Consumer Forum Cannot Decide Ex Parte Before Expiration Of 45 Days Required To File Written Statement: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, allowed an appeal by Cholamandalam General Insurance and held that the lower fora cannot decide on a party being ex parte before the expiration of the limitation period of 45 days given to the party to file the written statement.Brief Facts of the Case The Complainant obtained a loan from a bank to purchase...

Surveyor's Report Can't Be Rejected Unless Arbitrary: NCDRC

The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya, allowed an appeal by United India Insurance and held that the surveyor's report in an insurance cannot be rejected unless proved to be arbitrary and unreasonable. Brief Facts of the Case The complainant, a poultry feed producer, stored raw and finished materials in a building insured by...

Malappuram District Commission Holds Ola Liable For Failure To Deliver E-Scooter After Receiving Full Payment

The District Consumer Disputes Redressal Commission, Malappuram (Kerala) bench of Mohandasan K (President), Mohamed Ismayil (Member) and Preethi Sivaraman (Member) held Ola and its dealer liable for deficiency in services due to their failure to deliver the electric scooter as promised which led the Complainant to cancel the booking. Brief Facts: The Complainant...

Consumer Fora Lack Jurisdiction To Deal With Offences Under Electricity Act, 2003: Bihar State Commission

The State Consumer Disputes Redressal Commission, Bihar bench of Gita Verma (Judicial Member) and Md. Shamim Akhtar (Judicial Member) held that consumer forums under the Consumer Protection Act, 1986, do not have jurisdiction to entertain complaints against assessments made under Section 126 (assessments for unauthorized use of electricity) or actions taken under Sections...

Piece Of Glass Found Inside Kingfisher Beer, Palakkad District Commission Holds United Breweries Limited Liable

The District Consumer Disputes Redressal Commission, Palakkad (Kerala) bench of Vinay Menon (President) and Krishnankutty N.K. (Member) held United Breweries Limited, the manufacturer of Kingfisher beer, liable for deficiency in services for selling Kingfisher beer which had a piece of glass inside it. Brief Facts: The Complainant bought a Kingfisher Storm super premium beer from...

Failure To Refund Coaching Fee Despite Withdrawal Of Admission, Mumbai District Commission Holds Rao IIT Academy Liable

The District Consumer Disputes Redressal Commission, Mumbai (Maharashtra) bench of Samindara R. Surve (President), Sanjay S. Jagdale (Member) and Sameer S. Kamble (Member) held Rao IIT Academy liable for deficiency in services for failure to refund the fee for its advance course even after the student withdrew his admission after attending just 2-3 classes. Brief Facts: The...

Surveyor Assessments Should Adhere To Insurance Act's Code Of Conduct: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held National Insurance Company liable for deficiency in service due to denial of an insurance claim based on a surveyor's arbitrary report. It was held further held that surveyor's report should be in line with the insurance act's code of conduct. Brief Facts of the Case The complainant...

Failure To Provide Satisfactory After-Sales Services Or Provide Replacement, New Delhi District Commission Holds Apple India Liable

The District Consumer Disputes Redressal Commission-VI, New Delhi bench of Poonam Chaudhry (President), Shekhar Chandra (Member) and Bariq Ahmad (Member) held Apple India Private Limited liable for deficiency in service for failing to provide proper after-sales services and repair the iPhone within a reasonable period. Brief Facts: The Complainant purchased an Apple iPhone 6 from...

Failure To Provide Breakdown Of Maintenance Expenses, Goa State Commission Holds Total Securities Builders Liable

The State Consumer Disputes Redressal Commission, Goa bench comprising Mrs Varsha R Bale (President) and Ms Rachna Anna Maria Gonsalves (Member) held Total Securities Pvt. Ltd., a real estate company, liable for presenting arbitrary bills to the Complainants for maintenance without providing breakdown of expenses and other necessary details. Brief Facts: The...

South Mumbai District Commission Holds IndusInd Bank Liable For Failure To Communicate Terms Of Secondary Credit Card

The District Consumer Disputes Redressal Commission, South Mumbai (Maharashtra) bench of P.G. Kadu(President), S. A. Petkar (Member) and G. M. Kapse (Member) held IndusInd Bank liable for deficiency in services for failure to communicate the conditions of holding a secondary credit card and explain why it was not eligible for EMI payments. Brief Facts: The Complainant...

Medical Professionals Not Liable For Reasonable Errors, But Pacemaker Should Have Shown To Patient : NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, in a petition filed by Paras Hospital, held that a medical professional is not liable simply because of an error in judgment if the chosen treatment was reasonable. Brief Facts of the Case The complainant's wife was admitted to Paras Hospital due to severe respiratory and cardiac issues. Under...

Failure To Issue No Objection Certificate Despite Loan Repayment, Ernakulam District Commission Holds Kotak Mahindra Prime Liable

The District Consumer Disputes Redressal Commission, Ernakulam (Kerala) bench of D.B Binu (President), Ramachandran(Member) and Sreevidhia T.N (Member) held Kotak Mahindra Prime liable for deficiency in services for failing to issue a No Objection Certificate (NOC) despite the Complainant fully repaying the entire loan, including interest. Brief Facts: The Complainant...