Consumer Cases Monthly Digest: January 2024
Apoorva Pandita
6 Feb 2024 3:15 PM GMT
National Consumer Disputes Redressal Commission National Consumer Commission Holds Raheja Developers Limited for Deficiency in service The National Consumer Disputes Redressal Commission presided by Justice A.P. Sahi (President) held Raheja Developers Limited liable for deficiency in services and directed to refund entire amount of booking along with 18%...
National Consumer Disputes Redressal Commission
National Consumer Commission Holds Raheja Developers Limited for Deficiency in service
The National Consumer Disputes Redressal Commission presided by Justice A.P. Sahi (President) held Raheja Developers Limited liable for deficiency in services and directed to refund entire amount of booking along with 18% interest.
National Consumer Disputes Redressal Commission
Failure To Reverse Fraudulent Transactions, NCDRC Holds HDFC Bank Liable For Deficiency In Service
The National Consumer Disputes Redressal Commission (“NCDRC”), New Delhi bench led by Dr. Inder Jit Singh (Presiding Member) held HDFC Bank liable for deficiency in services for failing to provide security measures to the credit card issued to the Complainant which resulted in unauthorized transactions amounting to Rs. 24,000/-. The NCDRC set aside the respective orders of East Delhi District Commission and Delhi State Commission and directed HDFC Bank to refund Rs. 24,000/- and to pay a compensation of Rs. 10,000/- to the Complainant.
National Consumer Disputes Redressal Commission
The National Consumer Disputes Redressal Commission presided by Mr. Subhash Chandra as presiding member has allowed a consumer complaint against Supertech Realtor Pvt Ltd. for failing to deliver possession of a booked unit at 'Super Nova' project in Noida within the stipulated time frame despite receiving substantial payments from the complainants. The commission found that the delay in possession amounted to a deficiency in service, and as a result, directed Supertech Realtor Pvt Ltd. to refund the entire amount deposited by the complainants with simple interest at 9% per annum along with litigation costs of Rs. 50,000/- to the complainant.
National Consumer Disputes Redressal Commission
The National Consumer Disputes Redressal Commission bench comprising of Justice Ram Surat Ram Maurya as Presiding Member partly allowed a consumer complaint against Metro Builders (Orissa) for deficiencies in providing promised amenities in their "Metro Satellite City-I" project. The complaint, filed by 42 flat buyers, was regarding several unfulfilled commitments such as constructing a sewage treatment plant, club/auditorium, medical dispensary, swimming pool, gymnasium, open space, and indoor game space. The buyers alleged that despite collecting specified amounts for these facilities, several amenities were either incomplete or not provided.
National Consumer Disputes Redressal Commission
NCDRC Holds Godrej Properties Liable For Deficiency In Service
The National Consumer Disputes Redressal Commission, headed by Subhash Chandra as President, held Godrej Properties liable for deficiency in service over refusal to refund the earnest money paid by the complainant, even following the cancellation of the purchase.
National Consumer Disputes Redressal Commission
National Consumer Commission Holds Oriental Insurance Liable For Deficiency In Service
The National Consumer Disputes Redressal Commission, presided by Subhash Chandra(member), held that the Custom Bonded Warehouse schemes don't require the insured to own the stocked goods to claim the insurance policy and held Oriental Insurance company liable for service deficiency.
National Consumer Disputes Redressal Commission
National Consumer Commission Holds RPS Infrastructure Liable For Deficiency In Service
The National Consumer Disputes Redressal Commission, presided by Subhash Chandra(member), in a complaint against RPS Infrastructure, held that relying on force majeure conditions is unacceptable unless they are adequately substantiated with specific evidence that directly connects external factors to project delays.
National Consumer Disputes Redressal Commission
Compensation Beyond The Date Of The Offer Of Possession Is Not Justifiable: NCDRC
The National Consumer Disputes Redressal Commission, presided by Subhash Chandra (member) in a case against Shipra Estate, held that compensation for delayed possession is typically granted only until the valid offer of possession. In this context, the claim for compensation beyond the date of the possession offer is deemed unjustifiable.
National Consumer Disputes Redressal Commission
The National Consumer Disputes Redressal Commission, presided by Subhash Chandra, dismissed a revision petition alleging deficiency of service against Oriental Insurance.
National Consumer Disputes Redressal Commission
NCDRC Holds DLF Home Developers Ltd. Liable For Deficiency In Service, Orders A Refund
The National Consumer Disputes Redressal Commission (NCDRC) has ruled in favor of the complainants in a case related to a flat booked in the Hyde Park Estate, New Chandigarh. The judgment, delivered by the Commission, directs the developer to refund an amount exceeding Rs. 1 crore to the complainants.
National Consumer Disputes Redressal Commission
The National Consumer Disputes Redressal Commission, comprising Subhash Chandra(President) and Bharatkumar Pandya (member), in a case relating to Oasis Landmarks, held that in the event of a contract breach, it is reasonable to forfeit only 10% of the fundamental sale price as “earnest money” and not more.
National Consumer Disputes Redressal Commission
The National Consumer Disputes Redressal Commission, consisting of Ram Surat Ram Maurya (President) and Bharatkumar Pandya (member), held that the buyer cannot be made to wait for an infinite period to deliver possession, considering such a delay as deficiency of service.
