CONSUMER CASES WEEKLY ROUND UP: DECEMBER 9 – DECEMBER 15

National Consumer Disputes Redressal Commission Purchases For Earning Livelihood Qualify As Commercial Purposes If Operated Solely By Others: NCDRC Case Title: M/S. Nitesh Colour Lab Vs. M/S. Jindal Photo Film Ltd. & 5 Ors Case Number: F.A. No. 642/2017 The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that purchases for earning...

Inordinate Delay Of More Than 10 Years, Haryana RERA Directs Ansal Builders To Refund 1.07 Crores To Homebuyer

Haryana Real Estate Regulatory Authority (Authority) bench comprising Ashok Sangwan (Member) has directed M/s Ansal Housing and Constructions Limited to refund Rs. 1.07 crores with 11.10% interest to the homebuyer after facing an inordinate delay of more than 10 years in receiving possession of the flat. Initially, the homebuyer was allotted a flat in 2013. Due to delays the...

Doctor Not Liable For Negligence If Chosen Treatment Recognized As Sound Medical Practice: NCDRC

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that doctors are not liable for medical negligence if the disputed treatment is recognized as sound medical practice. Brief Facts of the Case The complainant experienced mild swelling in her right eye and sought treatment from a doctor/op 1, who referred her to a specialist/op 2....

Haryana State Commission Holds Ansal Properties Liable For Delay In Possession, Orders Refund And Compensation

The State Consumer Disputes Redressal Commission, Haryana presided by Justice T.P.S Mann (President), Mr. S. P. Sood (Judicial Member) and Ms. Manjula (Member) held Ansal Properties & Infrastructure Limited liable for delay in possession of residential plot for several years. Further, the commission ordered refund and compensation for deficiency...

Unsolicited Calls Causing Annoyance Invade Privacy And Require Regulatory Action: Ernakulam District Commission

The Ernakulam District Commission, presided by Shri. D.B. Binu, Shri. V. Ramachandran and Smt. Sreevidhia T.N., in a complaint against Bajaj Finserv held that persistent calls despite requests to stop, constitute harassment and is an unfair trade practice under the Consumer Protection Act. Brief Facts of the Case The complainant filed an application under Section 38(8) of the...

Insurance Policies Must Be Read Holistically: NCDRC Holds LIC Liable For Deficiency In Service

The National Consumer Disputes Redressal Commission, presided by Justice A.P. Sahi and Dr. Inder Jit Singh held that insurance policies should be read inclusively to meet the reasonable expectations of the insured. Brief Facts of the Case The complainant's deceased son had a life insurance policy from Life Insurance Corporation/insurer. It was a money-back policy for 20 years with...

Failure To Complete Construction On Time, Ernakulam District Commission Holds Builder Liable

The Ernakulam District Commission, presided by Shri. D.B. Binu, Shri. V. Ramachandran and Smt. Sreevidhia T.N., in a complaint against Thodiyil Builders held that delays in handing over the possession and evidence of substandard work amounts to deficiency in service Brief Facts of the Case The complainants engaged the builder to construct a residential house for Rs....

Uneven Wear And Tear In The Vehicle Is 'Deficiency In Service': Thrissur District Commission Holds Manufacturer And Dealer Liable

Thrissur District Consumer Disputes Redressal Commission has held the manufacturer Piaggio vehicle pvt ltd and dealer Avaran associates liable for uneven wear and tear in a Vespa VX 125 Scooter and consequent failure to repair the same. A bench presided by Member Sri. Ram Mohan R. observed that the said defect is a neglect of consumer rights by the company and thus granted compensation...

NCDRC Cannot Act As An Appellate Court To Re-Examine Facts

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that the NCDRC's revisional jurisdiction is limited in nature and it cannot act as an appellate body. Brief Facts of the Case The complainant purchased a plot from a third party(original allottee), proprietor of M/s Prachi Trade Line, through a registered sale deed. Before finalizing,...

Completed Wrong With Ongoing Effects Does Not Constitute Continuing Wrong: NCDRC Dismisses Petition Against ICICI

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra dismissed a petition against ICICI barred by limitation and held that a completed wrong becomes a continuing wrong only when the breach of duty persists Brief Facts of the Case The complainants availed two housing loans from the bank. Subsequently, the bank increased EMI and interest rates on both...

NCDRC Upholds The Sacrosanct Nature Of Procedural Timeline Of 45 Days For Filing Written Statement

The National Consumer Disputes Redressal Commission bench presided by Dr. Inder Jit Singh has underscored the importance of procedural timeline given under the Consumer Protection Act for filing of written statement. The bench observed that the initial timeline of 30 days with extension of another 15 days must be adhered to in all respects. It held that a litigant cannot be allowed even a single day beyond the 45th day for filing the written statement. Brief background: Authorised ...

Insurance Claims Cannot Be Denied For Pre-Existing Ailments Without Prior Medical Tests: Delhi State Commission

The Delhi State Commission has held that denial of insurance claim on the ground of pre-existing ailments is unjustified where no medical tests were conducted before issuing the policy. A bench of Justice Sangita Dhingra Sehgal and Judicial Member Pinki has observed that common lifestyle diseases such as diabetes and hypertension cannot be treated as...