Consumer Cases
Can Homebuyers File Concurrent Complaints Before RERA and Consumer Court Seeking Similar Reliefs? MahaREAT Answers
Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that homebuyers can approach the Real Estate Regulatory Authority (Authority) even if they have already filed a complaint before the Consumer Court. However, if both complaints seek the same relief, the Doctrine of Election...
Buyers Have Rights To Refund In Cases Of Delay And Cancellation Of Allotment: NCDRC
The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and AVM J. Rajendra, held Big Banyan Roots liable for deficiency in service and held that a buyer has rights to a refund in cases of delay or cancellation of allotment. Brief Facts of the Case The complainant purchased an apartment with an undivided share in the property and entered into a sale...
Onus To Prove Deficiency Lies With Complainant: NCDRC
The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that the onus to prove the deficiency of service against the respondent lies with the complainant. Brief Facts of the Case The complainant purchased a vehicle from a third party who took out a loan from Mahindra Finance/Finance Company. The loan amount was to be repaid in 60...
Insurance Contracts Imply Duty Of Disclosure By Insured: NCDRC
The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that insurance contracts imply a duty of disclosure, and the contracts are voidable at the option of the insurer in case of concealment of information. Brief Facts of the Case The complainant's wife took out a policy under 'Jeevan Anand' from Life Insurance Corporation/insurer, with a sum...
Revisional Jurisdiction Is Confined To Specific Legal Parameters: NCDRC
The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the revisional jurisdiction of the National Commission is confined to specific legal parameters and should only be exercised in cases of jurisdictional errors or material irregularities. Brief Facts of the Case The complainant, M/s. Pink Pearl Laser and Amusement Private Limited had...
Insurer Cannot Rely On Exclusion Clause If Reason For Rejection Is Not Specified: NCDRC
The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held National Insurance Company liable for deficiency in service and held that the Insurer cannot rely on the exclusion clause of the policy for a defense if the reason for rejection is not specified. Brief Facts of the Case The complainant's daughter-in-law had purchased a medi-claim...
Buyers Entitled To Refund With Interest In Case Of Delay In Handing Over Possession: NCDRC
The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya, held Assotech Developers liable for deficiency in service due to delay in handing over possession of the booked flat. It was also held that buyers cannot be made to wait indefinitely for the delivery of possession. Brief Facts of the Case The complainant booked a flat with...
Rejecting Claims On Purely Technical Grounds Undermines Trust In Insurance Industry: NCDRC
The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held HDFC Insurance liable for deficiency in service and held that dismissing claims solely on technicalities undermines confidence in the insurance industry. Brief Facts of the Case The complainant insured his tractor with HDFC General Insurance/insurer and reported that his tractor broke down...
Consumer Cases Weekly Round-Up: 29th July To 4th August 2024
National Consumer Disputes Redressal Commission (NCDRC) NCDRC Holds New Delhi Institute Of Management Studies Liable For Misleading Student For Joining MBA Course The National Consumer Disputes Redressal Commission bench of Dr Inder Jit Singh (Presiding Member) held New Delhi Institute of Management Studies liable for deficiency in service and unfair trade practice for misleading...
Simple Errors Or Accidents Don't Constitute Medical Negligence: NCDRC
The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya and Mr. Bharatkumar Pandya dismissed a complaint Fortis Hospital and held that minor errors or accidents do not amount to negligence for medical professionals if they adhered to an accepted practice at the time. Brief Facts of the Case The complainant's wife suffered from cough and cold...
NCDRC Holds United Insurance Liable For Deficency In Service Due To Wrongful Repudiation Of Insurance Claim
The National Consumer Disputes Redressal Commission, presided by Dr. Sadhna Shanker in an appeal filed by Ramdev Masala held United India Insurance liable for deficiency in service due to wrongful repudiation of the insurance claim. Brief Facts of the Case The complainant company, Ramdev Masala had an insurance policy for Rs. 20,00,000 from United Insurance/ Insurer through a...
Public Charitable Trust Not A Person Under Consumer Protection Law: NCDRC
The National Consumer Disputes Redressal Commission, presided by Dr. Sadhna Shanker, held that a public charitable trust is not a person under the Act and cannot file a consumer complaint. Brief Facts of the Case The complainant, a charitable trust focused on producing quality Ayurvedic medicine, purchased two pieces of equipment from the dealer for Rs. 56 lakhs. Technical...