Consumer Cases Monthly Digest: May 2024

Supreme Court Consumer Protection Act 1986 | Onus Of Proving That Service Was Availed For 'Commercial Purpose' Is On Service Provider : Supreme Court Case Title: SHRIRAM CHITS (INDIA) PRIVATE LIMITED EARLIER KNOWN AS SHRIRAM CHITS (K) PVT. LTD VERSUS RAGHACHAND ASSOCIATES In an important ruling relating to consumer protection law, the Supreme Court on Friday (May 10) set out the manner in which the consumer fora must decide technical pleas raised by service providers against the maintainability of the consumer complaints on the ground that goods/services were availed by the consumer for the commercial purposes. National Consumer Disputes Redressal Commission Rejection Of A Surveyor's Report Must Be Due To Arbitrariness: NCDRC Case Title: United India Insurance Co. Ltd Vs. M/S. Khadi Udhyog The National Consumer Disputes Redressal Commission, presided by Subhash Chandra, held that the surveyor's report in an insurance incident can only be rejected based on pervasiveness and arbitrariness National Consumer Disputes Redressal Commission Banks Cannot Disown Liability For Locker Contents: NCDRC Holds Central Bank Liable For Deficiency In Service Case Title: Central Bank of India Vs. M/S. Abhay Kumar Jain The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that banks must ensure safety and security to prevent incidents and cannot deny responsibility for the locker's contents. National Consumer Disputes Redressal Commission Construction Work Done For Consideration That Benefits Another Party Should Be Compensated: NCDRC Case Title: Pinaki Bhattacharjee Vs. M/S. Unique Construction The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and Sadhna Shanker(member), in an appeal against Unique Construction, held that if a party carries out additional construction not intended to be free of charge, and the other party benefits from it, the former is entitled to compensation. National Consumer Disputes Redressal Commission Commissions Cannot Condone Delay If Not Provided With Satisfactory Explanation: NCDRC Case Title: Parsvnath Developers Limited Vs. Abhinav Sharma The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and Sadhna Shanker(member), in a case against Parsvnath Developers, held that the commissions cannot allow an application for condonation of delay if not provided with a sufficient cause. National Consumer Disputes Redressal Commission Multiple Compensations For A Single Default Is Unjustified: NCDRC Case Title: M/S. Exact Developers & Promoters Pvt. Ltd Vs. Rajesh Sethi The National Consumer Disputes Redressal Commission, presided by Subhash Chandra alongside Sadhna Shanker(member), held M/S. Exact Developers & Promoters liable for deficiency in service but set aside the state commission's order for granting compensation for mental agony, as multiple compensations cannot be granted for a single default. National Consumer Disputes Redressal Commission Report From Expert Organization Must Be Obtained To Establish Defect: NCDRC Case Title: Honda Cars India Ltd. Vs. Ushat Gulgule The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and Sadhna Shanker(member), held that for a consumer forum to establish a defect, an expert report from an expert organization must be produced. National Consumer Disputes Redressal Commission Surveyor's Report Is Not Final And Can be Contested With More Evidence: NCDRC Case Title: Royal Sundaram General Insurance Vs. Ishwar Singh Mehra The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that in cases of discrepancy between the insured amount assessed by an authorized dealer and a surveyor, the claim by the dealer will take precedence. This is because the dealer's assessment is often based on a more thorough and detailed inspection, providing a more accurate estimate of the damages and repair costs. National Consumer Disputes Redressal Commission “Sufficient Cause” For Condoning Delay Requires Party To Have Acted Diligently And Without Negligence: NCDRC Case Title: Sher Singh Vs. Manager, The New India Assurance Company The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that delay should not be excused without sufficient cause, and the fact that other parties have been granted relief does not justify excusing delay in similar cases. National Consumer Disputes Redressal Commission Transparency Regarding Construction Details Mandatory: NCDRC Holds Gautam Construction Company Liable For Deficiency In Service Case Title: M/S. Gautam Construction Company & Anr. Vs. Mubarak Masih The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and Sadhna...

Consumer Cases Monthly Digest: May 2024

Apoorva Pandita

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