Consumer Cases Weekly Round-Up: 29th July To 4th August 2024

National Consumer Disputes Redressal Commission (NCDRC) NCDRC Holds New Delhi Institute Of Management Studies Liable For Misleading Student For Joining MBA Course The National Consumer Disputes Redressal Commission bench of Dr Inder Jit Singh (Presiding Member) held New Delhi Institute of Management Studies liable for deficiency in service and unfair trade practice for misleading a student into joining its MBA course with the false assurance that the course was being offered in association with Madhuraj Kamraj University. Case Title: New Delhi Institute of Management Studies vs Shamaneshwaram and 2 Ors. Case No.: Revision Petition No. 346-347 of 2019 National Consumer Disputes Redressal Commission Insured Is Bound By Information Provided In Proposal Form: NCDRC The National Consumer Disputes Redressal Commission, presided by Justice Sudip Ahluwalia, held that allowed a revision petition by Life Insurance Corporation and held that an insured has to mandatorily adhere to the information provided in the proposal form during the application process. Case Title: Life Insurance Corporation Of India Vs. Reena Agarwal Case Number: R.P. No. 849/2020 National Consumer Disputes Redressal Commission National Commission's Revisional Powers Limited To Jurisdictional Error Or Irregularity: NCDRC The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that National Commission's powers are limited to addressing issues of jurisdictional error or irregularity and cannot overturn concurrent factual findings made by the District Forum and the State Commission. Case Title: Rajesh Singh Vs. Bajaj Allianz General Insurance Co. Ltd. Case Number: R.P No. 887/2019 National Consumer Disputes Redressal Commission Forfeiture Must Be Reasonable Requiring Actual Proof Of Damage: NCDRC The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya and Bharatkumar Pandya, held that forfeiture of earnest money must be reasonable and not penal, requiring proof of actual damage. Case Title: Dhruv Upadhyaya Vs. M/S Capital Heights Pvt Ltd. Case Number: C.C. No. 963/2017 National Consumer Disputes Redressal Commission National Commission Cannot Interfere With Concurrent Factual Findings Made By Lower Fora: NCDRC The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the revision jurisdiction of the National Commission is limited in nature and it cannot interfere with the findings of the lower fora without proper evidence. Case Title: Shashikala Baranwal Vs. Union Of India & Anr. Case Number: R.P. No. 783/2023 National Consumer Disputes Redressal Commission MD In Medicine Qualified To Treat ICU Patients Without Additional Intensive Care Training: NCDRC The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya and Mr. Bharatkumar Pandya, dismissed an appeal against Akshaya Hospital and held that doctors with an MD in medicine are sufficiently qualified to treat ICU patients without needing extra intensive care training. Case Title: V.C. Rawat Vs. Akshaya Hospital Case Number: F.A. No. 587/2023 National Consumer Disputes Redressal Commission Flat Buyer Cannot Be Made To Wait Indefinitely For Possession, NCDRC Holds Ansal Properties And Infrastructure Ltd. Liable For Delay The National Consumer Disputes Redressal Commission (NCDRC) bench of Subhash Chandra (Presiding Member) held Ansal Properties and Infrastructure Ltd. liable for failure to deliver the possession of the flat within the stipulated time, despite receiving regular part-payments for the same. Case Title: S.K. Rathore vs Ansal Properties and Infrastructure Ltd. and Anr. (and connected matters) Case No.: First Appeal No. 44 of 2018 National Consumer Disputes Redressal Commission NCDRC Holds K. Soni Builders Liable For Failure To Deliver Possession Of Flat Within Stipulated Time The National Consumer Disputes Redressal Commission (NCDRC) bench of Mr Subhash Chandra (Presiding Member) held K. Soni Builders liable for failure to handle the possession of the flat within the stipulated time to the Complainants. It was held that a flat buyer cannot be expected to wait indefinitely for possession and is justified in terminating the agreement if possession is significantly delayed. Case Title: Shashi Bansal and Anr. vs K Soni Builders Case No.: First Appeal No. 1371 of 2018 National Consumer Disputes Redressal Commission Survey Report Must Be Given Due Consideration In Insurance Settlement Unless It Ignores Material Evidence Or Misrepresents Facts: NCDRC The National Consumer Disputes Redressal Commission (NCDRC) bench of AVM J. Rajendra (Presiding Member) dismissed an appeal against New India Assurance Company Ltd. It was held that...

Consumer Cases Weekly Round-Up: 29th July To 4th August 2024

Apoorva Pandita

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