Haryana Real Estate Regulatory Authority
The Haryana Real Estate Regulatory Authority, Gurugram bench comprising of Ashok Sangwan (Member) held Manglam Multiplex Private Limited liable for forfeiture of earnest money paid by the Complainants after the Complainants cancelled the booking for a unit in Section 65 of Gurugram. The bench directed it to refund the earnest money paid by the Complainant and reiterated the allottee's unequivocal and absolute right to seek a refund if the promoter fails to deliver possession within the stipulated time.
Delhi State Consumer Disputes Redressal Commission
The Delhi State Consumer Disputes Redressal Commission bench comprising Rajan Sharma (Judicial Member) and Bimla Kumari (Female) held Emirates Airlines liable for deficiency in service for ignoring the request to provide water to the Complainant's son and subsequently behaving rudely while dismissing the request at 2 occasions. The bench directed it to pay Rs. 1.5 Lakhs (Compensation and Litigation Costs) to the Complainant.
State Consumer Commission, Uttar Pradesh
The State Consumer Disputes Redressal Commission, Uttar Pradesh, led by Hon'ble Mr. Justice Ashok Kumar, has ruled in favor of homebuyer against Sahara Prime City Ltd. The case sheds light on the challenges faced by the complainants who, despite substantial payments, were denied possession of their allotted unit. This decision emphasizes the imperative for accountability in real estate transactions and sets a significant precedent for consumer protection in the industry.
State Consumer Commission, Uttar Pradesh
State Consumer Commission, UP presided over by Mr. Justice Ashok Kumar, the Chairman, declared a verdict in favor of the appellant, Ketan Kumar Singh, in a dispute against S.M. College of Veterinary Sciences and Animal Research. The appeal was filed against the order of the District Consumer Protection Commission, Mathura. The appellant sought relief under the Consumer Protection Act, presenting his case against the college's refusal to refund his fees.
State Consumer Commission, Uttar Pradesh
The State Consumer Dispute Redressal Commission, Uttar Pradesh, presided by Justice Ashok Kumar (President) held Air India liable for deficiency in services and directed to pay compensation and refund for the tickets.
Punjab State Consumer Disputes Redressal Commission
Trade In Old Vehicle, Car Seller A Consumer: Punjab State Commission
The Punjab State Consumer Disputes Redressal Commission, led by H.P.S. Mahal (Judicial Member) and Kiran Sibal (Member), overturned the decision of the District Commission. They sided with an appeal against Hyundai Motors and a connected seller regarding deficiency in service.
Himachal Pradesh State Consumer Disputes Redressal Commission
H.P. State Commission Allows SBI Appeal Against Customer's Plea Of Unauthorised Withdrawal From ATM
The Himachal Pradesh State Consumer Disputes Redressal Commission bench led by Justice Inder Singh Mehta (President) allowed an appeal by the State Bank of India against the Complainant who alleged unauthorized withdrawals of Rs. 4 Lakhs from his savings bank account. The State Commission held that since the ATM Card remained in the Complainant's custody, it was his responsibility to use it cautiously and not share the secret PIN with anyone else.
Himachal Pradesh State Consumer Disputes Redressal Commission
The State Consumer Disputes Redressal Commission, Himachal Pradesh bench comprising Justice Inder Singh Mehta (President) and Mr R.K. Verma (Member) held Simla Autozone, Parel, a dealer of Ashok Leyland Company, individually liable for failure to return/refund the down payment to the Complainant whose tipper exhibited several defects within the warranty period. The State Commission held that the relationship between Ashok Leyland and the Dealer was on a principal-to-principal basis, with the Dealer responsible for the down payment and possession of the Tipper.
State Consumer Disputes Redressal Commission, Uttar Pradesh
Case Title: Rachit Srivastava vs Grand Venice Mall and Others
The State Consumer Disputes Redressal Commission, Uttar Pradesh bench comprising Mr Justice Ashok Kumar (President) dismissed an appeal filed by the Complainant against Grand Venice Mall, Greater Noida and a rock-climbing company operating within its premises. The State Commission held that the Complainant failed to prove the alleged ankle injury, communication with Game Operators and other allegations made against the mall and the Game Operators.
Consumer Disputes Redressal Commission at Ernakulam
Food Poisoning: Kerala Consumer Forum Directs Bakery To Pay Rs.50,000 Compensation To Family
Case title: Santhosh Mathew v K N Bhaskaran
The Consumer Disputes Redressal Commission at Ernakulam recently ordered a Bakery to pay compensation of 50,000 rupees to a family affected by food poisoning on consumption of its food articles. The Bench comprising President D B Binu and Members Ramachandran V and Sreevidhia T N also commended the efforts taken by the family in taking action against the bakery.
District Consumer Disputes Redressal Commission-VI, New Delhi
Case Title: Sandeep Kumar Mishra vs Indian Railway Catering and Tourism Corporation Ltd. (IRCTC) and Anr.
