Consumer Cases Weekly Round Up: 30th December 2024 – 5th January 2025

National Consumer Disputes Redressal Commission NCDRC Holds Experion Developers Liable For Deficiency In Service Case Title: Mitesh Bhalla & Anr. Vs. Experion Developers Pvt. Ltd. Case Number: C.C. No. 326/2019 The National Consumer Disputes Redressal Commission, presided by Justice Sudip Ahluwalia held Experion Developers liable for deficiency in service and stated that forfeiture of more than 10% of the basic sale price by the developer is unreasonable. Delay In Settling Insurance Claim: NCDRC Holds Oriental Insurance Liable For Deficiency In Service Case Title: Oriental Insurance Co. Ltd Vs. M/S. Hind Metals & Industries (P) Ltd Case Number: F.A. No. 1196/2018 The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker held Oriental Insurance liable for deficiency in service over wrongful repudiation and delay in settling the insurance claim amount. Consumer Complaint Cannot Be Dismissed Due To Non-Joinder Of Party: NCDRC Remands Petion Filed By Cholamandalam Finance Case Title: Cholamandalam Investment & Finance Ltd. Vs. Uttam Rao Pawade & Anr. Case No: Revision Petition No. 3169 OF 2016 The National Consumer Disputes Redressal Commission presided by Justice A. P. Sahi (President) and DR. Inder Jit Singh (Member) held that a Consumer Complaint cannot be dismissed on the ground of non-joinder of party without whom an effective order can be passed. Food Safety and Standards Authority of India (FSSAI) FSSAI Issues Advisory For E-Commerce Food Business Operators To Ensure Consumer Protection The Food Safety and Standards Authority of India (FSSAI) has issued directives on food safety norms to E-commerce Food Business Operators (FBOs) such as Swiggy, Zomato, Big Basket, etc. This was done with an intent to ensure that consumers receive safe and accurately represented products. Due compliance of the directions would make the industry more transparent thereby eliminating the possibilities of any risks and fraudulent practices. Delhi Consumer Disputes Redressal Commission Delhi State Commission Holds FIITJEE Liable For Holding Entire Course Fee Collected In Advance Case Title: FIITJEE vs Rajeev Luthra Case Number: First Appeal 249/2014 The Delhi State Commission bench presided by Justice Sangita Dhingra Sehgal, Judicial Member Pinki and General Member J.P Agrawal has held that coaching institutes collecting fees for the entire course in advance can use the said fees only for the particular semester and the balance amount to be kept deposited in a bank account. Delhi State Commission Holds ICICI Lombard Liable For Deficiency In Service Over Wrongful Repudiation Of Insurance Claim Case Title: ICICI Lombard General Insurance Co. Ltd. Vs. Mr. Inderjeeet Singh Case Number: F.A. No. 15/2016 The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held ICICI Lombard General Insurance liable for deficiency in service and held that a claim cannot be rejected merely because of failure to strictly adhere to procedural formalities. Insurers Cannot Introduce New Repudiation Grounds: Delhi State Commission Holds National Insurance Liable Case Title: National Insurance Co. Ltd. Vs. M/S. Shiva Fashion Case Number: F.A. NO. 642/2023 The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held National Insurance liable for deficiency in service over wrongful repudiation of legitimate insurance claims. It further held that insurers cannot introduce new repudiation grounds during the policy claim. Delhi District Consumer Disputes Redressal Commission Delhi District Commission Holds Country Holidays Inn & Suites Liable For Arbitrary Withholding Of Amount Paid Under Holiday Membership Package Case Title: Astha Gupta vs Country Holidays Inn & Suites Case Number: Complaint Case 127/2022 [ Delhi district commission, West] The Delhi District Consumer Disputes Redressal Commission (West) has held Country Holidays Inn & Suites liable for withholding the holiday membership amount of the complainant even when no holiday stays were booked by him under the package. The bench presided by President Sonica Mehrotra, Member Richa Jindal and Member Anil Kumar Koushal has observed that forfeiting such hard earned money of the complainant amounts to undue enrichment to the hotel and is an unfair trade practice. Baramulla District Consumer Disputes Redressal Commission Baramulla District Commission Holds Religare Broking Ltd. Liable For Non-Closure Of Inactive Demat Account Case Title: Amit Pandita vs Aman Kumar (Manager), Religare Broking ltd. Case Number: Consumer Complaint 32/2024 The Baramulla District Consumer Disputes Redressal Commission (Jammu & Kashmir) has held Religare Broking Ltd. liable for non-closure of an inoperative demat and trading account despite ...

Consumer Cases Weekly Round Up: 30th December 2024 – 5th January 2025

Amrisha Kumari

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