Consumer Cases Weekly Round-Up: 15th to 21st April 2024
Apoorva Pandita
22 April 2024 12:00 PM GMT
National Consumer Disputes Redressal Commission The Revisional Jurisdiction Of The National Commission Is Limited And Can Be Exercised Only In Specific Circumstances: NCDRC The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Ram Maurya, held that the Revisional Jurisdiction of the National Commission is restricted to specific circumstances,...
National Consumer Disputes Redressal Commission
The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Ram Maurya, held that the Revisional Jurisdiction of the National Commission is restricted to specific circumstances, such as when the State Commission has acted beyond its legal authority and has failed to exercise its rightful jurisdiction.
National Consumer Disputes Redressal Commission
The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that reliance on force majeure while retaining the buyer's deposits constitutes a deficiency of service and also amounts to unfair trade practice.
National Consumer Disputes Redressal Commission
The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Ram Maurya, held that a buyer cannot be made to wait indefinitely for the possession of the flat that they have paid for.
Competition Commission of India (CCI)
The Competition Commission of India (CCI) bench comprising Ms Ravneet Kaur (Chairperson), Mr Anil Agrawal (Member) and Mr Deepak Anurag (Member) dismissed information filed against the National Accreditation Board for Testing and Calibration Laboratories (NABL), for issuing a circular directing accredited Conformity Assessment Bodies (CABs) operating under proprietorship to transition to specific legal entities by a set deadline. The CCI held that the circular was not anti-competitive as the transition to legal entities separate from their owners was necessary for accountability and compliance purposes.
State Consumer Disputes Redressal Commission, Uttar Pradesh
U.P. State Commission Holds LIC Liable For Wrongful Repudiation Based On Insufficient Evidence
The State Consumer Disputes Redressal Commission, Uttar Pradesh bench comprising Mr Sushil Kumar (Presiding Member) and Mrs Sudha Upadhyay (Member) held LIC liable for wrongful repudiation of a valid claim. The State Commission held that LIC failed to prove that the deceased was not involved in an accident. Further, repudiation based on the nominee's status as a 'wife' was held to be irrelevant.
State Consumer Disputes Redressal Commission, Bihar
The State Consumer Disputes Redressal Commission, Bihar bench comprising Mr Justice Sanjay Kumar (President), Md. Shamim Akhtar (Judicial Member) and Mr Ram Prawesh Das (Member) set aside a repudiation of an insurance claim by Life Insurance Corporation of India (LIC). The State Commission held that genuine claims must not be repudiated solely based on a delay. The delay was caused due to the imprisonment of the Claimant for 4.5 years, which the State Commission found to be justified.
State Consumer Disputes Redressal Commission, Chhattisgarh
The State Consumer Disputes Redressal Commission, Chhattisgarh bench comprising Justice Gautam Chourdiya (President) and Pramod Kumar Varma (Member) held Oriental Insurance Company liable for wrongful repudiation of an accidental claim based on overloading of the vehicle at the time of the accident. The State Commission held that the gross vehicle weight was revised and approved by the transport department. It was further endorsed and revised in the policy document. Therefore, the repudiation was invalid.
State Consumer Disputes Redressal Commission, Kerala
The State Consumer Disputes Redressal Commission, Kerala bench comprising Sri Ajith Kumar D. (Judicial Member) and Sri Radhakrishnan K.R. (Member) held BSNL and Mokeri Telephone Exchange liable for deficiency in service for failure to provide adequate internet/telecom services. The State Commission held that merely providing an undertaking that for a rebate in rent during the faulty period does not absolve BSNL and Mokeri.
District Consumer Disputes Redressal Commission-II, U.T. Chandigarh
The District Consumer Disputes Redressal Commission-II, U.T. Chandigarh bench comprising Amrinder Singh Sidhu (President) and SK Sardana (Member) held TATA AIG General Insurance Company Limited liable for deficiency in services for wrongful repudiation of a genuine medical claim. It held that symptoms such as cough, fever, and diabetes are typical ailments of modern life and cannot be classified as pre-existing diseases. The bench directed the insurance company to pay the claim of Rs. 3,00,000/- to the Complainant.
