Consumer Cases Monthly Round-Up: July 2023

Delhi High Court Single Benches In NCDRC: Delhi High Court Issues Notice To Examine NCDRC's Jurisdiction And Bench Constitution Case Title: NBCC India Limited vs. Randhir Singh Redhu and Ors. The High Court of Delhi has issued a notice regarding a Writ petition addressing the issue of jurisdiction of the National Consumer Disputes Redressal Commission (NCDRC) and the constitution of its Benches. The High Court granted a stay on the NCDRC order until the next hearing and issued a notice since the Petitioner was able to present a prima facie case before the Court. The Petitioner, NBCC India Ltd, a management consulting company challenged the NCDRC's order dated 23.02.2023 contending that the Presiding Member of the Commission lacks the jurisdiction to issue such orders. National Commission Disputes Redressal Commission (NCDRC) Improper Oxygen Supply: NCDRC Upholds Liability Of Global Hospital For Negligence And Deficiency In Service Case Title: Global Hospital vs. P. Manjula & 3 Ors. The NCDRC disposed of the appeals and upheld the Telangana State Consumer Commission’s order. The Commission held that the Global Hospital (Hospital) is liable for negligence and deficiency in service due to improper oxygen supply to the patient during the surgery. It awarded a compensation of Rs. 18 Lakhs with a simple interest rate at 9% p.a with an increased cost of Rs. 30,000/- to the complainants. Engine Malfunction: NCDRC Directs Tata Motors And 2 Dealers To Pay Rs 5 Lakh As Compensation Case Title: Suresh Prasad Gupta vs. M.D Tata Motors & 2 Ors. The NCDRC allowed the Revision Petition filed against Tata Motors and its 2 dealers namely Pirana Motors and Guinea Motors and directed them to pay Rs. 5 Lakhs as compensation. The Commission determined that the dealers failed to provide evidence to support their claim that the malfunction in the vehicle's engine was due to any action or negligence on the part of the Complainant. Moreover, they could not demonstrate that the issue fell outside the terms of the warranty that were applicable at the relevant time. NCDRC Dismisses Revision Petition by LIC And Imposes Cost In Insurance Claim Dispute Case Title: Life Insurance Corporation of India vs Jagjit & Anr. The NCDRC consisting of Inder Jit Singh (Presiding Member) dismissed a Revision Petition by the Life Insurance Corporation of India and ordered to pay a cost of Rs. 15,000 to the Complainants. The Commission upheld the Lower Commissions decision orders that LIC is liable as it already had knowledge of the previous policy and the complainants were not informed and had no prior knowledge that such information is required to be provided. Therefore, there was no intentional concealment of material facts by the deceased. Deficiency In Service: NCDRC Orders Royal Sundaram Insurance To Pay Claim, Compensation, And Cost Case Title: Royal Sundaram General Insurance vs Latha The NCDRC dismissed the Revision Petition and ordered the Insurance Company to pay the complainant the insurance claim amount of Rs. 10 Lakhs, along with Rs. 1 Lakh as compensation and Rs. 5,000 as Litigation cost. Additionally, the NCDRC directed the Insurance Company to pay interest at a rate of 9% on the delayed payment, calculated from the date of filing the complaint. ‘Commercial Purpose’ NCDRC Dismisses Complaint Against Construction Company For Deficiency Of Service Case Title: Dr. Hemant & Anr. vs Zenal Construction Private Limited & Anr. The National Consumer Disputes Redressal Commission (NCDRC) consisting of Presiding Member Justice Ram Surat Ram Maurya dismissed a complaint filed by the complainants against Zenal Construction Pvt. The Commission determined that the complaint was not maintainable because the complainants had booked the shops for “commercial purposes” and not solely for the purpose of earning a livelihood through self-employment. Gross Negligence: NCDRC Directs Raheja Developers To Refund Entire Amount For Failure To Complete Project Case Title: Ashish Vohra vs. Raheja Developers Limited. The NCDRC, comprising Justice Ram Surat Ram Maurya (Presiding Member) and Dr. Inder Jit Singh (Member), partly allowed the complaint and directed Raheja Developers Limited. to refund the entire amount deposited by the complainant, along with interest at the rate of 9% per annum. The Commission reasoned that the Developer is liable for gross negligence as it failed to finish the project, obtain the occupation certificate, or provide essential amenities for habitation despite collecting over 95% of the payment from the Homebuyers. NCDRC Dismisses Complaint By Five Star Hotel For Insurance Claim Of Rs. 5 Crores Against New India Assurance Case Title: Hotel Leela Avenue Ltd. vs New India Assurance Co. Ltd & Anr. The NCDRC, consisting of Presiding Member Subhash Chandra, dismissed a consumer complaint filed by the ...

Consumer Cases Monthly Round-Up: July 2023

Sachika Vij

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