Consumer Cases Weekly Round-Up: 4th December 2023 - 10th December, 2023

National Consumer Disputes Redressal Commission (NCDRC) Delay In Construction And Delivery Of Flat, NCDRC Directs DK Reality To Refund Amount With Interest Case Title: Amresh Pednekar vs. D.K. Realty (India) Pvt. Ltd. The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Ram Maurya along with Dr. Inder Jit Singh as a member, partly allowed a consumer complaint against D.K. Realty India Pvt. Ltd. (Opposite Party) for the delay in construction of a housing project named "Livsmart." The main contention was based on the delay in delivering the flat as per the agreed timeline and subsequent failure to respond to the complainant's requests for cancellation and refund. As a result, the Commission held D.K. Reality liable, directing them to refund the entire amount deposited along with 9% interest per annum. Dancing Swing Ride Accident, NCDRC Directs Rizvana Amusement Co. To Pay Rs. 35 Lakhs to Complainant Case Title: Abhimanyu Singh vs Rizvana Amusement and 2 others The National Consumer Disputes Redressal Commission (NCDRC) bench led by Justice A.P. Sahi (President) held Rizvana Amusement, an amusement swing operator liable for deficiency in service due to an accident on a 'Dancing Chairs' swing which caused serious injury to the Complainant. The NCDRC awarded Rs. 25,00,000/- as pecuniary compensation and Rs.10,00,000/- as non-pecuniary compensation to the Complainant. Bihar State Consumer Disputes Redressal Commission Bihar State Commission Awards Additional Remedies to Passengers Robbed And Stabbed On Train, Railways Liable For Failure To Protect Lives Of Passengers Case Title: The Chairman, Railway Board and others vs Premshila Devi and others. The Bihar State Consumer Disputes Redressal Commission bench comprising Mr Justice Sanjay Kumar (President), Mr Ram Prawesh Das (Member) and Md Shamim Akhtar (Member) held the Railways Board, East-Central Railways and the Divisional Rail Manager of the Samastipur Division liable for failure to protect the lives of the passengers. The passengers were robbed, hit and stabbed when the train was going to Motihari station. The State Commission upheld its jurisdiction and held that consumer commissions can grant additional remedies even when certain remedies have already been granted under the Railways Act. Bihar State Consumer Disputes Redressal Commission Denial Of Insurance Claim, Bihar State Commission Dismisses Appeal By Reliance Nippon Life Insurance Case Title: Reliance Nippon Life Insurance Co. Ltd. vs Gharohari Devi The State Consumer Disputes Redressal Commission, Bihar bench comprising Mr Justice Sanjay Kumar (President), Mr Ram Prawesh Das (Member) and Shamim Akhtar (Member) dismissed an appeal filed by Reliance Nippon Life Insurance Company which contended misrepresentation of age on the policy holder's part while availing the policy. The State Commission held that the Insurance Company failed to discharge its burden of proof in light of the fact that the company's advisor himself filled out the proposal form after verifying the policyholder's age. State Consumer Disputes Redressal Commission, Uttarakhand District Commission Proceedings Mandatorily Require Presence Of President, Uttarakhand State Commission Nullifies Order Case Title: Hemvati Nandan Bahuguna Garhwal University vs Sh. Sudhanshu Sain and Anr. The State Consumer Disputes Redressal Commission, Uttarakhand bench, comprising Mr Justice D.S. Tripathi (President) and Mr B.S. Manral (Member), allowed an appeal against the impugned order of the District Commission, Haridwar, on the grounds of procedural irregularity. The State Commission held that the Consumer Protection Act requires the President of the District Commission to be present in each proceeding along with at least one member. Since the impugned order was decided by a bench solely comprising members of the District Commission, it was nullified, and the matter was remanded back to the District Commission for a fresh hearing. Consumer Disputes Redressal Commission at Ernakulam Issuance Of Poorly Printed Bills on Low-Quality Paper With Inferior Ink Is 'Unfair Trade Practice': Ernakulam District Commission Case Title: M.S. Sajeev Kumar v. Hewlet-Packard Global Soft PVT Ltd. & Ors. The Consumer Disputes Redressal Commission at Ernakulam recently held that the issuance of poorly printed bills on low-quality paper or with inferior ink amounts to 'deficiency of service' or 'unfair trade practice'. The Bench comprising President D.B. Binu, and Members V. Ramachandran and Sreevidhia T.N. relied upon the decision in Tata Chemicals Ltd. vs Skypak Couriers Pvt. Ltd. (2001), which laid down that the inclusion of terms and conditions and other particulars in bills is crucial for ensuring consumers' rights to be informed about the prices of products or services they purchase or ...

Consumer Cases Weekly Round-Up: 4th December 2023 - 10th December, 2023

Apoorva Pandita

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