The District Consumer Disputes Redressal Commission-VI, New Delhi bench comprising Poonam Chaudhry (President), Bariq Ahmad (Member) and Shekhar Chand (Member) held IRCTC and Northeastern Railway liable for deficiency in services for failure to refund the ticket when the passengers remained in the waiting list on the day of the journey. The bench directed them to refund the ticket price and pay Rs. 25,000/- to the Complainant for litigation cost.
District Consumer Disputes Redressal Commission, Gurdaspur (Punjab)
The District Consumer Disputes Redressal Commission, Gurdaspur (Punjab) bench comprising of Lalit Mohan Dogra (President) and Bhagwan Singh Matharu (Member) held Cholamandalam General Insurance Company liable of deficiency in services for falsely repudiating the claim citing non-supply for the documents by the Complainant. The bench directed it to pay Rs. 85,800 to the Complainant and expressed concerns over the repudiation of valid claims in an overly technical manner.
District Consumer Disputes Redressal Commission-I (Chandigarh)
The District Consumer Disputes Redressal Commission-I (Chandigarh) bench comprising Pawanjit Singh (President), Surjeet Kaur (Member) and Suresh Kumar (Member) and Suresh Kumar Sardana (Member) held PNB Housing Finance Ltd. liable for imposing prepayment charges on the loan and delay in delivery of loan cheque. The bench directed it to refund the deducted amount and pay Rs. 10,000/- compensation and Rs. 8,000/- litigation costs.
District Consumer Disputes Redressal Commission, Gurdaspur (Punjab)
The District Consumer Disputes Redressal Commission, Gurdaspur (Punjab) bench comprising of Lalit Mohan Dogra (President) and Bhagwan Singh Matharu (Member) held HDFC Bank liable for deficiency in service for closing the Complainant's bank account based on non-submission of Aadhar Card. Considering the mandatory requirement of compliance with KYC norms per circular and the absence of proper intimation to the complainant, the bench directed it to reactivate the account and pay Rs. 5,000 compensation and Rs. 3,000/- litigation costs to the Complainant.
District Consumer Disputes Redressal Commission, Kapurthala (Punjab)
The District Consumer Disputes Redressal Commission, Kapurthala (Punjab) bench comprising Dr Harveen Bhardwaj (President), Rajita Sareen (Member) and S. Kanwar Jaswant Singh (Member) held Punjab State Power Corporation and Sub-Divisional Officer, (Ucha Sub-division) liable for deficiency in services for false disconnection of meter electricity connection. The bench directed it to pay Rs. 25,000/- as compensation and Rs. 5,000/- for litigation cost.
District Consumer Disputes Redressal Commission, Jind (Haryana)
The District Consumer Disputes Redressal Commission, Jind (Haryana) bench comprising of A.K. Sardana (President) and Neeru Agarwal (Member) held the Life Insurance Corporation (LIC) liable for deficiency in service for false repudiation of the claim filed by the Complainant stating that benefits of the policy were fixed and not dependent on the actual expenses incurred during the treatment. Further, LIC failed to disburse the expenses incurred by the Complainant towards his surgery stating it was not a “Major Surgery”. The bench directed it to reimburse the claim and pay a compensation of Rs. 20,000/- to the Complainant, along with Rs. 10,000/- litigation expenses.
District Consumer Disputes Redressal Commission, Jind (“Haryana)
The District Consumer Disputes Redressal Commission, Jind (“Haryana) bench comprising A.K. Sardana (President), Neeru Agarwal (Member) and GD Goyal (Member) held Bajaj Allianz General Insurance Company liable for deficiency in services for failure to pay the loss of crop incurred by the Complainant which was insured by him under Pradhan Mantri Fasal Bima Yojna. The bench directed it to disburse Rs. 74,686/-, pay Rs. 10,000/- compensation for mental agony and Rs. 10,000/- for litigation expenses to the Complainant.
District Consumer Disputes Redressal Commission, Cuttack (Odisha)
The District Consumer Disputes Redressal Commission, Cuttack (Odisha) bench comprising Debasish Nayak (President) and Sibananda Mohanty (Member) held LIC, India liable for deficiency in services for failure to pay maturity amount and periodic payments of the insurance policies to the Complainant. Along with the timely disbursal of the insurance amount, the bench directed it to pay Rs. 50,000, as compensation, to the Complainant.
District Consumer Disputes Redressal Commission, Sangrur (Punjab)
The District Consumer Disputes Redressal Commission, Sangrur (Punjab) bench comprising of Jot Naranjan Singh Gill (President) and Sarita Garg (Member) held State Bank of India liable for deficiency in services and unfair trade practices for not crediting the pension in the Complainant's account for seven years. The bench directed it to pay Rs. 15,000/- as compensation and Rs. 10,000/- for legal costs to the Complainant.
District Consumer Disputes Redressal Commission-I, Chandigarh
The District Consumer Disputes Redressal Commission-I, Chandigarh bench comprising Pawanjit Singh (President) and Surjeet Singh (Member) held Star Union Dai-ichi Life Insurance Company Limited liable for deficiency in services for failure to pay minimum surrender value of the Insurance Company. The bench directed it to pay the surrender value, compensation and litigation costs to the Complainant.
