Consumer Cases Weekly Round-Up: 8th To 14th July 2024

Update: 2024-07-16 15:30 GMT
Click the Play button to listen to article
trueasdfstory

Supreme Court 'People Don't Purchase High-End Luxurious Cars To Suffer Discomfort' : Supreme Court Holds Mercedes Benz Liable For Faults In Vehicles The Supreme Court on Tuesday upheld orders of the National Consumer Disputes Redressal Commission (NCDRC) granting relief to two companies who had purchased cars from luxury car company Mercedes-Benz for the use of their...

Your free access to Live Law has expired
Please Subscribe for unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments, Ad Free Version, Petition Copies, Judgement/Order Copies.

Supreme Court

'People Don't Purchase High-End Luxurious Cars To Suffer Discomfort' : Supreme Court Holds Mercedes Benz Liable For Faults In Vehicles

The Supreme Court on Tuesday upheld orders of the National Consumer Disputes Redressal Commission (NCDRC) granting relief to two companies who had purchased cars from luxury car company Mercedes-Benz for the use of their directors. A bench of Justice Bela M Trivedi and Justice Pankaj Mithal was dealing with appeals arising out of a case of a car developing heating issues and another case of an accident wherein the airbags of the car did not deploy.

Case Title – M/S Daimler Chrysler India Pvt. Ltd. v. M/S Controls & Switchgear Company Ltd.

Citation: 2024 LiveLaw (SC) 447

National Consumer Disputes Redressal Commission

Ambiguous Insurance Terms Should Be Interpreted In Favour of Insured: NCDRC Holds Bajaj Allianz Insurance Liable For Deficiency In Service

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that vague terms in an insurance contract should be interpreted in favour of the insured party in the event of a dispute.

Case Title: Bajaj Allianz General Insurance Co. Ltd. Vs. P. Santha Kumari

Case Number: F.A. No. 204/2022

National Consumer Disputes Redressal Commission

NCDRC Holds Oriental Insurance Liable For Deficiency In Service While Holding That Filing Two Claims For Same Occurrence Is Unsustainable

The National Consumer Disputes Redressal Commission, presided by Dr. Sadhna Shanker, held that two separate claim forms cannot be filed by the insured for the same occurrence as they do not change the nature of the occurrence and loss.

Case Title: Oriental Insurance Company Ltd. Vs. M/S. S. P. Singla Construction Pvt. Ltd

Case Number: F.A.No. 943/2016

National Consumer Disputes Redressal Commission

Non-Standard Basis Of Insurance Claim Is Fair If Breach Has Occured From Both Parties: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the justification of an insurance claim on a non-standard basis is deemed fair when breaches have occurred from both parties.

Case Title: Kuljit Kaur Vs. Cholamandlam Ms. General Insurance Co. Ltd

Case Number: R.P. No. 925/2019

State Consumer Disputes Redressal Commission, Bihar

Consumer Forums Do Not Have Jurisdiction To Entertain Complaints Of Pending Electricity Bills Under Electricity Act, 2003: Bihar State Commission

The State Consumer Disputes Redressal Commission, Bihar bench of Miss Gita Verma (Judicial Member) and Md. Shamim Akhtar (Judicial Member) held that consumer forums cannot entertain complaints filed by a consumer or any person against the assessment made under Section 126 or action taken under Sections 135-140 of the Electricity Act, 2003

Case Title: Vijay Kumar vs Executive Engineer, Electricity and Anr.

Case No.: Appeal No. 218 of 2018

State Consumer Disputes Redressal Commission, Uttar Pradesh

Uttar Pradesh State Commission Holds LIC Liable For Wrongful Repudiation Of Valid Claim

The State Consumer Disputes Redressal Commission, Uttar Pradesh bench of Mr Sushil Kumar (Presiding Member) and Mrs Sudha Upadhyay (Member) held 'Life Insurance Corporation of India' (LIC) liable for wrongfully repudiating a genuine insurance claim based on the policyholder's failure to avail the accidental coverage after attaining majority by paying an additional amount. It was held that the policyholder passed away before the next due date of the premium instalment and therefore, the repudiation was unjustified.

Case Title: L.I.C. vs Smt. Shanti Singh

Case No.: First Appeal No. A/2005/177

Delhi State Commission

Consumer Complaints Must Be Lodged Within Two Years From Date Of Cause Of Action: Delhi State Commission

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki, dismissed a complaint against Oriental Insurance Ltd., citing the presence of a limitation clause. It was further held that consumer complaints are time-barred and need to be filed within two years from the date of the action unless sufficient reasons are present.

Case Title: M/S Dialmaz Vs. The Oriental Insurance Co. Ltd

Case Number: C.C. No. 295/2016

Additional District Consumer Disputes Redressal Commission-I, Bangalore (Karnataka)

Bangalore District Commission Holds Aditya Birla Finance Liable For Failure To Close Loan Account, Charge Late Fee

The Additional District Consumer Disputes Redressal Commission-I, Bangalore (Karnataka) bench of Sri B. Narayanappa (President), Smt. Jyothi N (Member) and Smt. Sharavathi S.M (Member) held 'Aditya Birla Finance' liable for deficiency in service for charging a late fee for a loan payment despite receiving the full amount and for its failure to close the loan account and provide resolution to the Complainant's grievances.

Case Title: Ganapati Bramha vs The Authorized Signatory, Aditya Birla Finance Ltd.

