Consumer Cases Monthly Digest: July 2024

Supreme Court 'People Don't Purchase High-End Luxurious Cars To Suffer Discomfort' : Supreme Court Holds Mercedes Benz Liable For Faults In Vehicles The Supreme Court on Tuesday upheld orders of the National Consumer Disputes Redressal Commission (NCDRC) granting relief to two companies who had purchased cars from luxury car company Mercedes-Benz for the use of their directors. A bench of Justice Bela M Trivedi and Justice Pankaj Mithal was dealing with appeals arising out of a case of a car developing heating issues and another case of an accident wherein the airbags of the car did not deploy. Case Title – M/S Daimler Chrysler India Pvt. Ltd. v. M/S Controls & Switchgear Company Ltd. Citation: 2024 LiveLaw (SC) 447 Orissa High Court Consumer Commission Has No Jurisdiction To Entertain Matters Coming Under Purview Of SARFAESI Act: Orissa High Court Case Title: The Chief Manager-cum-Authorized Officer, Union Bank of India, Jharsuguda v. Rajesh Kumar Agrawal & Anr. The Orissa High Court has held that the Consumer Commissions do not have jurisdiction to entertain any suit or proceeding which is subject matter of adjudication by Debt Recovery Tribunal (DRT) or Appellate Tribunal under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act'). National Consumer Disputes Redressal Commission (NCDRC) Failure To Provide SMS Alerts For Unauthorized Transactions, NCDRC Holds HDFC Bank Liable The National Consumer Disputes Redressal Commission (NCDRC) bench comprising Dr Inderjit Singh (Presiding Member) held HDFC Bank liable for failure to resolve the Complainant's grievances pertaining to multiple unauthorized transactions. Further, it failed to ensure SMS alert service for amount deduction. Case Title: HDFC Bank Ltd. vs Satish Baishya Case No.: Revision Petition No. 57 of 2024 National Consumer Disputes Redressal Commission (NCDRC) Consumer Forums Can't Entertain Complaints Involving Allegations Of Embezzlement: NCDRC The National Consumer Disputes Redressal Commission (NCDRC) bench of J. Rajendra (Presiding Member) dismissed a revision petition filed against the postal department pertaining to the confiscation of the Complainant's recurring deposit account due to allegations of embezzlement. The NCDRC held that such disputes require a detailed examination of evidence and do not fall within the jurisdiction of the consumer fora. Case Title: Vineet Kumar Dixit vs Senior Superintendent of Post Offices and Anr. Case No.: Revision Petition No. 3383 of 2017 National Consumer Disputes Redressal Commission Ambiguous Insurance Terms Should Be Interpreted In Favour of Insured: NCDRC Holds Bajaj Allianz Insurance Liable For Deficiency In Service The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that vague terms in an insurance contract should be interpreted in favour of the insured party in the event of a dispute. Case Title: Bajaj Allianz General Insurance Co. Ltd. Vs. P. Santha Kumari Case Number: F.A. No. 204/2022 National Consumer Disputes Redressal Commission NCDRC Holds Oriental Insurance Liable For Deficiency In Service While Holding That Filing Two Claims For Same Occurrence Is Unsustainable The National Consumer Disputes Redressal Commission, presided by Dr. Sadhna Shanker, held that two separate claim forms cannot be filed by the insured for the same occurrence as they do not change the nature of the occurrence and loss. Case Title: Oriental Insurance Company Ltd. Vs. M/S. S. P. Singla Construction Pvt. Ltd Case Number: F.A.No. 943/2016 National Consumer Disputes Redressal Commission Non-Standard Basis Of Insurance Claim Is Fair If Breach Has Occured From Both Parties: NCDRC The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the justification of an insurance claim on a non-standard basis is deemed fair when breaches have occurred from both parties. Case Title: Kuljit Kaur Vs. Cholamandlam Ms. General Insurance Co. Ltd Case Number: R.P. No. 925/2019 National Consumer Disputes Redressal Commission (NCDRC) NCDRC Holds New Delhi Institute Of Management Studies Liable For Misleading Student For Joining MBA Course The National Consumer Disputes Redressal Commission bench of Dr Inder Jit Singh (Presiding Member) held New Delhi Institute of Management Studies liable for deficiency in service and unfair trade practice for misleading a student into joining its MBA course with the false assurance that the course was being offered in association with Madhuraj Kamraj University. Case Title: New Delhi Institute of Management Studies vs Shamaneshwaram and 2 Ors. Case No.: Revision Petition No. 346-347 of 2019 National Consumer Disputes Redressal Commission (NCDRC) Failure ...

Consumer Cases Monthly Digest: July 2024

Apoorva Pandita

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