District Consumer Disputes Redressal Commission-I, U.T. Chandigarh
The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh dismissed a complaint against State Bank of India (SBI) Cards and Payment Services on the allegation of failure to reverse an unauthorized OTP-based credit card transaction. The District Commission perused the RBI Guidelines and held that a customer shall bear the entire loss resulting from unauthorized transactions if it is due to the customer's negligence.
District Consumer Disputes Redressal Commission-VI, New Delhi
The District Consumer Disputes Redressal Commission-VI, New Delhi bench comprising Ms Poonam Chaudhry (President), Sh. Bariq Ahmad (Member) and Sh. Shekhar Chandra (Member) held Ansal Properties and Infrastructure Limited liable for deficiency in service for failure to deliver the possession of the flat within the stipulated time or initiate the refund of the amount advanced. It was directed to refund the outstanding amount, pay Rs. 1 Lakh as compensation and Rs. 25,000/- as litigation costs.
District Consumer Disputes Redressal Commission-I, U.T. Chandigarh
Chandigarh District Commission Holds Uber Liable For Charging In Excess Of Contracted Amount
The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench comprising Pawanjit Singh (President), Surjeet Kaur (Member) and Suresh Kumar Sardana (Member) held Uber India liable for unfair trade practice for charging excess fares beyond the contracted amount. It held that Uber cannot escape liability by contending that it is a mere facilitator between the drivers and the customers, as a portion of the payment made by the customer inevitably reaches Uber.
District Consumer Disputes Redressal Commission-I, U.T. Chandigarh
The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench comprising Pawanjit Singh (President) and Surjeet Kaur (Member) held J.W. Marriott Hotel liable for unfair trade practice for retaining full payment of the booking amount even after cancellation due to unforeseen circumstances endured by the customer. The cancellation was in line with the facilitator's (MakeMyTrip) terms and conditions.
District Consumer Disputes Redressal Commission-I, U.T. Chandigarh
The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench of Pawanjit Singh (President), Surjeet Singh (Member) and Suresh Kumar Sardana (Member) held Voltas, its technician and Cool Star Refrigeration Store, Chandigarh liable for deficiency in services and unfair trade practices for failure to repair the refrigerator after charging Rs. 1,800/- from the Complainant. The District Commission directed them to refund Rs. 1,800/- to the Complainant and pay a compensation of Rs. 5,000/- along with Rs. 5,000/- for the litigation expenses.
District Consumer Disputes Redressal Commission, Gurgaon
Gurgaon District Commission Holds BATA Liable For Sale Of Defective Shoes And Failure To Replace
The District Consumer Disputes Redressal Commission, Gurgaon bench comprising Shri Sanjeev Jindal (President), Ms Jyoti Siwach (Member) and Ms Khushwinder Kaur (Member) held BATA footwear liable for selling defective shoes and subsequently, failing to replace it before the proceedings started.
District Consumer Disputes Redressal Commission-I, U.T. Chandigarh
The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench comprising Shri Pawanjit Singh (President), Mrs. Surjeet Kaur (Member) and Shri Suresh Kumar Sardana (Member) held Apollo Munich Health Insurance Company liable for wrongful repudiation of a valid insurance claim on the pretext of non-disclosure of a prior illness. The district Commission held that there was no nexus between the prior disease and the new ailment for which the insurance amount was being claimed.
District Consumer Disputes Redressal Commission, Amritsar (“District Commission”)
The District Consumer Disputes Redressal Commission, Amritsar (“District Commission”) bench comprising Mr Jagdishwar Kumar Chopra (President) and Ms Mandeep Kaur (Member) dismissed a complaint against LA Roma Pizzeria as the aggrieved customer failed to discharge the burden of proof regarding allegations of mistreatment and denial of normal water.