District Consumer Disputes Redressal Commission, Karur (Tamil Nadu)
Misplaced Courier In Transit, Karur District Commission Directs DTDC To Pay Rs. 2 Lakhs Compensation
The District Consumer Disputes Redressal Commission, Karur (Tamil Nadu) bench comprising Thiru. N Pari (“President) and Thiru A.S. Rathinasamy (Member) held DTDC Express Courier Service liable for deficiency in services for misplacing the Complainant's courier set to be delivered in Singapore. Further, it also failed to adequately resolve the Complainant's concerns, despite several attempts at communication. The bench directed it to pay Rs. 2 Lakhs compensation and Rs. 10,000/- legal costs to the Complainant.
District Consumer Disputes Redressal Commission, Mysore (Karnataka)
The District Consumer Disputes Redressal Commission, Mysore (Karnataka) bench comprising of A.K. Naveen (President), M.K. Lalitha (Member) and Maruthi Vaddar (Member) held Sharp Watch Investigation & Security (SWISS) liable for deficiency in services for failure to pay Rs. 6,41,439 as salary to the Complainant who was employed as a counsellor at the observation centre. It continued to deduct a certain part of the Complainant's salary without any justified reason. The bench directed it to pay Rs. 6.4 Lacs to the Complainant along with Rs. 50,000/- compensation and Rs. 5,000/- litigation costs.
District Consumer Disputes Redressal Commission-I (North District), Delhi
Failure To Repair Manufacturing Defects; North Delhi District Commission Directs HP To Pay Rs 60.4k
The District Consumer Disputes Redressal Commission-I (North District), Delhi bench comprising of Ashwani Kumar Mehta (Member) and Harpreet Kaur Charya (Member) held HP liable of deficiency in services for not rectifying the manufacturing defects of the laptop sold to the Complainant. The bench directed it to pay Rs 60,490 to the Complainant.
District Consumer Disputes Redressal Forum, Kannur (Kerala)
The District Consumer Disputes Redressal Forum, Kannur (Kerala) held Syska LED Lights Private Limited (“Syska”) liable for deficiency in services for failure to repair the power bank purchased by the Complainant which was under warranty. The bench directed Syska to refund the purchase amount and pay Rs. 10,000/- as compensation to the Complainant.
District Consumer Disputes Redressal Commission, Cuttack (Odisha)
The District Consumer Disputes Redressal Commission, Cuttack (Odisha) bench comprising Sri Debasish Nayak (President) and Sri Sibananda Mohanty (Member) held UPSC Pathshala (Coaching Institute) liable for failure to refund the appropriate coarse fee as per its T&C after the Complainant faced several issues with its website and outdated teaching methodologies. Out of Rs. 40,000/-, the District Commission directed the Institute to refund Rs. 35,324/-, pay Rs. 50,000/- for mental agony and harassment, along with Rs. 10,000/- for the cost of litigation.
Ernakulum District Consumer Disputes Redressal Commission
The Ernakulum District Consumer Disputes Redressal Commission bench, consisting of Mr. D.B. Binu (President) along with Mr. V. Ramachandran, and Mrs. Sreevidhia T.N. as members, allowed a consumer complainant against the Proprietor, M/s JC Machinery. The complaint alleged that the complainant, a small-scale packaging industry owner, had purchased a "sheet separator machine" with specific features from the opposite party. However, upon delivery, the machine was found to be defective and lacked the promised specifications, suffering a breakdown. While holding J C Machinery liable for deficiency in service and unfair trade practices, the Consumer Commission directed the owner of J C Machinery to refund the broken machine's price along with other charges and compensation. While deciding the complaint, the bench also made an observation with respect to the 2019 Act, noting that the 2019 Consumer Protection Act adopts a more consumer-friendly approach. It emphasizes transparency and a shift from the traditional concept of "buyer beware" to "seller beware" for enhanced consumer protection.
District Consumer Disputes Redressal Commission Kozhikode (Kerala)
The District Consumer Disputes Redressal Commission Kozhikode (Kerala) bench comprising of P.C Paulachen (President), V Balakrishnan (Member) and Priya S (Member) held HP India liable for deficiency in service for selling a laptop which started experiencing multiple issues within a few days of its purchase. HP India further failed to sufficiently resolve the Complainant's continued concerns. The bench directed HP India to pay Rs. 25,000/- as compensation to the Complainant.
District Consumer Disputes Redressal Commission, Kangra
The District Consumer Disputes Redressal Commission, Kangra at Dharamshala (Himachal Pradesh) bench comprising of Hemanshu Mishra (President), Arti Sood and Narayan Thakur (Members) held Mahindra Tractors dealer liable of deficiency in service for delay in delivery of high security registration plate/number plate and registration certificate to the Complainant. The bench directed it to pay Rs. 20,000/- to the Complainant.
District Consumer Disputes Redressal Commission Ambala (Haryana)
The District Consumer Disputes Redressal Commission Ambala (Haryana) bench comprising Neena Sandhu (President), Ruby Sharma (Member) and Vinod Kumar Sharma (Member) held State Bank of India for unauthorized deductions from the Complainant's Fastag account issued by the bank. The bench noted that the amount was deducted from the Complainant's account at a time when his car did not even cross the Toll Plaza. Consequently, SBI was directed to refund the amount and pay compensation to the Complainant.
