Consumer Cases
Act Of Unauthorized Use Of Electricity Does Not Fall Within Ambit Of Consumer Protection Act: Madhya Pradesh State Commission
The State Consumer Disputes Redressal Commission, Madhya Pradesh bench of Shri A.K. Tiwari (Acting President) and Dr Srikant Pandey (Member) held that acts of unauthorized use of electricity and offences under Sections 126 and 135 of the Electricity Act, 2003 do not fall within the ambit of the Consumer Protection Act, 1986. Brief Facts: The Complainant had obtained a...
Kullu District Commission Holds New India Assurance Co. Liable For Wrongful Repudiation Of Genuine Claim
The District Consumer Disputes Redressal Commission, Kullu (Himachal Pradesh) bench of Mr Purender Vaidya (President) and Ms Manchali (Member) held that an FIR filed by an uninvolved third party cannot be used by the Insurance Company to dispute the insured's version of facts regarding the accident. As a result, National India Assurance Company was held liable for wrongful repudiation...
Failure To Provide Plot-Buyer's Agreement, NCDRC Holds DLF Homes Panchkula Liable For Deficiency In Service
The National Consumer Disputes Redressal Commission (NCDRC) bench of Justice A.P. Sahi (President) held DLF Homes Panchkula Pvt. Ltd. liable for deficiency in service and unfair trade practice for failure to execute the plot-buyer's agreement and subsequently, cancelling the booking after charging excessive forfeiture amount. Brief Facts: The Complainant booked a plot built by...
Repeated Repairs Do Not Automatically Imply Manufacturing Defect, Expert Evidence Needed: Haryana State Commission Allows Hero MotoCorp's Appeal
The State Consumer Disputes Redressal Commission, Haryana bench of Mr Naresh Katyal (Judicial Member) and Mrs Manjula Sharma (Member) held that in order to prove a manufacturing defect in a vehicle, an expert report is mandatorily required. Repeated repairs and recurring defects do not automatically prove the presence of a manufacturing defect. Brief Facts: The Complainant...
Ernakulam District Commission Holds Visudha Sadhu Janasangham Liable For Failure To Disburse Promised Cremation Benefits
The District Consumer Disputes Redressal Commission, Ernakulam (Kerala) bench of Shri D.B. Binu (President), Sri V. Ramachandran (Member) and Smt. Sreevidhia T.N. (Member) held Visudha Sadhu Janasangham, Thoppumpady (Kochi) liable for failure to give promised cremation benefits to its shareholders as per its binding bye-laws. The society was established for the purpose of financing...
Rajasthan RERA Orders Refund To Four Homebuyers Of Sahara City Homes
Rajasthan Real Estate Regulatory Authority (Authority) Bench, comprising Veenu Gupta (Chairperson), has directed Sahara Prime City Limited, the builder, to refund the amount paid by four homebuyers of the Sahara City Homes project, Jaipur after the builder failed to provide timely possession. Background Facts Homebuyers (Complainants) booked flat numbers B8/904, B5/502, C4/701,...
In Absence Of Fundamental Breach Of Insurance Policy, Up To 75% Expenses Can Be Claimed On Non-Standard Basis: Madhya Pradesh State Commission
The State Consumer Disputes Redressal Commission, Madhya Pradesh bench of Mr A.K. Tiwari (Presiding Member) and Mr Shrikant Pandey (Member) reiterated that when there is no 'fundamental breach' of an insurance policy, the insured can claim up to 75% of the expenses incurred on a non-standard basis from the Insurance Company. The non-standard claims are negotiated claims which cater...
Muscle Injury Due To Excessive Training, Chandigarh State Commission Holds Raw House Fitness, Its Gym Trainer Liable
The State Consumer Disputes Redressal Commission, U.T. Chandigarh bench of Justice Raj Shekhar Attri (President) and Mr Preetinder Singh (Member) held Raw House Fitness, a gym in Chandigarh and its trainer liable for instructing a strenuous workout to a new joinee which caused him a medical problem named 'Rhabdomyolysis'. The gym was also held liable for imposing one-sided terms...
Educational Institutions Are Not Covered Under Consumer Protection Act, Bihar State Commission Dismisses Appeal Against Bihar School Examination Board
The State Consumer Disputes Redressal Commission, Bihar bench comprising Justice Sanjay Kumar (President), Mr Raj Kumar Pandey (Member) and Mr Ram Prawesh Das (Member) reiterated the settled position that education institutions rendering education are not covered under the Consumer Protection Act, 1986. It dismissed an appeal filed against the Bihar School Examination Board for...
Eight Years Delay In Completing Project, Karnataka RERA Orders Sashwati Realty To Refund
Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member), has directed M/S Sashwati Realty, the builder, to refund the amount paid by the homebuyer to purchase a flat, after the builder failed to complete the project even after Eight-year delay Background Facts The homebuyer (Complainant) entered into an agreement on October 24, 2013, to purchase...
District Commission Must Refer Points Of Difference To Third Member If Two Presiding Members Don't Agree: Uttarakhand State Commission
The State Consumer Disputes Redressal Commission, Uttarakhand bench Ms Kumkum Rani(President) and Mr BS Manral (Member) allowed an appeal based on the District Commission's failure to follow the proper procedure under Section 14(2A) of the Consumer Protection Act, 1986. Proviso to Section 14(2A) provides that “Provided that where the proceeding is conducted by the President and...
MahaRERA Orders Aurangabad Holiday Resorts To Pay Interest To Homebuyer, Rejects Late Environmental Clearance As Cause For Delay
Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Member – I), has directed Aurangabad Holiday Resorts, the builder, to pay interest to the homebuyer for the delay in handing over possession of the flats. The authority rejected the builder's contention that the delay was caused by late environmental clearance and...