District Consumer Disputes Redressal Commission-I, U.T. Chandigarh
The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench comprising Shri Pawanjit Singh (President), Mrs Surjeet Kaur (Member) and Shri Suresh Kumar Sardana (Member) held Stay Vista Private Limited and the Hideaway Cottage liable for deficiency in service and unfair trade practices. Stay Vista, an online hotel booking platform, failed to resolve a customer's grievance after substandard conditions at the hotel and a discrepancy in its location were reported.
District Consumer Disputes Redressal Commission-I, U.T. Chandigarh
The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench comprising Shri Pawanjit Singh (President), Mrs Surjeet Kaur (Member) and Shri Suresh Kumar Sardana (Member) held Miniso India liable for charging Rs. 12 extra for the carry bag without informing the customer before making the payment.
District Consumer Disputes Redressal Commission, Ambala (Haryana)
The District Consumer Disputes Redressal Commission, Ambala (Haryana) bench comprising Smt. Neena Sandhu (President), Smt. Ruby Sharma (Member) and Shri Vinod Kumar Sharma (Member) held Google India liable for deficiency in service for failure to provide upgraded storage despite receiving payments. It rejected the argument of Google India that the storage services were being provided by Google LLC, which is a separate legal entity. A direct relationship between Google India and Google LLC was found and the complaint was allowed.
District Consumer Disputes Redressal Commission-VII, South-west Delhi
The District Consumer Disputes Redressal Commission-VII, South-west Delhi bench comprising Suresh Kumar Gupta (President), R.C. Yadav (Member) and Dr. Harshali Kaur (Member) held Airtel liable for failure to provide free DTH connection for the first 2 months, as promised in the package initially. The District Commission directed Airtel to refund the amount and pay Rs. 5,000/- as compensation.
District Consumer Disputes Redressal Commission, Ambala (Haryana)
The District Consumer Disputes Redressal Commission, Ambala (Haryana) bench comprising Smt. Neetu Sandhu (President), Ruby Sharma (Member) and Vinod Kumar Sharma (Member) dismissed a complaint against IDFC First Bank and Ebix Travels because the allegations involved complex events, requiring further evidence and the presence of witnesses. Therefore, the Complainant was set at liberty to pursue the matter in an appropriate court of law.
Additional District Consumer Disputes Redressal Commission-II, Bangalore Urban, Karnataka
The Additional District Consumer Disputes Redressal Commission-II, Bangalore Urban, Karnataka bench comprising Sri Vijaykumar M. Pawale (President), Smt. V. Anuradha (Member) and Kum. Renukadevi Deshpande (Member) held Flipkart liable for deficiency in service and unfair trade practice for failure to replace a washing machine which was damaged in transit.
District Consumer Disputes Redressal Commission-I, U.T. Chandigarh
The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench comprising Surjeet Kaur Presiding (Member) and Suresh Kumar Sardana (Member) held SBI Card liable for deficiency in service for failure to resolve disputes regarding unauthorized transactions within a reasonable time frame.
District Consumer Disputes Redressal Commission-I, U.T. Chandigarh
The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench comprising Shri Pawanjit Singh (President), Mrs Surjeet Kaur (Member) and Shri Suresh Kumar Sardana (Member) held Country Club Hospitality and Holidays Limited liable for deficiency in service and unfair trade practice. The Club failed to honour the promised terms of membership and failed to rectify the issues with the validity period.
District Consumer Disputes Redressal Commission, Ambala (Haryana)
The District Consumer Disputes Redressal Commission, Ambala (Haryana) bench comprising Smt. Neena Sandhu (President), Smt. Ruby Sharma (Member) and Shri Vinod Kumar Sharma (Member) dismissed a complaint against United India Insurance Company for repudiation of a stolen car's claim. The District Commission held that the car keys were negligently left inside the car, which contributed to the theft. Further, the FIR was filed with an unexplained delay of 30 days, which raised serious concerns regarding the validity of the claim.