District Consumer Disputes Redressal Commission-II South Delhi
The District Consumer Disputes Redressal Commission-II South Delhi bench comprising Monika A Srivastava (President), Kiran Kaushal (Member) and U.K. Tyagi (Member) held CarDekho.com liable for deficiency in service and unfair trade practices for not refunding the booking amount to the Complainant after it declined to deliver the purchased car to the Complainant. The District Commission directed CarDekho to pay Rs. 20,000/- to the Complainant as compensation.
District Consumer Dispute Redressal Commission (Central Delhi)
The District Consumer Dispute Redressal Commission (Central Delhi) bench comprising Inder Jeet Singh (President) and Shahina (Female Member) held the Delhi Dental & Medical Centre liable for deficiency of service for providing dentures with excessive height and not according to physical features of the Complainant. The District Commission directed it to refund the amount and pay compensation to the Complainant.
District Consumer Disputes Redressal Commission, Rewari (Haryana)
The District Consumer Disputes Redressal Commission, Rewari (Haryana) bench comprising Shri Sanjay Kumar Khanduja (President) and Shri Rajender Parshad (Member) held United India Insurance Company liable for wrongfully repudiating a valid insurance claim based on alleged non-cooperation by the family members of the deceased. The District Commission dismissed the Insurance Company's contention and held that the responsibility to honour the T&C of the policy fell on the Insurance Company.
District Consumer Disputes Redressal Commission, Moga (Punjab)
The District Consumer Disputes Redressal Commission, Moga (Punjab) bench comprising Smt. Priti Malhotra (President) and Shri Mohinder Singh Brar (Member) held TATA AIG General Insurance liable for repudiating a valid insurance claim filed by the nominee of the deceased insured person. The District Commission rejected the claim of the insurance company that the deceased account holder did not make POS e-commerce transactions within the stipulated period, based on evidence explicitly showing an e-commerce transaction made from the account.
District Consumer Disputes Redressal Commission-I, North Delhi (Delhi)
The District Consumer Disputes Redressal Commission-I, North Delhi (Delhi) bench comprising Divya Jyoti Jaipuriar (President), Ashwani Kumar Mehta (Member) and Harpreet Kaur Charya (Member) held Indian Bank liable for failure to refund Rs. 10 Lakhs transaction amount which was lost in an unauthorized manner. Due to JIO's deficient service, the Complainant's mobile number was issued to another sim card, paving the way for 2 unauthorized transactions.
District Consumer Disputes Redressal Commission, Rewari (Haryana)
Rewari District Commission Holds Gas Agency And ICICI Lombard House Liable For Indane Cylinder Blast
The District Consumer Disputes Redressal Commission, Rewari (Haryana) bench comprising Shri Sanjay Kumar Khanduja (President) and Shri Rajender Parshad (Member) ordered Rewari Gas Service Agency and M/s ICICI Lombard House to compensate the Complainant who encountered a cylinder blast incident, leading to a severe damage of his house. The District Commission noted that as per the agreement between Rewari Gas Service Agency and the manufacturer, IOCL LPG, the Gas Agency was responsible for bearing expenses related to transportation, and storage, and indemnifying IOCL against any loss or damage arising from the storage, handling, or transportation of gas cylinders.
District Consumer Disputes Redressal Commission, Cuttack (Odisha)
The District Consumer Disputes Redressal Commission, Cuttack (Odisha) bench comprising Sri Debashish Nayak (President) and Sri Sibananda Mohanty (Member) held the Post Office, Madhupatna S.O., liable for deficiency in service. The Post Office's Bank wrongfully deducted a certain percentage of promised interest from a senior citizen's account based on the absence of her PAN number during the opening of the account. The District Commission held that it failed to provide any documentary evidence to prove its contentions.
District Consumer Disputes Redressal Commission, Cuttack (Odisha)
The District Consumer Disputes Redressal Commission, Cuttack (Odisha) bench comprising Sri Debasish Nayak (President) and Sri Sibananda Mohanty (Member) held Flipkart Internet Private Limited liable for deficiency in service. Flipkart failed to resolve the Complainant's concerns, who received a defective Cadbury's Bourn Vita Chocolate Health Drink Pouch, of a different size. The District Commission dismissed Flipkart's argument that it is a mere online platform facilitator by highlighting that the Consumer Protection Act, 2019 outlines the duties of e-commerce platforms, emphasizing the need for genuine transactions and product supervision.
District Consumer Disputes Redressal Commission, Panipat (Haryana)
The District Consumer Disputes Redressal Commission, Panipat (Haryana) bench comprising Dr. R. K. Dogra (President) and Dr. Rekha Chaudhary (Member) held Nykaa and Delhivery Courier liable for deficiency in services for delivering beauty products worth Rs. 17,541/- in damaged condition when they were left outside the Complainant's house. The bench directed them to refund the purchase amount, pay Rs. 5k compensation and Rs. 5.5.k litigation costs to the Complainant.
