Consumer Cases

Lack Of Security Escorts & Unfastened Doors In Reserved Coaches Amounts To Deficiency In Service: NCDRC
The National Consumer Disputes Redressal Commission (NCDRC), New Delhi, comprising President Justice A.P. Sahi and Member Bharatkumar Pandya, has held that the failure of Railway authorities to provide adequate security arrangements, including the absence of security personnel and failure to ensure that coach doors remained fastened during night hours, amounts to deficiency in...

"Indicative Delivery Date" Can't Justify Indefinite Delay After Full Payment: Kurnool Consumer Commission Holds OLA Liable
The District Consumer Disputes Redressal Commission, Kurnool, comprising Sri Karanam Kishore Kumar (President) and Smt. S. Nazima Kausar (Member), has held OLA Electric Mobility Pvt. Ltd. and its Kurnool showroom liable for deficiency in service for failing to deliver an electric vehicle despite receiving the entire sale consideration from a consumer. The Commission observed that...

Hospitals Cannot Delay Emergency Stroke Treatment Awaiting Consent Or COVID Report: Hyderabad Consumer Commission
The District Consumer Disputes Redressal Commission-I, Hyderabad, comprising President Mrs. B. Uma Venkata Subba Lakshmi and Members Mrs. C. Lakshmi Prasanna and Mr. B. Raji Reddy, has held Citizens Specialty Hospital and its Consultant Neurologist Dr. Aparna Vijay Kumar liable for medical negligence and deficiency in service for delaying a life-saving stroke procedure while awaiting...

NCDRC Refuses To Entertain Complaint Seeking Same Refund Already Granted By K-RERA; Doctrine Of Election Applies
The National Consumer Disputes Redressal Commission (NCDRC), New Delhi, comprising President Justice A.P. Sahi and Member Bharatkumar Pandya, has declined to entertain a consumer complaint against Gardenview Abode Pvt. Ltd. & Ors., holding that the complainants had already secured a refund with interest from the Karnataka Real Estate Regulatory Authority (K-RERA) in respect of the...

Star Health Liable For Wrongfully Limiting Mediclaim Reimbursement: Belagavi Consumer Commission
The Additional District Consumer Disputes Redressal Commission, Belagavi, comprising Sri M.I. Shigli (President) and Sri Girishagouda S. Patil (Member), has held Star Health and Allied Insurance Company Ltd. guilty of deficiency in service for restricting a mediclaim reimbursement on the basis of a sub-limit clause that it failed to establish as part of the renewed...

NCDRC Dismisses Property Dispute Complaint As Time-Barred, Holds Valuation Claim An “Excuse”
The National Consumer Disputes Redressal Commission (NCDRC), New Delhi, comprising President Justice A.P. Sahi and Member Shri Bharatkumar Pandya, has dismissed a consumer complaint against M/s LGCL Properties Pvt. Ltd. & Ors., holding that the complaint was barred by limitation. The Commission observed that the alleged wrong arose in 2021, while the claim of discovering the...

Developer's Failure To Refund Amount After Cancelling Flat Allotment Is An Unfair Trade Practice; Kolkata Consumer Commission
The District Consumer Disputes Redressal Commission, Kolkata-I (North), comprising Kallol Chattopadhyay (President), Sahana Ahmed Basu (Presiding Member), and Rukhsana Samim (Member), has partly allowed a complaint against M/s Ideal Real Estate Private Limited and held that a real estate developer's failure to refund the amount deposited by homebuyers after cancelling their allotment constitutes an "unfair trade practice".BackgroundThe Homebuyers had executed an Agreement for Sale with the...

Samsung Phone Sold With Pre-Activated Warranty: Haridwar Consumer Commission Holds Dealer Liable
The District Consumer Disputes Redressal Commission, Haridwar, comprising President Shri Gagan Kumar Gupta, Member Dr. Amesh Rawat and Member Smt. Ranjana Goyal, has partly allowed a complaint against Maira Enterprises, holding it liable for deficiency in service for selling a Samsung mobile phone whose warranty had been activated before the date of purchase without disclosing the same to...

'Admit Mistake And Move On': Karnataka High Court Orally Tells Flipkart Over ₹5 Lakh CCPA Penalty For Sale Of Non-BIS Compliant Toys
The Karnataka High Court on September 3 directed Flipkart Internet Private Limited to file an affidavit detailing the measures being taken to ensure that only BIS-compliant products are listed and sold on its e-commerce platform.Justice Suraj Govindaraj also recorded Flipkart's submission that it would pay the ₹5 lakh penalty imposed by the Central Consumer Protection Authority (CCPA)...

CCPA Fines Flipkart ₹5 Lakh For Selling Non-BIS Compliant Toys
The Central Consumer Protection Authority (CCPA), comprising Chief Commissioner Nidhi Khare and Commissioner Anupam Mishra, has imposed a penalty of ₹5 lakh on Flipkart Internet Private Limited for facilitating the listing, advertising and sale of toys that did not comply with mandatory Bureau of Indian Standards (BIS) requirements under the Toys (Quality Control) Order, 2020 The...

“What Is Given By The Headline Cannot Be Taken Away By Fine Print”: Ernakulam Consumer Commission Holds Kalyan Silks Liable For Misleading Onam Advertisement
The District Consumer Disputes Redressal Commission, Ernakulam, comprising President D.B. Binu and Members V. Ramachandran and Sreevidhia T.N., has held that Kalyan Silks engaged in a misleading advertisement and unfair trade practice by prominently advertising shopping benefits worth ₹1,500 on purchases of ₹3,000 while displaying material redemption conditions in inconspicuous...

Mere Suspicion Of Income Misstatement Not Enough To Reject Insurance Claim: Kurnool Commission
The District Consumer Disputes Redressal Commission, Kurnool, comprising President Sri Karanam Kishore Kumar and Members Sri N. Narayana Reddy and Smt. S. Nazima Kausar, has held HDFC ERGO General Insurance Company Limited liable for deficiency in service after it unjustifiably repudiated a ₹1 crore accidental death insurance claim on the ground of alleged income suppression, and directed...