District Consumer Disputes Redressal Commission, Kurukshetra (Haryana)
The District Consumer Disputes Redressal Commission, Kurukshetra (Haryana) bench comprising Dr Neelima Shangla (President), Neelam (Member) and Ramesh Kumar (Member) held Oyo and 2 of its registered hotels liable for denying check-in to the Complainant, despite confirmed booking. This created significant hurdles in the career opportunity of the Complainant, for which he had made the bookings.
District Consumer Disputes Redressal Commission, Ernakulam (Kerala)
Ernakulam District Commission Holds BATA Showroom Liable For Selling Outdated Sandals
The District Consumer Disputes Redressal Commission, Ernakulam (Kerala) held BATA Showroom (MG Road), Ernakulam liable for unfair trade practices and deficiency in service for selling outdated sandals. The sandals turned out to be defective as their soles broke into 2 pieces within 2 days of the purchase.
District Consumer Disputes Redressal Commission, Panchkula (Haryana)
The District Consumer Disputes Redressal Commission, Panchkula (Haryana) bench comprising Sh. Satpal (President), Dr. Sushma Garg (Member) and Dr. Barhm Parkash Yadav (Member) held Oyo Rooms and Hotel Kasauli Continental liable for failure to assure check-in, despite receiving full payment for the same. Even though the Hotel was no more tied up with Oyo, there was a lock-in requirement of 12 months during which the Hotel was responsible for honouring confirmed bookings.
District Consumer Disputes Redressal Commission, Panchkula (Haryana)
The District Consumer Disputes Redressal Commission, Panchkula (Haryana) bench comprising Sh. Satpal (President), Dr Sushma Garg (Member) and Dr. Barhm Parkash Yadav (Member) held Mahindra & Mahindra and its authorized dealer liable for deficiency in service for failure to rectify issues with the voice recognition capacity of the infotainment system of the car. The District Commission directed them to pay Rs. 40684.50/- for the deficient infotainment system, Rs. 15,000/- compensation and Rs. 10,000/- litigation costs to the Complainant.
District Consumer Disputes Redressal Commission-II, U.T. Chandigarh
The District Consumer Disputes Redressal Commission-II, U.T. Chandigarh bench comprising Shri Amrinder Singh Sidhu (President) and Shri B.M. Sharma (Member) held Punjab National Bank liable for premature encashment of a Fixed Deposit Receipt (FDR) without the Complainant's consent. The bank was directed to reimburse the loss along with 7% interest.
Additional District Consumer Disputes Redressal Commission-III, Bengaluru
The Additional District Consumer Disputes Redressal Commission-III, Bengaluru Urban bench comprising Sri. Shivarama K (President), Sri. Chandrashekar S Noola (Member) and Smt. Rekha Sayannvar (Member) held Thomas Cook (India) liable for failure to procure the Complainant's Australian Visa within a reasonable time. The delay in procurement of the visa led to the cancellation of the Complainant's trip.
District Consumer Disputes Redressal Commission, Jaipur-I (Rajasthan)
The District Consumer Disputes Redressal Commission, Jaipur-I (Rajasthan) bench comprising Dr. Sube Singh Yadav (President) and Neelam Sharma (Member) held Oyo Rooms liable for deficiency in services for failure to provide adequate transportation and other facilities as promised under the holiday package. Out of the total package amount of Rs. 1,23,896/-, Oyo was directed to make a refund of Rs. 61,948/-, pay Rs. 3,000/- as compensation and Rs. 2,000/- as litigation costs.
District Consumer Disputes Redressal Commission-VII, South-West Delhi
The District Consumer Disputes Redressal Commission-VII, South-West Delhi bench comprising Suresh Kumar Gupta (President), R.C. Yadav (Member) and Dr. Harshali Kaur (Member) held Haldiram Product Pvt. Ltd. liable for deficiency in service and unfair trade practice. Haldiram engaged in the selling of stale sweets infected with fungus. It also failed to resolve the consumer's grievances by replacing only 3 bags of sweets among many.