District Consumer Disputes Redressal Commission-II, Chandigarh
Case Title: Kasim vs Yatra Online Private Limited
The District Consumer Disputes Redressal Commission-II, Chandigarh bench comprising of Amrinder Singh Sidhu (President) and Mr B.M. Sharma (Member) held Yatra Online Pvt. Ltd. liable of deficiency in service and unfair trade practices for failing to inform the Complainant about the requirement of transit visa for the connecting flight and for failure to provide a direct layover-free flight, in line with the Complainant's requirements. The bench directed Yatra Online to pay Rs. 56,504/- to the Complainant.
District Consumer Disputes Redressal Commission, Kangra (Himachal Pradesh)
Case Title: Narendra Prem Chand Rana and another vs The Branch Manager, State SBI of India
The District Consumer Disputes Redressal Commission, Kangra (Himachal Pradesh) bench comprising Mr Hemanshu Mishra (President), Ms Arti Sood (Member) and Mr Narayan Thakur (Member) held State Bank of India liable for wrongfully penalizing its borrowers for failure to timely furnish the completion certificate of the house, for which they applied for a home loan under the SBI Realty Home Loan Scheme. The District Commission held that SBI demanded the certificate after six years and didn't issue a prior notification to the Complainants for the same.
Ernakulam District Consumer Disputes Redressal Commission
Ernakulam District Commission Holds Toshiba India Pvt Ltd. Liable For Deficiency In Service
The Ernakulam District Consumer Disputes Redressal Commission, Kerala, headed by D.B. Binu as President, alongside members V. Ramachandran and Sreevidhia. T.N. held Toshiba India and the carrier liable for deficiency in service over substandard product and concealment of relevant information during the purchase by the complainant.
Bangalore I Additional District Consumer Disputes Redressal Commission
The Bangalore I Additional District Consumer Disputes Redressal Commission bench comprising of B. Narayanappa (President), Jyothi N (Member) and Sharavathi S.M (Member) held John Elevators Private Limited liable of deficiency in service for delay in installation of the lift. The bench directed it to complete the lift work within two months and pay a compensation of Rs. 1,05,000/- to the Complainant.
District Consumer Disputes Redressal Commission, Karnal (Haryana)
The District Consumer Disputes Redressal Commission, Karnal (Haryana) bench comprising Shri Jaswant Singh (President), Shri Vineet Kaushik (Member) and Dr Suman Singh (Member) held New India Assurance Company Limited liable for deficiency in service for wrongfully repudiating based on commercial usage of the vehicle. The District Commission noted that the Insurance Company failed to substantiate its claims with proof. Therefore, it allowed the complaint and ordered it to pay Rs. 1.48 lakhs to the Complainant, along with Rs. 25k compensation and Rs. 11k litigation costs.
District Consumer Disputes Redressal Commission, Palakkad (Kerala)
The District Consumer Disputes Redressal Commission, Palakkad (Kerala) bench, composed of Mr Vinay Menon (President), Mrs Vidya A (Member), and Mr Krishnankutty N.K. (Member), directed the complainant to compensate the doctor for filing a malicious complaint alleging a breach of doctor-patient confidentiality. The complainant accused the doctor of intentionally providing a medical certificate to her husband, detailing her depressive disorder. The District Commission dismissed the complaint against the doctor due to a lack of evidence demonstrating the doctor's knowledge and intention to cause potential harm to the complainant.
District Consumer Disputes Redressal Commission-II, Hyderabad (Telangana)
The District Consumer Disputes Redressal Commission-II, Hyderabad (Telangana) bench comprising Sri Vakkanti Narasimha Rao (President), Sri P.V.T.R. Jawahar Babu (Member) and Smt. D. Sreedevi (Member) held Life Insurance Corporation (LIC) of India liable for wrongfully repudiating the insurance claim filed by the deceased's wife, despite submission of all required documents. The District Commission rejected LIC's argument that the patient suppressed the information regarding a pre-existing disease and concluded that there was no nexus between the alleged disease and the patient's death. LIC was directed to disburse Rs. 20 lakhs, and pay Rs. 25k compensation for mental agony and Rs. 5,000 for litigation costs.
District Consumer Disputes Redressal Commission-II, Jodhpur (Rajasthan)
Non-Disbursal Of Policy Amount, Jodhpur District Commission Holds United India Insurance Co. Liable
The District Consumer Disputes Redressal Commission-II, Jodhpur (Rajasthan) bench comprising Dr. Shyan Sundar Lata (President) and Smt. Afsana Khan (Member) directed United India Insurance Co. to disburse 75% of the Insured Declared Value (IDV) to the Complainant whose insured car was stolen when left unattended during the Covid-19 pandemic. The District Commission noted that the Complainant's actions violated the insurance policy, however, the circumstances were so that the case deserved a successful claim on a non-standard basis.
District Consumer Disputes Redressal Commission-II, Jodhpur (Rajasthan)
The District Consumer Disputes Redressal Commission-II, Jodhpur (Rajasthan) bench comprising Dr Shyam Sundar (President) and Afsana Khan (Member) held Foresta Café, Jodhpur liable for failure to provide regular drinking water to customers, indirectly compelling them to buy bottled water for which they charge more than the bottle's M.R.P. The café was directed to pay Rs. 20,000/- compensation and Rs. 2,500 legal costs to the Complainant.
