Consumer Cases Weekly Round-Up: 10th June -16th June ,2024

National Consumer Disputes Redressal Commission (NCDRC)Not Having Valid Fitness Certificate For Vehicle Is Ground For Insurance Claim Repudiation: NCDRCCase Title: United India Insurance Co. Ltd. Vs. Amandeep Singh The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that if a transport vehicle lacks a certificate of fitness, it shall not be considered validly registered under the law, providing the insurer with a valid basis to repudiate the insurance claim. National Consumer Disputes Redressal Commission (NCDRC) Builder Cannot Demand Interest For Delayed Projects: NCDRC Holds Puri Construction Liable For Deficiency In Service Case Title: M/S. Puri Construction Pvt. Ltd. Vs. Gurudarshan Singh & Anr The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that builders cannot demand interest from the buyer if the project is already delayed beyond the agreed-upon time. The Commission held the builder liable for deficiency in service for charging interest from the buyer upon an already delayed project. National Consumer Disputes Redressal Commission (NCDRC) Patient's Death : NCDRC Holds Max Super Speciality Hospital Liable For Medical Negligence Case Title: Max Super Speciality Hospital Vs. Sham Singh The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker (member), held Max Super Speciality Hospital liable for deficiency in service due to negligently attributing to the death of a patient. It was further held that to prove legal liability, it must be demonstrated that the doctor failed to meet the standard of care reasonably expected of a competent medical professional in that field and that this failure directly caused harm or injury to the patient. National Consumer Disputes Redressal Commission (NCDRC) Delay In Delivery Of Flat, Continuing Grounds For Legal Action: NCDRC Holds Emaar MGF Land Liable Case Title: M/S. Emaar MGF Land Ltd Vs. Surinder Kumar Punchhi The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker (member), held that the failure to deliver possession of a flat on the agreed timeline does not constitute a one-time breach but rather an ongoing violation that continues with each passing day. As such, it represents a continuing cause of action that allows the buyer to pursue legal remedies until the possession is finally handed over. National Consumer Disputes Redressal Commission (NCDRC) Case Title: Bank of India Vs. Dr. Mahesh Kumar Introducing Additional Document During Revision Stage Permitted If Material In Nature: NCDRC The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the introduction of additional documents during the revision stage is permitted if the said documents are material in nature. National Consumer Disputes Redressal Commission (NCDRC) Case Title: Jai Dev Vs. M/S Aryan Travel Point State Commission's Unilateral Alteration Of District Forum Order Is A Material Irregularity: NCDRC The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that the State Commission cannot suggestively alter a District Forum's well-reasoned order unilaterally without the complainant's consent. National Consumer Disputes Redressal Commission (NCDRC) Case Title: DLF Homes Panchkula Pvt. Ltd vs Amit Chhokra Collecting Transfer Charges From Subsequent Purchaser Constitutes As Deficiency In Service: NCDRC The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that a developer requiring the buyer to pay transfer charges for a property where the developer no longer has any interest constitutes an unfair trade practice. National Consumer Disputes Redressal Commission (NCDRC) Case Title: Hoshiarpur Improvement Trust Vs. Mohan Lal Entitlement To Plot Allotment Under Government Policies Does Not Constitute Consumer Transaction: NCDRC The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the act of being entitled to plot allotment under government policies, rather than engaging in transactions for personal goods or services, falls outside the scope of the Consumer Protection Act. Furthermore, the related disputes do not qualify as a deficiency in service. National Consumer Disputes Redressal Commission (NCDRC) Case Title: M/S. Nandi Builders & Developers Vs. Saraswathamma Arbitration Clause In Buyer's Agreement Does Not Bar Jurisdiction Of Consumer Fora: NCDRC The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the Consumer Protection Act is supplementary to the existing legislations and the presence of an arbitration clause in a buyer's agreement ...

Consumer Cases Weekly Round-Up: 10th June -16th June ,2024

Smita Singh