Consumer Case Weekly Round-Up: August 27th-September 1st 2023

1. National Consumer Disputes Redressal Commission (NCDRC)Breach Of Mandatory BIS Regulations: NCDRC Dismisses Appeal Against CCPA Order By Cloudtail India Case Title: Cloudtail India Private Limited vs Central Consumer Protection Authority The National Consumer Disputes Redressal Commission (NCDRC) dismissed an appeal filed by Cloudtail India Pvt. Ltd. (Cloudtail) against the order issued by the Central Consumer Protection Authority (CCPA). The CCPA's order pertained to Cloudtail’s infringement of consumer rights by selling domestic pressure cookers to consumers in breach of mandatory Bureau of Indian Standards (BIS) regulations. 2. National Consumer Disputes Redressal Commission (NCDRC) NCDRC Dismisses Revision Petition By IndusInd Bank, Citing Violation Of RBI’s Code Of Bank’s Commitment To Customers Case Title: Manager, IndusInd Bank Ltd & Anr. vs. Sanjay Ghosh The NCDRC presided by President Dr. Inder Jit Singh dismissed the Revision Petition filed by IndusInd Bank Ltd. (Bank) against Sanjay Ghosh (Complainant) and upheld the State Commission order holding that the Bank had acted in total violation of the instructions contained in the Code of Bank’s Commitment to Customers formulated by Reserve Bank of India. The Revision Petition was filed by the Bank against the West Bengal State Consumer Disputes Redressal Commission’s order which had upheld the Howrah District Consumer Disputes Redressal Commission’s order. 3. Uttarakhand State Consumer Disputes Redressal Commission Principle Of Natural Justice Not Followed, Uttarakhand Commission Set Aside Order Against KLM Airlines To Pay 8 Lacs To Customer Case Title: M/s KLM Royal Dutch Airlines vs Sh. Sushil Kumar Recently, the bench of the Uttarakhand State Consumer Disputes Redressal Commission, consisting of Justice D.S. Tripathi (President) and Udai Singh Tolia (Member II), overturned an ex parte decision made by the District Commission (Dehradun) against KLM Airlines. The District Commission had ordered KLM Airlines to pay Rs 9.2 Lakhs in compensation to the complainant, despite the airline not submitting a written statement. The bench emphasized the significance of ensuring equitable treatment and upholding due process in legal proceedings. Additionally, it highlighted the principle of natural justice, which mandates that the commission hears arguments from both sides before reaching a verdict. 4. Delhi State Consumer Disputes Redressal Commission Refund Rs 1.27 Crore With Interest: Delhi State Commission Holds Vatika Sovereign Liable For Failing To Complete Construction And Handover Apartment Case Title: Nupur Gupta vs. Vatika Sovereign Pvt. Ltd. & Anr. The Delhi State Consumer Disputes Redressal Commission consisting of Justice Sangita Dhingra Sehgal (President), Ms. Pinki (Judicial Member), and Mr. J.P. Agarwal (Member) allowed the complaint filed against Vatika Sovereign Pvt. Ltd. (Construction Firm) for deficiency in service as it failed to complete the construction of the Apartment and handover possession to the Complainant. 5. Uttarakhand State Consumer Disputes Redressal Commission No Compensation For Mountain Accidents Without Hill Endorsement On Driving License, Uttarakhand Commission Clears National Insurance Company’s Liability Case Title: Regional Branch Manager, National Insurance Company Ltd. vs Kunwar Singh Dev Recently, the Uttarakhand State Consumer Disputes Redressal Commission bench comprising of Justice D.S. Tripathi (Member) and Udai Singh Tolia (Member -II) ruled that vehicle owner will not be entitled to compensation for the vehicle damaged in a road accident in the mountains in absence of hill endorsement in the driver's driving licence. Further, the bench noted that this endorsement was crucial in regions characterized by varied and challenging terrain, such as the hilly landscapes of Uttarakhand. 6. Kerala State Consumer Disputes Redressal Commission (Thiruvananthapuram) ‘Saras Chilli Powder’, Weight Lesser Than Indicated On Packet, Kerala Consumer Commission Dismisses Appeal By Company Case Title: G.M. Anna Aluminium vs Sunil Kumar Recently, the Kerala State Consumer Disputes Redressal Commission (Thiruvananthapuram) bench comprising of Justice Sri K Surendra Mohan (President), Ajith Kumar (Judicial Member) and Radhakrishnan (Member) held a manufacturer of chili powder liable for selling chili powder packets with substantial weight deficits. Further, the bench noted that the customers generally rely on the packet labelled weight and are unlikely to suspect the genuineness of the weight displayed. 7. Kerala State Consumer Disputes Redressal Commission Death By Drowning In Swimming Pool, The State Consumer Commission Directs The Club To Pay 35 Lakhs Compensation Case Title: S. Venugopal vs. Aquatic Club The Kerala State Consumer Disputes Redressal Commission consisting of Justice...

Consumer Case Weekly Round-Up: August 27th-September 1st 2023

Smita Singh

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