Insurers Cannot Make Unilateral Changes In Policy Terms During Renewal: NCDRC Holds New India Assurance Liable For Deficiency In Service

The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya and Mr Bharatkumar Pandya, held that insurers cannot unilaterally change policy coverage during renewal without the complainant's consent. Brief Facts of the Case The complainant, a partnership firm named Aaditya International, engaged in fabric dyeing and printing, had two insurance...

Delay Compensation Should Be Given In Addition To Already Pre-existing Compensation In Builder- Buyer Agreements: NCDRC

The National Consumer Disputes Redressal Commission, presided by Dr Inder Jit Singh, held Raheja Developers liable for deficiency in service. It was held that delay compensation at 6% per annum should be given in addition to any compensation already outlined in the Builder-Buyer Agreement. Brief Facts of the Case The complaint was filed jointly by 11 complainants who booked units...

Intermediary Can Be Held Liable For Refunding Customers: NCDRC Holds Goibibo Liable For Deficiency In Service

The National Consumer Disputes Redressal Commission, presided by Dr Inder Jit Singh, held that an intermediary is not simply a facilitator but also earns a commission, implying a responsibility to manage refunds for cancelled bookings. Brief Facts of the Case The complainants booked flight tickets through Goibibo for travel from New Delhi to Edmonton and back, paying Rs. 1,29,860...

Insurer's Reliance On Clause Without Evidence Constitutes Deficiency In Service: Ernakulam District Commission

The Ernakulam District Commission, presided by Shri. D.B. Binu, Shri. V. Ramachandran and Smt. Sreevidhia T.N., held Oriental Insurance liable for deficiency in service due to the denial of a legitimate claim by the insured. Brief Facts of the Case The complainant, insured under a Happy Floater Mediclaim Policy by Oriental Insurance, had his claim partially settled by the insurer....

Complaint Valid If Primary Issue Concerns Service Provider, Regardless If Presence Of Third Parties: Ernakulam District Commission

The Ernakulam District Commission, presided by Shri. D.B. Binu, Shri. V. Ramachandran and Smt. Sreevidhia T.N., held that a complaint against a service provider remains valid even if a related third party is not included as long as the primary issue concerns the service provider's actions. Brief Facts of the Case The complainant filed a complaint under Section 35 of the...

Rajasthan Adjudicating Officer Directs Compensation To Complainant For Financial Loss And Loss Of Opportunity

Rajasthan Real Estate Regulatory Authority, Adjudicating officer Bench (Tribunal), comprising Justice RS Kulhari (Adjudicating Officer), has directed the builder to compensate the complainant for the financial loss and loss of opportunity due to the delay in handing over possession of a shop purchased in the builder's project Background Facts Relying on the brochure, the...

Failure To Transfer Shares Amounts As Deficiency In Service: NCDRC

The National Consumer Disputes Redressal Commission, presided by Justice A.P. Sahi and Dr Inder Jit Singh, held that while trading in shares is generally a commercial activity, a company's failure to perform its duty of transferring shares constitutes a deficiency in service. Brief Facts of the Case The complainants purchased around 250 shares of Glaxo...

Charging More Than MRP Constitutes Deficiency In Service:Ernakulam District Commission

The Ernakulam District Commission, presided by Shri. D.B. Binu, Shri. V. Ramachandran and Smt. Sreevidhia T.N., held that overcharging a customer and refusal to refund constitutes as deficiency in service. Brief Facts of the Case The complaint was filed under Section 35 of the Consumer Protection Act 2019 by a law student who visited the Bata showroom in Ernakulam to purchase...

Bank Liable for Ensuring Security of Pledged Customer Assets: Ernakulam District Commission Holds Union Bank Liable For Deficiency In Service

The Ernakulam District Commission, presided by Shri. D.B. Binu, Shri. V. Ramachandran and Smt. Sreevidhia T.N., held that the bank cannot avoid its responsibility to safeguard the assets pledged by its customers. Brief Facts of the Case The complainants filed a case against Union Bank of India, alleging deficiency in service and unfair trade practices after failing to return...

Refund Offer From Builder After Long Delay Considered Inadequate: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held Lucknow Development Authority liable for deficiency in service. The Commission held that a buyer can not be made to wait indefinitely for possession, and a refund offer from the builder after a long delay is inadequate. Brief Facts of the Case The builder, a...

Builder Legally Obligated To Deliver Completed Unit With Conveyance Deed: NCDRC

The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya and Mr. Bharatkumar Pandya, held that a builder is legally obligated to deliver a completed unit with the conveyance deed, and failure to do so constitutes a deficiency in service. Brief Facts of the Case The complainant booked a flat with Marvel Developers/developer, which had...

Delay In Delivering Possession After Receiving Deposits Constitutes “Deficiency In Service”: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held Vatika Limited liable for deficiency in service due to a delay in handing over the possession even after receiving the deposit amount. Brief Facts of the Case The complainant booked a residential unit in the “Urban Woods” project by M/s Vatika...