Unjust: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker held that a buyer cannot be made to wait indefinitely to obtain possession and failure to deliver to possession within a reasonable time ia unjust and amounts to deficiency in service.Brief Facts of the Case The complainant booked a 400 sq. yard plot with Punjab Urban Planning...

Matters Involving Fraud, Forgery And Cheating In Transactions Should Be Handled By Civil Courts: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that Matters involving fraud, forgery, and cheating in financial transactions are challenging to resolve through the summary proceedings of the Consumer Protection Act and are more suitable for adjudication in a civil court.Brief Facts of the Case The complainant and her husband were approached by a...