Consumer Cases
Mere Ownership Of Multiple Properties Doesn't Imply Commercial Intent: Delhi State Commission Holds Omaxe Ltd. Liable For Deficiency In Service
The Delhi State Commission, presided by Justice Sangita Dhingra and Ms. Pinki (member), held Omaxe Ltd. liable for deficiency in service due to a delay in delivering possession of the flat to the buyer. It was further held that merely owning multiple properties does not necessarily indicate a commercial purpose on the buyer's part. Brief Facts of the Case The complainants booked a flat in the 'Royal Street' project by Oxame Ltd/builder. Despite timely payments totaling Rs....
Bihar State Commission Holds New India Assurance Co Liable For Wrongfully Repudiating Genuine Death Claim
The State Consumer Disputes Redressal Commission, Bihar bench of Justice Sanjay Kumar (President), Mr Raj Kumar Pandey (Member) and Mr Ram Prawesh Das held New India Assurance Company liable for wrongfully repudiating genuine death claim under the Personal Accident Life Insurance Scheme (PAIS) facilitated by the Madhya Pradesh Gramin Bank. Brief Facts: The Deceased had obtained a Kisan Credit Card (KCC) loan of Rs. 2,00,000/- from Madhya Bihar Gramin Bank (“Bank”). This loan was...
Customer Is Responsible For Losses Caused By Their Negligence : Ernakulam District Commission Dismisses Complaint Against State Bank Of India
The Ernakulam District Commission, presided by Shri. D.B. Binu, Shri. V. Ramachandran and Smt. Sreevidhia T.N., held that a customer is responsible for losses caused by their negligence, like sharing payment credentials, until they report the unauthorized transaction to the bank, after which the bank is responsible for subsequent losses. Brief Facts of the Case The complainant had an SBI account at the Cochin Shipyard Branch in Ernakulam, Kerala. After receiving a message to...
Liability Clauses Must Be Agreed Upon By Consumer: Ernakulam District Commission Holds DTDC Liable For Deficiency In Service And Unfair Trade Practices
The Ernakulam District Commission, presided by Shri. D.B. Binu, Shri. V. Ramachandran and Smt. Sreevidhia T.N., held DTDC liable for deficiency in service and unfair trade practice due to delivering a consignment to the wrong address and refusing relief, citing the presence of a liability clause. Brief Facts of the Case The complainant sent a courier containing eight certificates valued at Rs. 11,900 each, which were sent through the DTDC courier but was mistakenly delivered to a...
Agent's Role In Insurance Claim Is Limited To Forwarding Claim To Insurer: NCDRC
The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that an agent's liability in the insurance claim process is confined to the facilitation and forwarding of claims to the insurer. Once this role is fulfilled, they cannot be held liable for any deficiencies or delays in the claim settlement process, which are the insurer's responsibility. Brief Facts of the Case The complainant's deceased husband had purchased a Janata Personal Accident ...
Expert Opinion Or Government Inspection Required To Substantiate Manufacturing Defect Claim: NCDRC
The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that as per Section 13(1)(c) of the Consumer Protection Act, an expert opinion or government inspection is required to substantiate a manufacturing defect. Brief Facts of the Case The complainant purchased a radial drill machine from Emtex Machinery/manufacturer for Rs. 8,00,000 for professional use. The machine was installed but did not function properly from the beginning. Despite contacting...
Failure To Deliver Possession Of Flats, Central Delhi District Commission Holds Earth Infrastructures Limited Liable
The District Consumer Dispute Redressal Commission-VIII, Central Delhi bench of Inder Jeet Singh (President) and Rashmi Bansal (Member) held Earth Infrastructures Limited liable for deficiency in services for failure to deliver the possession of the flat despite receiving due consideration. Brief Facts: In June 2011, an advertisement for flats/studio apartments in the 'Earth Studios' residential project prompted initial interest from Complainant no.1. Following this, persistent...
Consumer Fora Possesses Discretionary Powers To Award Compensation: Delhi State Commission
The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki (Member), held that the consumer fora have the discretion to decide on compensation to ensure fairness and encourage better service practices. Brief Facts of the Case The complainant(deceased), an 82-year-old retired teacher, following an enlarged prostate diagnosis, underwent a TRUP procedure by the doctor at Indraprastha Apollo Hospital. The complainant argued that despite ongoing pain and...
Consumer Fora Needs To Adequately Examine A Surveyor's Report To Reject It: NCDRC
The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya, held that to reject a surveyor's report in an insurance claim, the commission must adequately examine the report. Brief Facts of the Case The complainant obtained a Standard Fire and Special Perils Policy from Oriental Insurance Company Limited/insurer, covering Plant & Machinery, Furniture & Fixtures, and Electrical Installations. A fire due to an electrical short circuit occurred,...
Courts Must Favour Complainant In Case Of Presence Of Two Interpretations Of Same Clause: Ernakulam District Commission
The Ernakulam District Commission, presided by Shri. D.B. Binu, Shri. V. Ramachandran and Smt. Sreevidhia T.N., held Star Health & Allied Insurance liable for deficiency in service and unfair trade practice. It was held that coverage clauses should be interpreted broadly, and any ambiguities should be settled in favor of the insured. Brief Facts of the Case The complainant had a health insurance policy from Star Health & Allied Insurance/insurer, covering Rs. 2,00,000....
Insurance Company Can't Harass Insured By Demanding Unnecessary Documents, Chandigarh District Commission Holds TATA AIG General Health Liable
The District Consumer Disputes Redressal Commission-II, U.T. Chandigarh bench of Amrinder Singh Sidhu and B. M. Sharma held the insured cannot be harassed by the insurance company by demanding unnecessary documents which are not in their possession. The bench held TATA AIG General Health Insurance Company Ltd liable for unjustly and unlawfully repudiating a claim made under...
Bank's Involvement Limited To Providing Finance, No Deficiency Proved: West Bengal State Commission Allows Appeal By Canara Bank
The State Consumer Disputes Redressal Commission, Siliguri Circuit Bench, West Bengal bench comprising Mr Kundan Kumar Kumai (Presiding Member) and Mr Swapan Kumar Das (Member) allowed an appeal filed by Canara Bank based on lack of deficiency in service on its part while acting as the financer for the Complainant's motorcycle which was stolen. The State Commission observed...