District Consumer Disputes Redressal Commission–X, New Delhi
The District Consumer Disputes Redressal Commission–X, New Delhi bench comprising Monika Aggarwal Srivastava (President), Dr Rajender Dhar (Member) and Ritu Garodia (Member) held Food Hall, Chanakya Mall liable for unfair trade practice and deficiency in service for negligently leaving pieces of a white-coloured glove in a packed food item. Further, the Food Hall management failed to address the grievance or extend an apology to the Complainant.
District Consumer Disputes Redressal Commission, Karnal (Haryana)
The District Consumer Disputes Redressal Commission, Karnal (Haryana) bench comprising Sh. Jaswant Singh (President), Sh. Vineet Kaushik (Member) and Dr Suman Singh (Member) held Airtel and Vodafone liable for disconnecting the Complainant's mobile connections despite the fulfilment of outstanding dues. The District Commission directed them to restore the connections or pay Rs. 50,000/- to the Complainant along with Rs. 15,000/- for litigation costs.
District Consumer Disputes Redressal Commission-II, U.T. Chandigarh
The District Consumer Disputes Redressal Commission-II, U.T. Chandigarh bench comprising Mr Amrinder Singh Sidhu (President) and Mr B.M. Sharma (Member) held New India Assurance Company liable for not honouring the complete claim for the insured stock which was burned down due to a fire accident. The District Commission held that the surveyor undervalued the claim amount without giving any justifiable reasons.
District Consumer Disputes Redressal Commission, Kurukshetra (Haryana)
The District Consumer Disputes Redressal Commission, Kurukshetra (Haryana) bench comprising Dr Neelima Shangla (President), Neelam (Member) and Ramesh Kumar (Member) held Vmake Visas liable for failure to arrange the Canadian Permanent Residence (PR) for the Complainant within the agreed timeframe. It was directed to refund the entire collected amount, and pay Rs. 50,000/- compensation and Rs. 11,000/- litigation costs to the Complainant.
District Consumer Disputes Redressal Forum, Ambala (Haryana)
The District Consumer Disputes Redressal Forum, Ambala (Haryana) bench comprising Smt. Neena Sandhu (President), Smt. Ruby Sharma (Member) and Shri Vinod Kumar Sharma (Member) held Pizza Wings restaurant liable for delivering chicken roll instead of paneer roll. The District Commission directed Pizza Wings to pay Rs. 5,000/- as a lumpsum compensation amount to the aggrieved consumer.
District Consumer Disputes Redressal Commission, Mumbai Suburban (Maharashtra)
The District Consumer Disputes Redressal Commission, Mumbai Suburban (Maharashtra) bench comprising Smt. Samindara S. Surve (President), Sanjay S. Jagdale (Member) and Shri Sameer Kamble (Member) held Hindustan Times Media Ltd. liable for deficiency in service for failure to provide access to its employment platform despite receiving payments for the same. It was directed to refund the payment with interest, pay Rs. 2 Lakh consolidated compensation and Rs. 10,000/- litigation costs.
District Consumer Disputes Redressal Commission, Gurgaon (Haryana)
The District Consumer Disputes Redressal Commission, Gurgaon (Haryana) bench comprising Shri Sanjeev Jindal (President), Ms Jyoti Siwach (Member) and Ms Khushwinder Kaur (Member) held Asian Public School, Gurgaon liable for deliberately misrepresenting the dates of admission and withdrawal to charge more fee for extra months. The school was directed to refund the extra fee and pay Rs. 15,000/- compensation and Rs. 11,000/- litigation costs.
District Consumer Dispute Redressal Commission-III, South Kolkata (West Bengal)
The District Consumer Dispute Redressal Commission-III, South Kolkata (West Bengal) bench comprising Mrs. Monihar Begum (Presiding Member) and Mr. Manish Deb (Member) held UCO Bank liable for deficiency in service for failure to utilize the Core Banking Solution (CBS) facility to credit the matured fixed deposit amount in the Complainant's savings account. The Bank was directed to transfer the matured amount with interest and pay Rs. 20,000/- as compensation.
