Consumer Cases Weekly Round-Up: 1st January To 7th January 2024

Unable To Prove Ankle Fracture Due To Rock Climbing Game, U.P. State Commission Dismisses Appeal Against Grand Venice Mall & Game Operators

Case Title: Rachit Srivastava vs Grand Venice Mall and Others

The State Consumer Disputes Redressal Commission, Uttar Pradesh bench comprising Mr Justice Ashok Kumar (President) dismissed an appeal filed by the Complainant against Grand Venice Mall, Greater Noida and a rock-climbing company operating within its premises. The State Commission held that the Complainant failed to prove the alleged ankle injury, communication with Game Operators and other allegations made against the mall and the Game Operators.

District Consumer Disputes Redressal Commission-II, Chandigarh

Chandigarh District Commission Holds Yatra Online Liable For Failure To Provide Direct Airline Booking

Case Title: Kasim vs Yatra Online Private Limited

The District Consumer Disputes Redressal Commission-II, Chandigarh bench comprising of Amrinder Singh Sidhu (President) and Mr B.M. Sharma (Member) held Yatra Online Pvt. Ltd. liable of deficiency in service and unfair trade practices for failing to inform the Complainant about the requirement of transit visa for the connecting flight and for failure to provide a direct layover-free flight, in line with the Complainant's requirements. The bench directed Yatra Online to pay Rs. 56,504/- to the Complainant.

District Consumer Disputes Redressal Commission, Kangra (Himachal Pradesh)

Kangra District Commission Holds SBI Liable For Unreasonably Penalizing Customers Without Issuing Prior Notification

Case Title: Narendra Prem Chand Rana and another vs The Branch Manager, State SBI of India

The District Consumer Disputes Redressal Commission, Kangra (Himachal Pradesh) bench comprising Mr Hemanshu Mishra (President), Ms Arti Sood (Member) and Mr Narayan Thakur (Member) held State Bank of India liable for wrongfully penalizing its borrowers for failure to timely furnish the completion certificate of the house, for which they applied for a home loan under the SBI Realty Home Loan Scheme. The District Commission held that SBI demanded the certificate after six years and didn't issue a prior notification to the Complainants for the same.

Ernakulam District Consumer Disputes Redressal Commission

Ernakulam District Commission Holds Toshiba India Pvt Ltd. Liable For Deficiency In Service

The Ernakulam District Consumer Disputes Redressal Commission, Kerala, headed by D.B. Binu as President, alongside members V. Ramachandran and Sreevidhia. T.N. held Toshiba India and the carrier liable for deficiency in service over substandard product and concealment of relevant information during the purchase by the complainant.

Bangalore I Additional District Consumer Disputes Redressal Commission

Delay In Installation Of Lift, Bangalore District Commission Holds John Elevators Liable For Deficiency In Service

The Bangalore I Additional District Consumer Disputes Redressal Commission bench comprising of B. Narayanappa (President), Jyothi N (Member) and Sharavathi S.M (Member) held John Elevators Private Limited liable of deficiency in service for delay in installation of the lift. The bench directed it to complete the lift work within two months and pay a compensation of Rs. 1,05,000/- to the Complainant.

District Consumer Disputes Redressal Commission, Karnal (Haryana)

Karnal District Commission Holds New India Assurance Co Liable For Deficiency In Service, Directs To Disburse Rs. 1.48 Lakhs, Pay Compensation

The District Consumer Disputes Redressal Commission, Karnal (Haryana) bench comprising Shri Jaswant Singh (President), Shri Vineet Kaushik (Member) and Dr Suman Singh (Member) held New India Assurance Company Limited liable for deficiency in service for wrongfully repudiating based on commercial usage of the vehicle. The District Commission noted that the Insurance Company failed to substantiate its claims with proof. Therefore, it allowed the complaint and ordered it to pay Rs. 1.48 lakhs to the Complainant, along with Rs. 25k compensation and Rs. 11k litigation costs.

District Consumer Disputes Redressal Commission, Palakkad (Kerala)

Doctor Not Liable For Providing Medical Certificate With Personal Details To Patient's Spouse, Palakkad District Commission Dismisses Complaint

The District Consumer Disputes Redressal Commission, Palakkad (Kerala) bench, composed of Mr Vinay Menon (President), Mrs Vidya A (Member), and Mr Krishnankutty N.K. (Member), directed the complainant to compensate the doctor for filing a malicious complaint alleging a breach of doctor-patient confidentiality. The complainant accused the doctor of intentionally providing a medical certificate to her husband, detailing her depressive disorder. The District Commission dismissed the complaint against the doctor due to a lack of evidence demonstrating the doctor's knowledge and intention to cause potential harm to the complainant.

District Consumer Disputes Redressal Commission-II, Hyderabad (Telangana)

No Nexus Between Disease And Patient's Death, Hyderabad District Commission Orders LIC To Disburse Rs. 20 Lakhs, Pay Compensation

The District Consumer Disputes Redressal Commission-II, Hyderabad (Telangana) bench comprising Sri Vakkanti Narasimha Rao (President), Sri P.V.T.R. Jawahar Babu (Member) and Smt. D. Sreedevi (Member) held Life Insurance Corporation (LIC) of India liable for wrongfully repudiating the insurance claim filed by the deceased's wife, despite submission of all required documents. The District Commission rejected LIC's argument that the patient suppressed the information regarding a pre-existing disease and concluded that there was no nexus between the alleged disease and the patient's death. LIC was directed to disburse Rs. 20 lakhs, and pay Rs. 25k compensation for mental agony and Rs. 5,000 for litigation costs.

