Failure To Disclose Material Illness Violation Of Utmost Good Faith: NCDRC

The National Consumer Disputes Redressal Commission, presided by Dr. Sadhna Shekhar, dismissed an appeal against United India Insurance and held that the insurer has no liability if the insured fails to disclose a material fact relevant to the insurer's risk assessment. Brief Facts of the Case The complainant, the Chairman of United Shippers Ltd., frequently...

Ernakulam District Commission Holds Cynosure Institute Liable For Failure To Refund Fee Despite Providing Assurance

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) held Cynosure Institute liable for negligence and deficiency in service for failure to refund the Complainant's fee paid for English class, despite promising a 100% refund. Brief Facts: The Complainant...

Thrissur District Commission Holds Daimler India, Its Dealer Liable For Unfair Trade Practice

The District Consumer Disputes Redressal Commission, Thrissur (Kerala) bench of Sri C.T. Sabu (President), Smt. Sreeja S.(Member) and Sri Ram Mohan R. (Member) held Daimler India and its dealer, Autobahn Trucking, liable for failure to give specific instructions to the Complainant for maintaining the vehicle's minimum 'AdBlue' for its proper functioning. Daimler and its dealer were...

New Delhi District Commission Holds Air India Liable For Failure To Notify Flight Cancellation And Loss Of Check-In Baggage

The District Consumer Disputes Redressal Commission-VI, New Delhi bench of Poonam Chaudhry (President), Bariq Ahmad (Member) and Shekhar Chandra (Member) has held Air India liable for deficiency in services for significant inconvenience caused to the Complainant due to the cancellation of a flight and the subsequent loss of baggage. Brief Facts: The Complainant, along with her...

Arbitration Clause In Buyer's Agreement Does Not Bar Jurisdiction Of Consumer Fora: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the Consumer Protection Act is supplementary to the existing legislations and the presence of an arbitration clause in a buyer's agreement does not bar the jurisdiction of the consumer fora. Brief Facts of the Case The complainant, who owns a property in Bangalore, entered into a...

Entitlement To Plot Allotment Under Government Policies Does Not Constitute Consumer Transaction: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the act of being entitled to plot allotment under government policies, rather than engaging in transactions for personal goods or services, falls outside the scope of the Consumer Protection Act. Furthermore, the related disputes do not qualify as a deficiency in service. Brief Facts of the Case...

Disclosure Of Bank Statement To Estranged Husband, Southwest Delhi Commission Holds Vijaya Bank Liable

The District Consumer Disputes Redressal Commission-VII, Southwest Delhi bench of Suresh Kumar Gupta (President), Harshali Kaur (Member) and Ramesh Chand Yadav (Member) held Vijaya Bank liable for deficiency in service and breach of trust for disclosing the Complainant's bank statements to her husband. The bench noted that there was a strained relationship between the Complainant and...

Failure To Resolve Credit Issue Within Promised Deadline, Ernakulam District Commission Holds Myntra Liable

The District Consumer Disputes Redressal Commission, Ernakulam (Kerala) bench comprising Shri D.B. Binu (President), Shri V. Ramachandran (Member) and Smt. Sreevidhia T.N. (Member) held Myntra liable for deficiency in service for failure to resolve the issue with the Complainant's credit points within the promised deadline. Brief Facts: The Complainant credited Rs. 5,000/- to...

Collecting Transfer Charges From Subsequent Purchaser Constitutes As Deficiency In Service: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that a developer requiring the buyer to pay transfer charges for a property where the developer no longer has any interest constitutes an unfair trade practice. Brief Facts of the Case The complainant is a purchaser from the original allottee who initially booked a flat in...

Builder Fails To Deliver Flat In Time, Karnataka RERA Orders Refund To Homebuyer

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N Raju (Member), has directed the builder to refund the amount paid by the homebuyer for a flat, as the builder failed to deliver possession as promised for the year 2021. Background Facts The homebuyers (Complainants) booked a flat in the builder's (Respondent no 1) project named Shriram Greenfield...

State Commission's Unilateral Alteration Of District Forum Order Is A Material Irregularity: NCDRC

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that the State Commission cannot suggestively alter a District Forum's well-reasoned order unilaterally without the complainant's consent Brief Facts of the Case The complainant paid Rs. 12,000 in cash and Rs. 41,392 by cheque for a tour package from Aryan Travel Point/Travel Agency....

Rajasthan RERA Directs Builders To Submit Detailed Architectural Drawings And Open Separate Bank Accounts

Rajasthan Real Estate Regulatory Authority (Authority) has directed builders/promoters to submit architectural drawings while applying for a Completion Certificate/Occupancy Certificate and to open three separate bank accounts. These directives are based on decisions made during the Authority's 18th meeting held on June 7th. The directive requires promoters to submit...