Annual Digest of Consumer Cases 2023: Part-I

Supreme Court Negligence By Doctor | Insurer Liable To Reimburse Compensation To Complainant To The Extent Of Its Liability Under The Policy: Supreme Court Case Title: Nagarmal Modi Sewa Sadan v Prem Prakash Rajagaria & Ors. Citation: 2023 LiveLaw (SC) 344 The Supreme Court has held that in a case of negligence committed by Doctor, the Insurance Company which covered the Doctor would have to reimburse the compensation to the Complainant to the extent of its liability under the Policy, as against the Doctor concerned. The Bench comprising of Justice A.S. Bopanna and Justice Dipankar Datta, while adjudicating an appeal filed in Nagarmal Modi Sewa Sadan v Prem Prakash Rajagaria & Ors., has declined to interfere with the finding of National Consumer Disputes Redressal Commission (NCDRC) that Doctors working under the Hospital were negligent. It was observed that the finding was arrived at by the NCDRC after perusing evidence and considering the report received from the AIIMS Hospital. Therefore, the conclusion with respect to negligence did not warrant any interference. National Consumer Disputes Redressal Commission Arbitrary Cancellation Of Allotment: NCDRC Directs E-Homes Infrastructure To Return The Amount Deposited Case: SUMIT MANSINGKA & ANR. V. E-HOMES INFRASTRUCTURE PVT. LTD The National Consumer Dispute Redressal Commission bench comprising Justice Ram Surat Ram Maurya as the Presiding Member and Dr. Inder Jit Singh as a member directed the E- Homes Infrastructure to pay entire amount deposited by the complainants including Rs. 4,10,000/- incurred for purchasing stamp papers and the amount advanced by ICICI Bank along with an interest of 9% p.a. from the date of the deposit till the date of the payment. The commission was hearing a complaint filed for directing the opposite party to refund the balance principal amount along with an interest of 18% p.a. and other such reliefs. National Consumer Disputes Redressal Commission Findings Of Surveyor Not Substantiated; Repudiation Of Insurance Claim Illegal, NCDRC Case Name: Shyam Ferro Alloys Ltd v. New India Assurnace Co. Ltd. & Ors. The National Consumer Disputes Redressal Commission (NCDRC) bench of Justice Ram Surat Ram Maurya partially allowed an original complaint and asked the opposite party (Insurer) to pay the complainant (Insured) more than what they had initially allowed in the claim. This was an original complaint filed before the National Commission by Shyam Ferro Alloys Limited (Insured) against the insurer to pay 1,69,79,277/- INR with interest towards insurance claim and 15,00,000/- INR as compensation for business loss and metal agony. National Consumer Disputes Redressal Commission NCDRC Directs DLF Universals To Refund The Entire Amount For Delay In Handing Over Possession Case: BALBIR SINGH DHALTA V. DLF UNIVERSAL LTD. (PREVIOUSLY KNOWN AS DLF INDIA LTD.) AND ORS. The National Consumer Dispute Redressal Commission bench comprising Justice Ram Surat Ram Maurya as the presiding member and Dr. Inder Jeet Singh as member directed DLF Universal to refund the entire principal amount of Rs. 37,73,154/- to the complainant along with compensation in the form of simple interest @6% p.a. from the date of each payment till the date of refund. National Consumer Disputes Redressal Commission Payment Of Fees And Other Transactions should be Through Online Mode: NCDRC The National Consumer Dispute Redressal Commission has directed that payment of fees and other transactions take place through online mode only. This direction has been given vide. circular dated 09.01.2023. It is in accordance with the circular dated 07.11.2022, issued by the department of consumer affairs, govt. of India. The commission has directed that all kinds of payments of fees including disbursement of payment to the parties are to be done through digital mode only. Hence, no payment will be made through DD/ Cheque/Cash etc. National Consumer Disputes Redressal Commission NCDRC Directs The Builder To Return The Amount With Interest For The Delay Case Name - Bahadur Singh & Ors. v. M/s Landmark Apartments Pvt. Ltd. The National Consumer Disputes Redressal Commission (NCDRC) bench comprising Mr. Ram Surat Ram Maurya as Presiding Member and Dr. Inder Jit Singh as Member disposed of a consumer complaint filed by a set of individuals(complainants) against M/s Landmark Apartments Pvt. Ltd. (Opposite Party 1) due to the inordinate delay in handing over possession of the purchased land. The complainants paid a total sum of 93,48,000/- INR as sale amount for said Shop in 'The Mall' that was going to be constructed by the opposite parties. As possession was not handed over, the complainants asked for return of the principal amount along with 18% interest on the same. Moreover, in the normal course of time, the investment of the complainants could have...

Annual Digest of Consumer Cases 2023: Part-I

Apoorva Pandita

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