District Consumer Disputes Redressal Commission, Udaipur (Rajasthan)
The District Consumer Disputes Redressal Commission, Udaipur (Rajasthan) bench comprising Shri Prakash Chandra Pagaria (President) and Shri Jai Dixit (Member) directed Amazon to refund the purchase price of the shoes returned by the Complainant. The District Commission held that Amazon did not make an effort to clarify its contention regarding the return of the wrong product by the Complainant and its failure to refund any amount constituted a deficiency in service. The shoe manufacturer was not held liable for the same.
District Consumer Disputes Redressal Commission-III, West Delhi
The District Consumer Disputes Redressal Commission-III, West Delhi bench comprising Ms Sonica Mehrotra (President), Ms Richa Jindal (Member) and Mr Anil Kumar Koushal (Member) held Rao IIT Academy liable for refunding the fee to the Complainant, whose daughter did not attend one single class due to the Complainant's transfer. The District Commission noted that despite having no express agreement between the coaching institute and the Complainant, the coaching institute was liable to refund the fee.
District Consumer Disputes Redressal Commission-II, Jaipur (Rajasthan)
The District Consumer Disputes Redressal Commission-II, Jaipur (Rajasthan) bench comprising Shri Gyarsi Lal Meena (President) and Smt. Hemlata Agrawal (Member) held Reliance Retail Limited and its dealer, Ranger Firms Limited liable for deficiency in service and unfair trade practice for charging Rs. 15 in excess of the products' value after applying the discount. They were directed to refund Rs. 15/-, pay Rs. 10,000 compensation and Rs. 5,000 litigation costs to the Complainant.
District Consumer Disputes Redressal Commission-III, West Delhi
The District Consumer Disputes Redressal Commission-III, West Delhi bench comprising Ms Sonica Mehrotra (President), Ms Richa Jindal (Member) and Mr Anil Kumar Koushal (Member) held Bank of India, Kirti Nagar branch liable for failure to exercise due diligence under RBI'S Cheque Truncating System (CTS) Scheme and Negotiable Instruments Act, 1881. The bank's negligence led to the issuance of the chequebook to an unauthorized person, who later transferred 2 cheques, thereby causing loss to the original account owner.
District Consumer Disputes Redressal Commission-II, West Delhi
The District Consumer Disputes Redressal Commission-II, West Delhi bench comprising Ms Sonica Mehrotra (President), Ms Richa Jindal (Member) and Mr Anil Kumar Koushal (Member) held National Insurance Company Ltd. liable for arbitrary repudiation of a valid insurance claim filed by the Complainant who was hospitalized to Maharaja Agrasen Hospital, Punjabi Bagh. By giving weight to the treating doctor's certificate justifying the admission and continued follow-up, the District Commission highlighted the Insurance Company's responsibility to indemnify the insured against medical risks through the collection of premiums.
District Consumer Disputes Redressal Commission-II, Visakhapatnam (Andhra Pradesh)
The District Consumer Disputes Redressal Commission-II, Visakhapatnam (Andhra Pradesh) bench comprising Smt. G. Venkateswari (President), Smt. P. Vijaya Durga (Member) and Sri Karaka Ramana Babu (Member) held Union Bank of India liable for deficiency in service for its failure to investigate a couple of unauthorized transactions made from the Complainant's account. The District Commission emphasized the responsibility of the bank to promptly address customer complaints and conduct investigations.
Chandigarh District Consumer Disputes Redressal Commission-I
The Chandigarh District Consumer Disputes Redressal Commission-I bench, presided over by Sh. Pawanjit Singh (President) and Mrs. Surjeet Kaur (Member), has allowed a consumer complainant filed against a gym. A group of people, who had purchased gym memberships in 2019 by paying varying amounts, filed a complaint when the gym, in 2020, issued a notice about discontinuing services due to relocation. Despite the complainants seeking a refund, the gym did not comply. The Commission found that the gym had admitted the refundable amount due to the complainants and, after relocating, failed to refund it, thus constituting a deficiency in service. Consequently, the Commission directed the gym to refund the respective amounts with interest along with compensation and litigation costs.
New Delhi District Consumer Disputes Redressal Commission-I (North District)
The District Consumer Disputes Redressal Commission-I (North District) presided by Divya Jyoti Jaipuriar along with Harpreet Kaur Charya as a member has held Northern Railways liable for deficiency in their services on account of a complaint raised by a passenger. The complaint alleged that despite booking a third AC train ticket for a comfortable journey, the passenger faced distressing conditions during his travel from New Delhi to Indore. The main grievance was the unhygienic and unsatisfactory state of the train toilets, lacking proper cleanliness and water supply.
District Consumer Disputes Redressal Commission, Rohtak (Haryana)
The District Consumer Disputes Redressal Commission, Rohtak (Haryana) bench comprising Nagender Singh Kadian (President) and Tripti Pannu (Member) held the ICICI Bank liable for deficiency in services for failure to provide adequate security to the Complainant's account which led to several unauthorized transactions amounting to Rs. 4.89 Lacs. The bench directed the bank to reverse the unauthorized transactions and pay Rs. 10,000/- to the complainant for litigation costs and compensation for deficiency in service.
