Consumer Cases Weekly Round-Up: 25th to 31st March, 2024

National Consumer Disputes Redressal Commission (NCDRC) Damages Involving Motor Vehicles Must Be Adjudicated By Motor Accident Claim Tribunal, Consumer Forums Do Not Have Jurisdiction: NCDRC The National Consumer Disputes Redressal Commission (NCDRC) bench comprising Mr Justice Sudip Ahluwalia (Presiding Member) reiterated that Consumer Fora do not have the jurisdiction to entertain claims/damages involving motor vehicles. Such claims could only be adjudicated by the Motor Accident Claim Tribunal (MACT) by virtue of Section 165 of the Motor Vehicles Act. Delhi State Consumer Disputes Redressal Commission Ginger Cargo Damaged During Transit, Delhi State Commission Holds Oriental Insurance Co., Involved Transit Companies Liabl The State Consumer Disputes Redressal Commission, Delhi bench comprising Justice Sangita Dhingra Sehgal (President), Ms Pinki (Member) and Mr J.P. Agrawal (Member) held Oriental Insurance Company Limited liable for wrongful repudiation of a valid claim for damaged marine cargo of gingers. The Insurance Company was directed to reimburse the amount along with interest. The transit companies involved in the transaction were also held negligent for damaging the cargo in transit and were directed to pay Rs. 2 Lakh compensation. State Consumer Disputes Redressal Commission, Circuit Bench Bikaner, Rajasthan Failure To Disclose Pre-Existing Heart Ailment, Rajasthan State Commission Dismisses Appeal Against LIC The State Consumer Disputes Redressal Commission, Circuit Bench Bikaner, Rajasthan comprising Shri Kedar Lal Gupta (Presiding Member) and Shri Sanjay Tak (Member) dismissed an appeal against LIC, filed by a policyholder who failed to disclose his pre-existing heart ailments. The State Commission held that the policyholder was not entitled to the claim as such non-disclosure resulted in the violation of the policy's terms and conditions. State Consumer Disputes Redressal Commission, U.T. Chandigarh Chandigarh State Commission Holds Reliance General Insurance Co. Liable For Failure To Reimburse Claims For Delay Of Luggage The State Consumer Disputes Redressal Commission, U.T. Chandigarh bench comprising Mrs Padma Pandey (Presiding Member) and Preetinder Singh (Member) held Reliance General Insurance Company liable for deficiency in services. The Insurance Company failed to honour the valid claims of the Indian travellers who received 4 bags from their luggage after a delay of more than 12 hours in Bhutan. State Consumer Disputes Redressal Commission, Madhya Pradesh Panchnama Not Sufficient To Prove Death Of Insured Buffaloes, M.P. State Commission Dismisses Appeal Filed Against National Insurance Co. The State Consumer Disputes Redressal Commission, Madhya Pradesh bench comprising Shri A.K. Tiwari (Presiding Member) and Dr Shrikant Pandey (Member) dismissed an appeal filed against National Insurance Company Limited by the owner of 20 insured buffaloes. The Owner failed to arrange for the post-mortem of the deceased buffaloes and instead got a 'Panchnama' (record of evidence by 5 people) signed by the co-villagers. The Panchnama was held to be insufficient to prove the claim. State Consumer Disputes Redressal Commission, Thiruvananthapuram, Kerala Kerala State Commission Holds Kerala Chamber Of Commerce and Industry Liable For Unilateral Cancellation Of Home Buyer Agreement The State Consumer Disputes Redressal Commission, Thiruvananthapuram, Kerala bench comprising Mr Ajith Kumar (Presiding Member) and Sri Radhakrishnan K.R. (Member) held the Kerala Chamber of Commerce and Industry (KCCI) liable for deficiency in service for unilaterally cancelling the buyer agreement of the Complainant and for ignoring his legitimate requests. It was held liable to refund the balance amount and pay Rs. 1 Lakh as compensation. Maharashtra Real Estate Appellate Tribunal (MahaREAT/Tribunal) MahaREAT – If Homebuyer Has Provided Written Undertaking Confirming Resolution Of All Grievances, They Cannot Withdraw From It Maharashtra Real Estate Appellate Tribunal (MahaREAT/Tribunal) bench, comprising of Justice Shri Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that If a homebuyer has given an express written undertaking stating that all their concerns have been addressed and resolved, they are not allowed to later change their mind and raise the same issues again while seeking the same type of relief through an appeal. Karnataka Real Estate Regulatory Authority (RERA/Authority) Karnataka RERA Rejects Homebuyers Complaint Of Restraining Builder From Constructing On Area Reserved for Amenities Karnataka Real Estate Regulatory Authority (RERA/Authority) bench, comprising Justice HC Kishore Chandra (Chairperson), Neelmani N Raju (Member), and GR Reddy (Member), rejected the homebuyers complaint of restraining the...

Consumer Cases Weekly Round-Up: 25th to 31st March, 2024

Apoorva Pandita

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