Consumer Cases Weekly Round-Up: 1st to 7th July,2024

Orissa High Court Consumer Commission Has No Jurisdiction To Entertain Matters Coming Under Purview Of SARFAESI Act: Orissa High Court Case Title: The Chief Manager-cum-Authorized Officer, Union Bank of India, Jharsuguda v. Rajesh Kumar Agrawal & Anr. The Orissa High Court has held that the Consumer Commissions do not have jurisdiction to entertain any suit or proceeding which is subject matter of adjudication by Debt Recovery Tribunal (DRT) or Appellate Tribunal under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act'). West Bengal State Commission Not Obtaining Written Consent Before Treatment Is Medical Negligence: West Bengal State Commission Case Title: Dr. Prasenjit Das Vs. Smt. Aditi Sarkar(Minor) The West Bengal State Commission, presided by Justice Manojit Mandal, held a doctor liable for deficiency in service by committing medical negligence by not obtaining written consent from the patient before the treatment. District Consumer Disputes Redressal Commission Ambala District Commission Holds Air India Liable For Failure To Refund Booking Amount For Cancelled Flight Due To COVID-19 Case Title: Ganesh Dass Nagpal and Anr. vs Air India and Anr. The District Consumer Disputes Redressal Commission, Ambala (Haryana) bench of Neena Sandhu (President) and Vinod Kumar Sharma (Member) held Air India liable for deficiency in services for its failure to refund the ticket price following the cancellation of flights due to the COVID-19 pandemic. District Consumer Disputes Redressal Commission, Hisar (Haryana) Hisar District Commission Holds New India Assurance Co. Liable For Wrongful Repudiation Of Genuine Claim Case Title: Vikram vs New India Assurance Co. Ltd. and Anr. The District Consumer Disputes Redressal Commission, Hisar (Haryana) bench of Jagdeep Singh (President), Rajni Goyat (Member) and Amita Agarwal (Member) held New India Assurance Company liable for wrongful repudiation of a genuine claim under Pandit Deen Dayal Upadhyayay Pashu Beema Yojna (Govt. of Haryana) due to a clerical error. District Consumer Disputes Redressal Commission, Udupi (Karnataka) Delivery Of Different Watch Instead Of Tommy Hilfiger, Udupi District Commission Holds Myntra And Titan Liable Case Title: Mr. Agam R vs M/s. Myntra Designs Private Limited The District Consumer Disputes Redressal Commission, Udupi (Karnataka) bench of Sunil T. Masaraddi (President) and Sujata B. Koralli (Member) held Myntra and Titan liable for deficiency in services for delivering a different branded watch instead of Tommy Hilfiger and subsequently failing to refund the money. District Consumer Disputes Redressal Commission, Vellore (Tamil Nadu) Tahsildar And District Collector Held Liable For Failure To Measure Property Despite Receiving Challan Payments Thrice: Vellore District Commission Case Title: K. Sigamani vs The Tahsildar, Taluk Office and Anr. The District Consumer Disputes Redressal Commission, Vellore (Tamil Nadu) bench of Meenakshi Sundaram (President) and Asghar Khan (Member) held the Tahsildar of Anaicut Taluk village and the District Collector of Sathuvachari District, Vellore, liable for deficiency in services for their failure to measure the property of the Complainant despite the Complainant paying necessary fees on three occasions. District Consumer Disputes Redressal Commission-II, Visakhapatnam (Andhra Pradesh) Vishakhapatnam District Commission Holds ICICI Prudential Liable For Wrongful Repudiation Of Death Claim Case Title: Mutchakarla Naidu vs ICICI Prudential Life Insurance Company Limited and Anr. The District Consumer Disputes Redressal Commission-II, Visakhapatnam (Andhra Pradesh) bench of G Venkateswari (President), P Vijaya Durga (Member) and Karaka Ramana Babu (Member) held ICICI Prudential Life Insurance Company liable for deficiency in services for acting in bad faith while dismissing a genuine insurance claim and for taking an inconsistent stance throughout the proceedings. District Consumer Disputes Redressal Commission, Hisar (Haryana) Hisar District Commission Holds Xiaomi India, Its Authorized Service Centre Liable For Failure To Rectify Phone's Manufacturing Defects Case Title: Sumit Pannu vs Xiaomi Technology India Private Limited and Ors. The District Consumer Disputes Redressal Commission, Hisar (Haryana) bench of Jagdeep Singh (President), Rajni Goyat (Member) and Amita Agarwal (Member) held Xiaomi Technology India Pvt. Ltd. and its authorized service centre liable for negligence and unfair trade practices due to their failure to repair a smartphone with manufacturing defects. District Consumer Disputes Redressal Commission, Kannur (Kerala) Kannur District Commission Holds Aditya Birla Health Insurance Co. Liable For Wrongful ...

Consumer Cases Weekly Round-Up: 1st to 7th July,2024

Apoorva Pandita

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