Ernakulum Consumer Disputes Redressal Commission
The Ernakulum Consumer Disputes Redressal Commission presided over by Sh. D.B. Binu, along with Shri. V. Ramachandran and Smt. Sreevidhia T.N as members, recently allowed a consumer complaint filed against Kalyan Silks Trichur. The complaint was filed by a retired Professor who alleged that two bridal sarees purchased from the textile retailer's Ernakulam showroom were damaged due to material and manufacturing defects. The Commission, while allowing the complaint, stated that Kalyan Silks didn't give clear care instructions for the sarees, creating a service deficiency. As a result, the commission ordered Kalyan Silks to compensate the consumer with Rs. 25,000 and pay back the sarees' cost, Rs. 30,040, along with an additional Rs. 20,000 for the litigation costs.
Ernakulum Consumer Disputes Redressal Commission
The Ernakulam Consumer Forum, comprising of Mr. D.B. Binu as President, along with Mr. Ramchandran V. and Mrs. Sreevidhia T.N. as Members, found Luxury Droom responsible for deficiency in services due to a misleading advertisement made by them. While the complainant was expecting a discounted Rolex watch to be delivered, he received a duplicate Rolex watch with damaged plating. Despite promises of a quick refund, the complainant faced delays. Thereby, noting Luxury Droom's failure to keep promises and use of misleading advertisements, the Consumer Forum directed them to refund Rs.13,990/- for the watch, compensate Rs.30,000/- for deficient services, and pay Rs.10,000/- as proceedings cost.
District Consumer Dispute Redressal Commission Kolkata Unit-III
The District Consumer Dispute Redressal Commission Kolkata Unit-III bench comprising Sudip Niyogi (President) and Subir Kumar Dass (Member) held Exotica Orchids liable for deficiency in services for sending damaged plants to the Complainant and subsequently failing to provide pick-up facility to ensure a smooth return. The bench directed it to refund Rs. 4,730/- and pay a compensation of Rs. 2,000/- to the Complainant.
District Consumer Disputes Redressal Commission – I, Hyderabad (“Telangana”)
District Consumer Disputes Redressal Commission – I, Hyderabad (“Telangana”) bench comprising B. Uma Venkata Subba Lakshmi (President), C. Lakshmi Prasanna (Member) and B.Raja Reddy (Member) dismissed a complaint against Gulf AirLines noting that the burden of proving the deficiency of service lies on the party making claim.
District Consumer Disputes Redressal Commission-I, Chandigarh
The District Consumer Disputes Redressal Commission-I, Chandigarh bench comprising Pawanjit Singh (President), Surjeet Kaur (Member) And Suresh Kumar Sardana (Member) held United India Insurance Company Ltd liable for deficiency of service for falsely repudiating the insurance claim by reporting the incident as theft despite compelling evidence which suggested that it was burglary. The bench directed it to pay an insurance claim of ₹13,40,941/- and ₹20,000/- as compensation to the Complainant. It was also directed to pay a litigation cost of ₹10,000/-.
District Consumer Disputes Redressal Commission-I, Chandigarh
The District Consumer Disputes Redressal Commission-I, Chandigarh bench comprising Pawanjit Singh (President) and Surjeet Kaur (Member) held DHFL Pramerica Life Insurance Co. Ltd. liable of deficiency in service for falsely repudiating the insurance claim stating that the insured died of chronic kidney disease which wasn't covered by the policy. The bench noted that the insured died of a heart attack and the insurance company didn't provide sufficient evidence that would suggest otherwise. The bench directed the insurance company to pay the insurance claim of Rs. 2,66,986/- and Rs. 20,000/- as compensation along with Rs. 10,000/- as litigation costs to the Complainant.
District Consumer Disputes Redressal Commission Kolkata Unit – II
The District Consumer Disputes Redressal Commission Kolkata Unit – II bench comprising Sukla Sengupta (President) and Reyazuddin Khan (Member) held Apple India Pvt. Ltd, Systematix Media (Imagine) and Reliance Digital are liable for deficiency in services and unfair trade practices to the Complainant for selling a defective MacBook Air to the Complainant. The bench directed them to refund Rs. 57,890 along with a compensation of Rs. 17,367 and Rs. 5,000 for the litigation costs to the Complainant.
District Consumer Disputes Redressal Commission, Kullu (Himachal Pradesh)
The District Consumer Disputes Redressal Commission, Kullu (Himachal Pradesh) bench comprising Purender Vaidya (President) and Pooja Gupta (Member) held HDFC Life Insurance Company liable for deficiency in services for falsely repudiating the claim. The bench noted that the insurance company promised to pay the full value of the investment after the lock in period which was repudiated at a later stage. Further, the insurance company failed to treat the Complainant's claim similar to an identical claim made by his wife where monetary concessions were granted. The bench directed the insurance company to pay the value of the insurance policy and a compensation of ₹ 10,000/- along with ₹ 5,000/- for litigation costs to the Complainant.