Case Number: Consumer Complaint No. 234/2023

District Consumer Disputes Redressal Commission-I, U.T. Chandigarh

Failure To Settle Claim After 1 Year Of Insured's Death, Chandigarh District Commission Holds LIC Liable

The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench of Pawanjit Singh (President) and Surjeet Kaur (Member) has held Life Insurance Corporation of India (LIC) liable for deficiency in services and unfair trade practices for failing to settle the claim even after one year of the insured's death and nine months after receiving the claim application.

Case Title: Master Naman and Ors. vs Life Insurance Corporation of India and Anr.

Case Number: CC/565/2023

Additional District Consumer Disputes Redressal Commission-I, Bangalore (Karnataka)

Bangalore District Commission Dismisses Complaint Against Apple Due To Lack Of Evidence Establishing Liability

The Additional District Consumer Disputes Redressal Commission-I, Bangalore (Karnataka) bench of B. Narayanappa(President), Jyothi N (Member) and Sharavathi S.M. (Member) dismissed a complaint against Apple Inc., noting that the Complainant failed to produce evidence such as tax invoice and warranty information.

Case Title: Muhammad Musharaf K vs Apple Inc.

Case Number: Consumer Complaint No. 301/2023

Additional District Consumer Disputes Redressal Commission-III, Bangalore Urban (Karnataka)

Bangalore District Commission Holds Union Bank Of India Liable For Failure To Refund Wrongfully Debited Money

The Additional District Consumer Disputes Redressal Commission-III, Bangalore Urban (Karnataka) bench of Shivarama K (President) and Rekha Sayannavar (Member) held Union Bank of India liable due to its failure to refund the money wrongfully debited from the complainant's bank account while attempting to withdraw from the bank's ATM.

Case Title: Sri. G. Puttaswamy vs The Manager, Union Bank of India

Case Number: Consumer Complaint No. 347/2023

District Consumer Disputes Redressal Commission-I, U.T. Chandigarh

Failure To Deliver Product, Process Refund Promptly, Chandigarh District Commission Holds Nykaa Liable

The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench of Pawanjit Singh (President) and Surjeet Kaur (Member) has held Nykaa liable for deficiency in service for failing to deliver the ordered product and only refunding the amount after one month of the order date.

Case Title: Diksha Negi vs Nykaa E-Retail Pvt. Ltd and Anr.

Case Number: CC/474/2023

Additional District Consumer Disputes Redressal Commission-I, Bangalore (Karnataka)

Bangalore District Commission Holds 'Make O Toothsi Skin Centre' Liable For Failure To Provide Adequate Laser Service

The Additional District Consumer Disputes Redressal Commission-I, Bangalore (Karnataka) bench of B. Narayanappa (President), Jyothi N (Member) and Sharavathi S.M. (Member) held 'Make O Toothsi Skin Centre' liable for deficiency in services and unfair trade practices due to its failure to provide adequate service and unnecessary delays in sessions despite receiving full payment.

Case Title: Nidhi Singh vs The Authorized Signatory, Make O Toothsi Skin

Case Number: Consumer Complaint No. 90/2024

Additional District Consumer Disputes Redressal Commission-I, Bangalore (Karnataka)

Bangalore District Commission Holds Nishitha's Developers Liable For Failure To Deliver Possession Of Flat, Register Sale Deed

The Additional District Consumer Disputes Redressal Commission-I, Bangalore (Karnataka) bench of B. Narayanappa (President), Jyothi N (Member) and Sharavathi S.M. (Member) held 'Nishitha's Developers' liable for deficiency in services for its failure to deliver possession of a flat and complete the sale transaction, despite receiving substantial payment from the buyer.

Case Title: Sri. R. Ramesh Babu vs M/s Nishitha's Developers and Anr.

Case Number: Consumer Complaint No. 77/2023

Ernakulam District Commission

Dealer Not Responsible For Manufacturing Defects: Ernakulam District Commission Holds Whirlpool India Liable For Deficiency In Service

The Ernakulam District Commission presided by Shri. D.B. Binu, Shri. V. Ramachandran and Smt. Sreevidhia T.N., held Whirlpool India liable for deficiency in service due to selling a product with a manufacturing defect and not taking action to rectify the defects upon complaining. However, the Commission dismissed the case against Bismi Connect, citing that dealers are not responsible for manufacturing defects.

Case Title: Raviprasad P.V. Vs. Whirlpool India Ltd.

Case Number: C.C. No. 22/80

Additional District Consumer Disputes Redressal Commission-II, Urban Bangalore (Karnataka)

Bangalore District Commission Holds Restaurant Liable For Damaging Customer's Car In Valet Parking

The Additional District Consumer Disputes Redressal Commission-II, Urban Bangalore (Karnataka) bench of Vijaykumar M. Pawale (President), V. Anuradha (Member) and Renukadevi Deshpande (Member) held a restaurant liable for deficiency in services due to the failure of its staff to drive a car properly for valet parking which resulted in damages to the vehicle.

Case Title: Mr Mukesh M. vs The General Manager, Street 1522

Case Number: Consumer Complaint No. 32 1/2023

District Consumer Disputes Redressal Commission, Ernakulam (Kerala)

Failure To Replace Defective Television, Provide Refund, Ernakulam District Commission Holds Amazon and Cloudtail Liable

The District Consumer Disputes Redressal Commission, Ernakulam (Kerala) bench of Shri DB Binu (President), Shri V. Ramachandran (Member) and Smt. Sreevidhia T.N. (Member) held Cloudtail India Pvt. Ltd. and Amazon liable for delivering a defective television and failing to replace it or provide a refund.

Case Title: Aneesh T.U. vs Cloudtail India Pvt. Ltd. and Anr.

Case No.: C.C No. 510/2018

Full View

Tags:    

Similar News