District Consumer Disputes Redressal Commission-II, Jodhpur (Rajasthan)

Non-Disbursal Of Policy Amount, Jodhpur District Commission Holds United India Insurance Co. Liable

The District Consumer Disputes Redressal Commission-II, Jodhpur (Rajasthan) bench comprising Dr. Shyan Sundar Lata (President) and Smt. Afsana Khan (Member) directed United India Insurance Co. to disburse 75% of the Insured Declared Value (IDV) to the Complainant whose insured car was stolen when left unattended during the Covid-19 pandemic. The District Commission noted that the Complainant's actions violated the insurance policy, however, the circumstances were so that the case deserved a successful claim on a non-standard basis.

District Consumer Disputes Redressal Commission-II, Jodhpur (Rajasthan)

Jodhpur District Commission Holds Foresta Café Liable For Failure To Provide Regular Drinking Water, Compelling Customers To Buy Bottled Water

The District Consumer Disputes Redressal Commission-II, Jodhpur (Rajasthan) bench comprising Dr Shyam Sundar (President) and Afsana Khan (Member) held Foresta Café, Jodhpur liable for failure to provide regular drinking water to customers, indirectly compelling them to buy bottled water for which they charge more than the bottle's M.R.P. The café was directed to pay Rs. 20,000/- compensation and Rs. 2,500 legal costs to the Complainant.

District Consumer Disputes Redressal Commission, Udaipur (Rajasthan)

Udaipur District Commission Holds Amazon Liable For Deficiency In Service For Failure To Refund Purchase Amount After Receiving Returned Product

The District Consumer Disputes Redressal Commission, Udaipur (Rajasthan) bench comprising Shri Prakash Chandra Pagaria (President) and Shri Jai Dixit (Member) directed Amazon to refund the purchase price of the shoes returned by the Complainant. The District Commission held that Amazon did not make an effort to clarify its contention regarding the return of the wrong product by the Complainant and its failure to refund any amount constituted a deficiency in service. The shoe manufacturer was not held liable for the same.

District Consumer Disputes Redressal Commission-III, West Delhi

West Delhi District Commission Directs Rao IIT Academy To Refund Fee To Student Who Couldn't Attend Classes Due To Transfer

The District Consumer Disputes Redressal Commission-III, West Delhi bench comprising Ms Sonica Mehrotra (President), Ms Richa Jindal (Member) and Mr Anil Kumar Koushal (Member) held Rao IIT Academy liable for refunding the fee to the Complainant, whose daughter did not attend one single class due to the Complainant's transfer. The District Commission noted that despite having no express agreement between the coaching institute and the Complainant, the coaching institute was liable to refund the fee.

District Consumer Disputes Redressal Commission-II, Jaipur (Rajasthan)

Charging Rs. 15 Extra Despite Applicable Discount, Jaipur District Commission Holds Reliance Retail And Its Dealer Liable For Unfair Trade Practices

The District Consumer Disputes Redressal Commission-II, Jaipur (Rajasthan) bench comprising Shri Gyarsi Lal Meena (President) and Smt. Hemlata Agrawal (Member) held Reliance Retail Limited and its dealer, Ranger Firms Limited liable for deficiency in service and unfair trade practice for charging Rs. 15 in excess of the products' value after applying the discount. They were directed to refund Rs. 15/-, pay Rs. 10,000 compensation and Rs. 5,000 litigation costs to the Complainant.

District Consumer Disputes Redressal Commission-III, West Delhi

Banks Ought To Exercise Due Diligence To Avoid Issuance Of Cheque-book To Unauthorized Persons, West Delhi District Commission Holds Bank of India Liable

The District Consumer Disputes Redressal Commission-III, West Delhi bench comprising Ms Sonica Mehrotra (President), Ms Richa Jindal (Member) and Mr Anil Kumar Koushal (Member) held Bank of India, Kirti Nagar branch liable for failure to exercise due diligence under RBI'S Cheque Truncating System (CTS) Scheme and Negotiable Instruments Act, 1881. The bank's negligence led to the issuance of the chequebook to an unauthorized person, who later transferred 2 cheques, thereby causing loss to the original account owner.

District Consumer Disputes Redressal Commission-II, West Delhi

West Delhi District Commission Holds National Insurance Co. Liable For Repudiating Patient's Claim Based On 3rd-Party Administrator's Reports

The District Consumer Disputes Redressal Commission-II, West Delhi bench comprising Ms Sonica Mehrotra (President), Ms Richa Jindal (Member) and Mr Anil Kumar Koushal (Member) held National Insurance Company Ltd. liable for arbitrary repudiation of a valid insurance claim filed by the Complainant who was hospitalized to Maharaja Agrasen Hospital, Punjabi Bagh. By giving weight to the treating doctor's certificate justifying the admission and continued follow-up, the District Commission highlighted the Insurance Company's responsibility to indemnify the insured against medical risks through the collection of premiums.

District Consumer Disputes Redressal Commission-II, Visakhapatnam (Andhra Pradesh)

Visakhapatnam District Commission Holds Union Bank Of India Liable For Failure To Investigate Unauthorized Transactions, Orders Refund And Compensation

The District Consumer Disputes Redressal Commission-II, Visakhapatnam (Andhra Pradesh) bench comprising Smt. G. Venkateswari (President), Smt. P. Vijaya Durga (Member) and Sri Karaka Ramana Babu (Member) held Union Bank of India liable for deficiency in service for its failure to investigate a couple of unauthorized transactions made from the Complainant's account. The District Commission emphasized the responsibility of the bank to promptly address customer complaints and conduct investigations.