Consumer Cases
Mere Allegations Of Negligence Are Insufficient To Prove Deficiency: Ernakulam District Commission
The Ernakulam District Commission, presided by Shri. D.B. Binu, Shri. V. Ramachandran and Smt. Sreevidhia T.N., held that mere allegations of negligence are insufficient and concrete evidence is required to hold a manufacturer liable for deficiency in service. Brief Facts of the Case The complainant purchased a TCL LED TV with a three-year warranty from a TCL Showroom....
Consumer Cases | Applications To Condone Delay In Filing Written Statements Filed Before 'New India Assurance 2' Decision Can't Be Summarily Rejected : Supreme Court
In a recent consumer case, the Supreme Court directed the National Consumer Dispute Redressal Commission (“NCDRC”) to decide the delay condonation application of the defendant for filing a written statement beyond the statutory period of a maximum 45 days i.e., after a delay of 285 days. Since the delay condonation application for filing the written submissions was preferred before...
MahaREAT Criticizes MahaRERA's Casual Approach, Directs Spenta Builders to Pay Interest from Default Date Until Possession Handed Over
While directing M/s. Spenta Builders Pvt. Ltd , the builder to pay interest from the due date of possession until the date possession was handed over to the homebuyer, Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Shrikant M. Deshpande (Technical Member), criticized the casual and non-serious approach of the Maharashtra...
Karnataka RERA Orders Maars Infra Developers To Pay 7.12 Lakh Rupees To Homebuyer As Interest For Delay In Handing Over Possession
Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N Raju (Member), has directed Maars Infra Developers Pvt Ltd, the builder, to pay 7.12 lakh rupees to the homebuyer as interest for a delay of 1 year in handing over possession of the flat. Background Facts On 18.09.2018, the homebuyer (Complainant) booked a flat in the builder's (Respondent no...
Service Of Legal Notice Through WhatsApp, Other Electronic Means Recognized Under Consumer Protection Act: Ernakulam District Commission
The District Consumer Disputes Redressal Commission, Ernakulam (Kerala) bench of Shri D.B. Binu (President), Shri V. Ramachandran (Member) and Smt. Sreevidhia T.N. (Member) permitted the complainant to serve notice via WhatsApp to the opposite party. The bench recognized the service of notices through electronic means to prevent parties from attempting to evade legal proceedings...
Consumer Protection Act - Dominant Purpose To Be Looked Into To Ascertain Whether Transaction Was Commercial: Supreme Court
While dealing with the issue whether a real estate company that purchased a flat for the personal use of its Director is a "consumer" under Section 2(7) of the Consumer Protection Act, the Supreme Court recently reiterated that deciding the intended use of the purchased goods (personal or commercial) would depend on the facts and circumstances of each case."It is the dominant intention of...
Panchkula District Commission Holds '24 Seven' Liable For Selling Expired Food Product
The District Consumer Disputes Redressal Commission, Panchkula (Haryana) bench of Sh. Satpal (President) and Dr Sushma Garg (Member) held the '24 Seven' store liable for unfair trade practices for selling products beyond their expiry date. Brief Facts: The Complainant purchased groceries, including a bag of Kari & Kari (Japanese Premium Snacks), from 24 Seven (“Seller”)....
NCDRC Holds SBT Liable for Losing Original Title Deed Secured for Loan
The National Consumer Disputes Redressal Commission (NCDRC) bench of Mr Subhash Chandra (Presiding Member) and Dr Sadhna Shanker (Member) held 'State Bank of Travancore' liable for deficiency in service for losing the original title deed submitted by the complainant as security for a housing loan. Brief Facts: The Complainant had taken a housing loan from the State Bank of...
Vijayapur District Commission Holds Reliance General Insurance Co. Liable For Wrongful Repudiation Of Valid Claim
The District Consumer Disputes Redressal Commission, Vijayapur (Karnataka) bench of Shri Ambadas Kulkarni and Smt. V.B. Mutalik Desai held 'Reliance General Insurance Co. Ltd.' liable for failure to disburse the insurance amount for a valid car accidental claim. It was held that the occurrence of the accident and the damage were proven and thus, the claim should have been...
Registration Of Vehicle At Time Of Accident Is Mandatory To Claim Insurance Amount: Haryana State Commission
The State Consumer Disputes Redressal Commission, Haryana bench of Mr Naresh Katyal (Judicial Member) and Mr S.C. Kaushik (Member) held that the insurer is not under any obligation to disburse the accidental claim amount for unregistered vehicles at the time of the accident/theft. The bench highlighted that non-registration of vehicles amounts to an offence under Section 192 of the...
Why Ask Lawyers To File Physical Copies In Addition To E-Filed Copies? Supreme Court Asks NCDRC
The Supreme Court on Tuesday (August 20) verbally observed that asking advocates to file physical copies of their appeals/applications at the National Consumer Disputes Redressal Commission (NCDRC) in addition to virtual filing would defeat the purposes of e-filing.The bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra was hearing a petition seeking efficient...
Consumer Cases Weekly Round-Up: 12th to 18th August 2024
National Consumer Disputes Redressal Commission Sufficient Cause Needs To Be Given To Condone Delay: NCDRC The National Consumer Disputes Redressal Commission, presided by Justice A.P. Sahi, held that a consumer complaint is barred by limitation under Section 24A of the act, and sufficient reason needs to be given for the condonation of the said delay. Case Title:...