Forfeiture Must Be Reasonable Requiring Actual Proof Of Damage: NCDRC

The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya and Bharatkumar Pandya, held that forfeiture of earnest money must be reasonable and not penal, requiring proof of actual damage. Brief Facts of the Case The complainant stated that M/s Capital Heights Private Limited, the developer, launched a Group Housing Project. Trusting the developer,...

National Commission Cannot Interfere With Concurrent Factual Findings Made By Lower Fora: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the revision jurisdiction of the National Commission is limited in nature and it cannot interfere with the findings of the lower fora without proper evidence. Brief Facts of the Case The complainant alleged that the Union of India/post office and its authorized agent mishandled...

MD In Medicine Qualified To Treat ICU Patients Without Additional Intensive Care Training: NCDRC

The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya and Mr. Bharatkumar Pandya, dismissed an appeal against Akshaya Hospital and held that doctors with an MD in medicine are sufficiently qualified to treat ICU patients without needing extra intensive care training. Brief Facts of the Case The complainant's wife was admitted to Akshaya...

Ernakulam Consumer Commission Orders Rs 17.83 Lakhs As Compensation To Malayalam Film Actor

The Consumer Disputes Redressal Commission at Ernakulam recently ordered compensation of Rs 17,83,641 to Malayalam film actor Harishree Ashokan due to the supply and installation of defective tiles at his residence, 'Punjabi House'.The Bench comprising President D B Binu and Members Ramachandran V and Sreevidhia T N found that Peekya Tiles Centre (distributor), Kerala AGL World (manufacturer)...

Failure To Refund Despite Receiving Returned Items, Bangalore District Commission Holds Amazon Liable

The Additional District Consumer Disputes Redressal Commission-I, Bangalore (Karnataka) bench of Sharavathi S.M.(President) and Jyothi N (Member) held Amazon liable for deficiency in services due to its failure to refund the amount despite receiving the returned items. Brief Facts: The Complainant placed an order for a riding jacket and a mosquito mesh on Amazon, priced at...

Bangalore District Commission Holds Cashify Liable For Selling Defective Mobile Phone, Failing To Honour Warranty Terms

The Additional District Consumer Disputes Redressal Commission-II, Bangalore Urban (Karnataka) bench of Vijaykumar M Pawale (President), V Anuradha (Member) and Renukadevi Deshpande (Member) held Cashify liable for deficiency in services and unfair trade practices for selling a defective mobile phone and failing to either replace it or refund the amount despite the phone being...

Complaints Involving Allegations Of Fraud Are Outside Consumer Forum's Jurisdiction: Delhi State Commission

The State Consumer Disputes Redressal Commission, Delhi bench of Justice Sangita Dhingra Sehgal (President) and Pinki (Judicial Member) has held that consumer forums lack jurisdiction over complaints involving allegations of fraud and forgery as these disputes cannot be resolved summarily. Brief Facts: The Complainants experienced deficiencies in banking services provided by...

Bangalore District Commission Holds Titan Liable For Selling Defective Smartwatch With Charging Issue

The Additional District Consumer Disputes Redressal Commission-II, Bangalore Urban (Karnataka) bench of Vijaykumar M. Pawale (President), V. Anuradha (Member) and Kum. Renukadevi Deshpande (Member) held Titan liable for deficiency in service for selling a defective smartwatch and not responding to the Complainant's complaints. Brief Facts: The Complainant purchased a Fastrack...

Flat Buyer Cannot Be Made To Wait Indefinitely For Possession, NCDRC Holds Ansal Properties And Infrastructure Ltd. Liable For Delay

The National Consumer Disputes Redressal Commission (NCDRC) bench of Subhash Chandra (Presiding Member) held Ansal Properties and Infrastructure Ltd. liable for failure to deliver the possession of the flat within the stipulated time, despite receiving regular part-payments for the same. Brief Facts: The Complainant booked a residential flat in Ansal Properties and Infrastructure...

NCDRC Holds K. Soni Builders Liable For Failure To Deliver Possession Of Flat Within Stipulated Time

The National Consumer Disputes Redressal Commission (NCDRC) bench of Mr Subhash Chandra (Presiding Member) held K. Soni Builders liable for failure to handle the possession of the flat within the stipulated time to the Complainants. It was held that a flat buyer cannot be expected to wait indefinitely for possession and is justified in terminating the agreement if possession is...

Survey Report Must Be Given Due Consideration In Insurance Settlement Unless It Ignores Material Evidence Or Misrepresents Facts: NCDRC

The National Consumer Disputes Redressal Commission (NCDRC) bench of AVM J. Rajendra (Presiding Member) dismissed an appeal against New India Assurance Company Ltd. It was held that the claim stood settled in light of the surveyor's report, which rightfully calculated the loss. Due consideration was given to the surveyor's report and the challenge against it was rejected based on lack...

Haryana RERA Directs Ocean Seven Buildtech To Pay Interest To 15 Homebuyers Of Expressway Towers For Delayed Possession

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed Ocean Seven Buildtech Pvt. Ltd., the builder, to pay interest to the 15 homebuyers of the Expressway Towers project located at Sector 109, Gurugram, for the delay in handing over possession. The project was an affordable housing project, and possession was expected to be...