Consumer Cases Monthly Round-Up: 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. National Consumer Disputes Redressal Commission (NCDRC) Concurrent Finding On Facts, NCDRC Dismisses New India Assurance Co.'S Revision Petition, Directs To Pay Fire Claim Case Title: New India Assurance Co. Ltd. vs M/S M.R. Filling Station The National Consumer Disputes Redressal Commission, New Delhi (NCDRC) bench led by Dr. Inderjit Singh (Presiding Member) dismissed a revision petition filed by New India Assurance Co. Ltd., based on its limited revisional jurisdiction which only allows for cases involving material irregularity, illegality and jurisdictional error in the order of the lower fora. The NCDRC upheld the Punjab State Commission's order and directed New India Assurance Co. Ltd. to disburse Rs. 5,74,170/- to the Complainant. National Consumer Disputes Redressal Commission (NCDRC) 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. National Consumer Disputes Redressal Commission (NCDRC) Arbitration Clauses Do Not Bar Consumer Commissions' Jurisdiction, NCDRC Allows Complaint Against Jai Prakash Associates Ltd. Case Title: Dharamvir Singh and Anr. vs Jai Prakash Associates Limited and Anr. The National Consumer Disputes Redressal Commission (NCDRC), New Delhi bench comprising Mr Ram Surat Ram Maurya (Presiding Member) and Bhartkumar Pandya (Member) held Jai Prakash Associates Ltd. and its subsidiary, Jaypee Sports Int. Ltd. liable for failure to deliver the possession of the housing unit to the Complainant within the stipulated time. Further, the Builder's defence that the agreement had an arbitration clause was rejected as it was held that Consumer Forum's remedies stand in addition to the Arbitration and Conciliation Act, 1996. National Consumer Disputes Redressal Commission (NCDRC) NCDRC's Revisional Jurisdiction Limited To Orders Involving Material Irregularity, Illegality Or Jurisdictional Error, Dismisses Revision Petition By Kalinga Eye Hospital Case Title: Kalinga Eye Hospital vs Bhabagrahi Sahu and Anr. The National Consumer Disputes Redressal Commission (NCDRC), New Delhi bench comprising Dr Inder Jit Singh (Presiding Member) dismissed a revision petition filed by Kalinga Eye Hospital and Research Centre while acknowledging its limited revisional jurisdiction which can only be exercised in the case of illegality, material irregularity or jurisdictional error in the order of the State Commission. The NCDRC considered the submissions made by the parties and found no reason to interfere with the orders of the District Commission, Deogarh and State Commission, Odisha. State Consumer Disputes Redressal Commission, Madhya Pradesh Railways Not Liable For Theft Incidents, Passengers Must Be Vigilant, M.P. State Commission Allows Western-Central Railways' Appeal Case Title: Western Central Railway Division Vs Rajendra Kumar Agrawal & Another The State Consumer Disputes Redressal Commission, Madhya Pradesh allowed an appeal filed by the Western Central Railway Division, Jabalpur against a passenger who alleged theft of his belongings while travelling on the train. The State Commission held that the Railways cannot be held responsible for the stolen luggage when the Complainant himself wasn't vigilant. West Bengal State Consumer Disputes Redressal Commission Mere Error In Quoting Section Of Appeal Does Not Invalidate Substance Of Matter, West Bengal State Commission Remands Matter Back To District Commission Case Title: The Divisional Railway Manager, Sealdah and Anr. vs Arindam Goswami The Siliguri Circuit...

Consumer Cases Monthly Round-Up: December 2023

Apoorva Pandita

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