CONSUMER CASES WEEKLY ROUND UP: DECEMBER 9 – DECEMBER 15

National Consumer Disputes Redressal Commission Purchases For Earning Livelihood Qualify As Commercial Purposes If Operated Solely By Others: NCDRC Case Title: M/S. Nitesh Colour Lab Vs. M/S. Jindal Photo Film Ltd. & 5 Ors Case Number: F.A. No. 642/2017 The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that purchases for earning a livelihood through self-employment qualify as commercial purpose if operated solely by others. Violations Must Constitute Fundamental Breach To Deny Insurance Claim: NCDRC Holds Bharti General Insurance Liable For Deficiency In Service Case Title: Bharti Axa General Insurance Company Ltd. Vs. Mool Chand Lalwani Case Number: R.P. No. 645/2021 The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that for an insurer to deny a legitimate claim, the violations alleged by them have to constitute a fundamental breach. Bank's Role As Intermediary Does Not Create Privity Of Contract With Insured: NCDRC Holds Insurance Company Liable Case Title: Sarva Haryana Gramin Bank Vs. Rajinder Singh & Ors. Case Number: R.P. No. 689/2023 The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM J. Rajendra, in a petition by Sarva Haryana Gramin Bank held that a bank's role as an intermediary does not create a privity of contract with the insurer. The bank in such cases won't be liable for the wrongs committed by the insurer. Surveyor's Report Can Only Be Rejected On Valid Grounds: NCDRC Case Title: M/S. Hundi Lal Jain Cold Storage & Ice-Factory Pvt. Ltd. Vs. United India Insurance Co. Ltd. Case Number: F.A. No. 214/2017 The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM J. Rajendra in an appeal against United India Insurance held that a surveyor's report is mandatory for insurance claims and it can only be rejected on reasonable grounds. National Commission Allows Appeal By Fast Engineers In AC Installation Disputes Case Title: Fast Engineers Vs. Deepshikha Kala Sansthan Case Number: F.A. No. 566/2022 The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, in an appeal by Fast Engineers clarified the proportionate relief in an AC dispute and overruled the State Commission's order. Zero Liability For Customers If Unauthorized Transactions Occur Without Their Fault: NCDRC Holds Union Bank Of India Liable For Deficiency In Service Case Title: Union Bank Of India Vs. M/S Vibhav Real Estate Case Number: R.P. No. 1551/2023 The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held Union Bank of India liable for deficiency in service owing to occurrence of unauthorized transactions. Raising Demand For Undisputed Consumption Of Electricity Not Deficiency In Service: NCDRC Case Title: State Bank Of India Vs. Jaipur Vidyut Vitran Nigam Limited Case Number: R.P. No. 1309/2022 The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra dismissed a petition by SBI and held that electricity charges become “first due” only after a bill is issued, even though liability arises on consumption. Raising an additional demand for undisputed consumption does not amount to deficiency in service. Telangana Consumer Disputes Redressal Commission Telangana State Commission Validates Builder's Claim of Outstanding Payments Case Title: M/s Narne Estates Pvt., Ltd. Vs. Shri Mohd. Adbul Rahim Case Number: F.A. No. 381/2020 The Telangana State Commission, presided by Sri. V. V. Seshubabu and K. Ranga Rao allowed an appeal by Narne Estates and modified the District Commission's order. The Commission acknowledged the builder's claim of outstanding payments on behalf of the buyer and directed the buyer to clear the same. Telangana State Commission Holds SBI Liable For Deficiency In Service For Collecting Excess Amount From Customer Without Proper Justification Case Title: The CEO, SBI Card Vs. Mr.Abdul Khader Case Number: F.A. No. 168/2019 The Telangana State Commission, presided by Smt. Meena Ramanathan And Sri. V. V. Seshubabu held State Bank of India liable for deficiency in service for collecting unaccounted funds from the customer without proper justification. Telangana State Commission Holds Hinduja Leyland Finance Liable For Deficiency In Service And Unfair Trade Practices Case Title: Hinduja Leyland Finance Ltd. Vs. Merugu Bhagavan Rao Case Number: F.A. No. 832/2020 The Telangana State Commission, presided by Smt. Meena Ramanathan and Sri. V. V. Seshubabu dismissed an appeal by Hinduja Leyland Finance and held them liable for deficiency in service and unfair trade practices for making claims against the complainant without any concrete evidence. Collection Of Penal Charges For Delay As Per Agreement Does Not Amount To...

CONSUMER CASES WEEKLY ROUND UP: DECEMBER 9 – DECEMBER 15

Amrisha Kumari

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