Financier Can't Claim Insurance Over Theft Of Vehicle Surrendered By Insured Owner : Supreme Court

The Supreme Court has held that a mere surrender of an insured vehicle by its owner to another person, who had financed the purchase of a vehicle, would not be sufficient for the financer to claim indemnification in the event of loss or theft of a vehicle. A bench of Justice Sandeep Mehta and Justice Vijay Bishnoi refused to interfere with the National Consumer Disputes Redressal Commission's findings, which had ruled in favour of the insurance companies, acknowledging that there was no privity...

Consumer Forum's Jurisdiction Not Ousted By Mere Existence Of Arbitration Clause : Supreme Court

The Supreme Court recently held that the mere existence of an arbitration clause in an agreement would not preclude the consumer forum from adjudicating the dispute on merit. “…an arbitration clause does not, by itself, oust the jurisdiction of the consumer forum.”, observed a bench of Justice Vikram Nath and Justice V. Mohana, while setting aside the concurrent findings of the...

Country Holidays Travel Ordered To Refund Membership Fee After Failing To Provide Hotel Bookings Under Holiday Package

The District Consumer Disputes Redressal Commission, South-II, Delhi, comprising Monika Aggarwal Srivastava (President) and Ritu Garodia (Member), held Country Holidays Travel India Pvt. Ltd. guilty of deficiency in service for failing to provide hotel bookings under a holiday membership package despite the complainant's attempts to avail the membership benefits. The Commission directed...

Homebuyers Who Default In Payments Cannot Challenge Allotment Cancellation As Unfair Trade Practice; Entitled Only To Refund With Interest: NCDRC

The National Consumer Disputes Redressal Commission (NCDRC), comprising Justice A.P. Sahi, President, and Bharatkumar Pandya, Member, held that homebuyers who default in making payments cannot challenge cancellation of allotment as an unfair trade practice. Finding that the complainants had failed to adhere to the agreed payment schedule, the Commission declined to restore the allotments...

Chit Fund Company Liable For Improper Passbook Entries, Thrissur Consumer Commission Directs Refund Of ₹1.99 Lakh

The Consumer Disputes Redressal Commission, Thrissur, comprising C.T. Sabu (President), Sreeja S. (Member) and Ram Mohan R. (Member), partly allowed a consumer complaint against Dhana Kendra Kuries & Loans (P) Ltd., holding that although the complainant was not entitled to the prized chit amount for failing to prove readiness to furnish sufficient security, the chit fund company...

Kaithal Consumer Commission Holds ICICI Bank Liable For Arbitrarily Imposing Lien On Customer's Savings Account Without Due Process

The District Consumer Disputes Redressal Commission, Kaithal, comprising Smt. Neelam Kashyap (President), Smt. Harisha Mehta (Member) and Shri Sunil Mohan Trikha (Member), has held ICICI Bank liable for deficiency in service and unfair trade practice for arbitrarily imposing a lien on the complainant's savings account without following due procedure and without producing any material...

Delhi Consumer Commission Holds Deccan Clap Liable For Deficiency In Service And Unilateral Revision Of Estimates

The District Consumer Disputes Redressal Commission-I (North District), comprising Divya Jyoti Jaipuriar (President) and Ashwani Kumar Mehta (Member), has held M/s Deccan Clap-India Pvt. Ltd. and its agents liable for deficiency in service and unfair trade practices for failing to complete painting and polishing work within the stipulated time and for repeatedly revising project estimates...

PNB Housing Finance Liable For Delaying Loan Foreclosure Statement, Cannot Charge Interest For Delay Caused By Itself: Thrissur Consumer Commission

The District Consumer Disputes Redressal Commission, Thrissur, comprising Sri C.T. Sabu (President), Smt. Sreeja S. (Member) and Sri Ram Mohan R. (Member), has held PNB Housing Finance Ltd. liable for deficiency in service for unjustifiably delaying the issuance of a loan pre-closure statement and thereafter charging interest for the period of delay caused by its own conduct. Brief Facts...

Delhi District Commission Holds MG Motors Liable For Manufacturing Defects And Failure To Honour Warranty Repairs

The District Consumer Disputes Redressal Commission-I (North District), comprising Divya Jyoti Jaipuriar (President) and Ashwani Kumar Mehta (Member), has held M/s MG Motors India Pvt. Ltd. liable for deficiency in service for manufacturing defects in the vehicle and failure to provide free warranty repairs. The Commission partly allowed the complaint and directed the manufacturer to refund...

'Misleading Ad' Case: NCDRC Stays District Commission Proceedings Over Forensic Examination Of Actor Salman Khan's Signatures

In temporary respite for Bollywood actor Salman Khan, the National Consumer Disputes Redressal Commission (NCDRC) on Wednesday (June 10) stayed the proceedings initiated against him in a case related to "misleading" Pan Masala advertisement, regarding genuineness of his signatures. The NCDRC coram comprising of Justice (retd) AP Sahi, President and Member Bharatkumar Pandya stayed the...

NCDRC Refuses To Condon 179-Day Delay In Filing Appeal, Says Appellant Failed To Show Sufficient Cause

The National Consumer Disputes Redressal Commission (NCDRC), comprising AVM J. Rajendra (Retd.), Presiding Member, and Justice Anoop Kumar Mendiratta, Member, refused to condone a delay of 179 days in filing an appeal by a commercial unit allottee against a builder, holding that the reasons cited, including age, financial hardship, legal consultations and collection of documents, did...

Creditors Can Recover Deposits From Co-operative Societies By Invoking Consumer Protection Act: Kerala High Court

The Kerala High Court recently clarified that the creditors of a co-operative society can recover the amounts deposited by invoking Consumer Protection Act, 2019.The Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K. observed that the provisions of the Co-operative Societies Act, 1986 do not take away the rights of creditors to invoke the Consumer Protection Act...