Consumer Cases Weekly Round-Up ;18th December 2023-24th December 2023

1. National Consumer Disputes Redressal Commission (New Delhi) Arbitration Clauses Do Not Bar Consumer Commissions' Jurisdiction, NCDRC Allows Complaint Against Jai Prakash Associates Ltd. Case Title: Dharamvir Singh and Anr. vs Jai Prakash Associates Limited and Anr. The National Consumer Disputes Redressal Commission (NCDRC), New Delhi bench comprising Mr Ram Surat Ram Maurya (Presiding Member) and Bhartkumar Pandya (Member) held Jai Prakash Associates Ltd. and its subsidiary, Jaypee Sports Int. Ltd. liable for failure to deliver the possession of the housing unit to the Complainant within the stipulated time. Further, the Builder's defence that the agreement had an arbitration clause was rejected as it was held that Consumer Forum's remedies stand in addition to the Arbitration and Conciliation Act, 1996. 2. National Consumer Disputes Redressal Commission (New Delhi) NCDRC's Revisional Jurisdiction Limited To Orders Involving Material Irregularity, Illegality Or Jurisdictional Error, Dismisses Revision Petition By Kalinga Eye Hospital Case Title: Kalinga Eye Hospital vs Bhabagrahi Sahu and Anr. The National Consumer Disputes Redressal Commission (NCDRC), New Delhi bench comprising Dr Inder Jit Singh (Presiding Member) dismissed a revision petition filed by Kalinga Eye Hospital and Research Centre while acknowledging its limited revisional jurisdiction which can only be exercised in the case of illegality, material irregularity or jurisdictional error in the order of the State Commission. The NCDRC considered the submissions made by the parties and found no reason to interfere with the orders of the District Commission, Deogarh and State Commission, Odisha. 3. District Consumer Disputes Redressal Commission, Ernakulam (Kerala) Ernakulam District Commission Holds Car Seller Liable For Denying Benefits Of Extended Warranty Benefits For Car Repairs Case Title: Baby C.C. vs M/s Vision Motors Pvt. Ltd. The District Consumer Disputes Redressal Commission, Ernakulam (Kerala) bench comprising Shri D.B. Binu (President), Shri V. Ramachandran (Member) and Smt. Sreevidhia T.N. (Member) held Vision Motors Pvt. Ltd. for denying the benefits of a valid Extended Warranty Scheme held by the Complainant whose car broke down due to bearing issues, within the warranty period. The District Commission held that the Seller's conscious failure to file a written version despite having received the appearance notice, amounted to an admission of the allegations levelled against it. 4. District Consumer Disputes Redressal Commission, Rohtak (Haryana) Missing Luggage From Reserved Train Compartment, Rohtak District Commission Directs Indian Railways To Pay Rs. 2.5 Lakhs For Negligence Case Title: Monika Rani vs Indian Railways The District Consumer Disputes Redressal Commission, Rohtak (Haryana) bench comprising Nagender Singh Kadian (President), Tripti Pannu (Member) and Vijender Singh (Member) held the Station Superintendent of Rohtak Railway Station liable for negligence and inadequate security and safety of passengers' belongings. It directed the railway authority to pay a compensation of Rs 2,50,000 to a Complainant whose language was stolen during the train journey. 5. District Consumer Disputes Redressal Commission, Cuttack (Odisha) Cuttack District Commission Holds Vishal Mega Mart Liable of Selling Expired Products, Orders To Compensate Buyer, Pay Rs. 5 Lakhs To State Welfare Fund Case Title: Dr. Sunil Kumar Rath vs The Manager, Vishal Mega Mart The District Consumer Disputes Redressal Commission, Cuttack (Odisha) bench comprising Debasish Nayak (President) and Sibananda Mohanty (Member) held Vishal Mega Mart liable for selling expired products in its store. The store was directed to pay a compensation of Rs 50,000 to the Complainant and deposit Rs 5,00,000 to the State Consumer Welfare Fund. 6. District Consumer Disputes Redressal Commission, Ludhiana (Punjab) Missing Check-In Luggage, Ludhiana District Commission Directs Emirates Airline To Pay Rs. 25k Compensation And Bharti Axa Insurance Co. To Reimburse Claim Case Title: S.K. Garg vs Emirates Airlines and Ors. The District Consumer Disputes Redressal Commission, Ludhiana (Punjab) bench comprising Sanjeev Batra (President) and Monika Bhagat (Member) held Emirates Airlines liable for missing check-in luggage of the Complainant. Further, it directed the Bharti Axa General Insurance Company Limited to reimburse the Complainant's claim for the missing luggage within 30 days and directed the Complainant to deposit the documents to the Insurance Company within 15 days. The District Commission directed Emirates Airline to pay a compensation of Rs 25,000 to the Complainant. 7. District Consumer Disputes Redressal Commission, South West Delhi (Delhi)South West Delhi District Commission Holds McDonald's Liable For Sending Different Meal Of...

Consumer Cases Weekly Round-Up ;18th December 2023-24th December 2023

Smita Singh

Tags