Consumer Cases
New Delhi District Commission Holds Air India Liable For Failure To Notify Flight Cancellation And Loss Of Check-In Baggage
The District Consumer Disputes Redressal Commission-VI, New Delhi bench of Poonam Chaudhry (President), Bariq Ahmad (Member) and Shekhar Chandra (Member) has held Air India liable for deficiency in services for significant inconvenience caused to the Complainant due to the cancellation of a flight and the subsequent loss of baggage. Brief Facts: The Complainant, along with her...
Arbitration Clause In Buyer's Agreement Does Not Bar Jurisdiction Of Consumer Fora: NCDRC
The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the Consumer Protection Act is supplementary to the existing legislations and the presence of an arbitration clause in a buyer's agreement does not bar the jurisdiction of the consumer fora. Brief Facts of the Case The complainant, who owns a property in Bangalore, entered into a...
Entitlement To Plot Allotment Under Government Policies Does Not Constitute Consumer Transaction: NCDRC
The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the act of being entitled to plot allotment under government policies, rather than engaging in transactions for personal goods or services, falls outside the scope of the Consumer Protection Act. Furthermore, the related disputes do not qualify as a deficiency in service. Brief Facts of the Case...
Disclosure Of Bank Statement To Estranged Husband, Southwest Delhi Commission Holds Vijaya Bank Liable
The District Consumer Disputes Redressal Commission-VII, Southwest Delhi bench of Suresh Kumar Gupta (President), Harshali Kaur (Member) and Ramesh Chand Yadav (Member) held Vijaya Bank liable for deficiency in service and breach of trust for disclosing the Complainant's bank statements to her husband. The bench noted that there was a strained relationship between the Complainant and...
Failure To Resolve Credit Issue Within Promised Deadline, Ernakulam District Commission Holds Myntra Liable
The District Consumer Disputes Redressal Commission, Ernakulam (Kerala) bench comprising Shri D.B. Binu (President), Shri V. Ramachandran (Member) and Smt. Sreevidhia T.N. (Member) held Myntra liable for deficiency in service for failure to resolve the issue with the Complainant's credit points within the promised deadline. Brief Facts: The Complainant credited Rs. 5,000/- to...
Collecting Transfer Charges From Subsequent Purchaser Constitutes As Deficiency In Service: NCDRC
The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that a developer requiring the buyer to pay transfer charges for a property where the developer no longer has any interest constitutes an unfair trade practice. Brief Facts of the Case The complainant is a purchaser from the original allottee who initially booked a flat in...
Builder Fails To Deliver Flat In Time, Karnataka RERA Orders Refund To Homebuyer
Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N Raju (Member), has directed the builder to refund the amount paid by the homebuyer for a flat, as the builder failed to deliver possession as promised for the year 2021. Background Facts The homebuyers (Complainants) booked a flat in the builder's (Respondent no 1) project named Shriram Greenfield...
State Commission's Unilateral Alteration Of District Forum Order Is A Material Irregularity: NCDRC
The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that the State Commission cannot suggestively alter a District Forum's well-reasoned order unilaterally without the complainant's consent Brief Facts of the Case The complainant paid Rs. 12,000 in cash and Rs. 41,392 by cheque for a tour package from Aryan Travel Point/Travel Agency....
Rajasthan RERA Directs Builders To Submit Detailed Architectural Drawings And Open Separate Bank Accounts
Rajasthan Real Estate Regulatory Authority (Authority) has directed builders/promoters to submit architectural drawings while applying for a Completion Certificate/Occupancy Certificate and to open three separate bank accounts. These directives are based on decisions made during the Authority's 18th meeting held on June 7th. The directive requires promoters to submit...
Introducing Additional Document During Revision Stage Permitted If Material In Nature: NCDRC
The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the introduction of additional documents during the revision stage is permitted if the said documents are material in nature. Brief Facts of the Case The complainant, an NRI doctor who had returned to India in 1990, received a British Government pension in Great Britain Pounds(GBP)...
Delay In Delivery Of Flat, Continuing Grounds For Legal Action: NCDRC Holds Emaar MGF Land Liable
The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker (member), held that the failure to deliver possession of a flat on the agreed timeline does not constitute a one-time breach but rather an ongoing violation that continues with each passing day. As such, it represents a continuing cause of action that allows the buyer to pursue...
Patient's Death : NCDRC Holds Max Super Speciality Hospital Liable For Medical Negligence
The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker (member), held Max Super Speciality Hospital liable for deficiency in service due to negligently attributing to the death of a patient. It was further held that to prove legal liability, it must be demonstrated that the doctor failed to meet the standard of care reasonably expected...