District Consumer Disputes Redressal Commission-II, Central Kolkata (West Bengal)
The District Consumer Disputes Redressal Commission-II, Central Kolkata (West Bengal) bench comprising Mrs Sukla Sengupta (President) and Mr Reyazuddin Khan (Member) held Marco-Polo Restaurant, Park Street (Kolkata) liable for charging more than MRP for packaged water and a 650 ml Kingfisher (S) bottle. The District Commission also held that the restaurant had a duty to serve the customers without charging additional service charges.
District Consumer Disputes Redressal Commission, Gurgaon (Haryana)
The District Consumer Disputes Redressal Commission, Gurgaon (Haryana) bench comprising Shri Sanjeev Jindal (President), Ms Jyoti Siwach (Member) and Ms Khushwinder Kaur (Member) held One Plus and its seller, Vijay Sales Pvt. Ltd. liable for deficiency in service for failure to resolve issues with a newly purchased phone, within the warranty period. They were directed to refund the amount of the phone with interest, and pay Rs. 15,000/- as compensation and Rs. 11,000/- as litigation costs to the Complainant.
District Consumer Disputes Redressal Commission, Gurgaon (Haryana)
The District Consumer Disputes Redressal Commission, Gurgaon (Haryana) bench comprising Shri Sanjeev Jindal (President), Ms Jyoti Siwach (Member) and Ms Khushwinder Kaur (Member) dismissed a complaint against National Insurance Company Ltd. It found that the damage to the insured car resulted from the deliberate and wilful actions of the Complainant's son, driving into a water-logged underpass, absolving the Insurance Company of liability.
District Consumer Disputes Redressal Commission-I, North Delhi
The District Consumer Disputes Redressal Commission-I, North Delhi bench comprising Divya Jyoti Jaipuriar (President) and Harpreet Kaur Charya (Member) held Vodafone Idea Limited liable for applying international roaming rates when the complainant was in India. Additionally, it was found guilty of abruptly deactivating both incoming and outgoing services without any prior notice or SMS alerts.
District Consumer Disputes Redressal Commission, Fatehgarh Sahib (Punjab)
The District Consumer Disputes Redressal Commission, Fatehgarh Sahib (Punjab) bench comprising Shri Sanjeev Batra (President), Ms Shivani Bhargava (Member) and Shri Manjit Singh Bhinder (Member) held Punjabi University liable for deficiency in service for failure to dispatch the requested academic transcript to a student within a reasonable time. Further, the University was also held liable for failure to refund the fee submitted to procure the said transcript.
Rajasthan Real Estate Regulatory Authority (Authority)
Rajasthan RERA Imposes 50 Lakh Fine On Builder For Failure To Register Project Under RERA
Rajasthan Real Estate Regulatory Authority (Authority) bench comprising of Mrs. Veenu Gupta (Chairperson), has imposed a fine of Rs. 50 lakhs on the builders for failing to register the project under Section 3 of the Real Estate (Regulation and Development) Act, 2016 (RERA).
Tamil Nadu Real Estate Regulatory Authority (TNRERA)
TN RERA Orders Builder To Compensate Homebuyer For Mental Agony Faced Due To Delayed Possession
Tamil Nadu Real Estate Regulatory Authority (TNRERA) bench Comprising of TMT N. Uma Maheshwari (Adjudicating Officer) has directed the Builder to pay compensation for the mental agony and inconvenience faced by Homebuyers due to delays in delivering possession, despite fulfilling all payment requirements on time.
Himachal Real Estate Regulatory Authority (HPRERA)
The Himachal Real Estate Regulatory Authority (HPRERA) bench comprising of Justice Dr. Srikant Badli (Chairperson) and BC Badalia (Member), has held that a builder cannot demand full payment from the homebuyer if the Project's Occupancy Certificate has not been obtained and the construction of the flat is not complete within the agreed time for delivery of possession.
