Consumer Cases
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...
Limitation Period Cannot Be Extended Based On Discussions Or Exchange Of Letters: NCDRC
The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra, held that the law of limitation must be strictly enforced, requiring that complaints be filed within the designated timeframe. The limitation period cannot be extended based on discussions or correspondence, as it is not considered a continuing action. Brief Facts of the Case The complainant,...
Burden Of Proof Lies With Complainant In Consumer Cases: Ernakulam District Commission
The Ernakulam District Commission, presided by Shri. D.B. Binu, Shri. V. Ramachandran and Smt. Sreevidhia T.N., held that the burden of proof in consumer cases lies with the party making the claim and the manufacturer cannot be held responsible without adequate proof of deficiency in service or manufacturing defect. Brief Facts of the Case The complainant entrusted their LG...
Failing To Contact Customer To Resolve Issue Amounts As 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 Federal Bank liable for deficiency in service. It was held that the bank's failure to directly refund the excess amount to the complainant, despite the availability of contact information, constituted a deficiency in service. Brief Facts of the Case ...
Karnataka RERA Holds Shriprop Projects For Delayed Possession Of 2 Years, Orders Interest To Homebuyer
Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N. Raju (Member), has directed Shriprop Projects Pvt. Ltd, the builder, to pay interest to the homebuyer after the builder handed over possession of the flat with a 2-year delay. According to the terms of the agreement, the builder was supposed to hand over possession by September...