Consumer Cases
Kannur District Commission Holds Aditya Birla Health Insurance Co. Liable For Wrongful Repudiation Based On Unsubstantiated Pre-Existing Disease
The District Consumer Disputes Redressal Commission, Kannur (Kerala) bench of Ravi Susha (President), Molykutty Mathew (Member) and Sajeesh K.P. (Member) held Aditya Birla Health Insurance liable for deficiency in services due to its repudiation of a genuine claim without providing substantiating medical reports on alleged pre-existing conditions. Brief Facts: The Complainant...
Hisar District Commission Holds Xiaomi India, Its Authorized Service Centre Liable For Failure To Rectify Phone's Manufacturing Defects
The District Consumer Disputes Redressal Commission, Hisar (Haryana) bench of Jagdeep Singh (President), Rajni Goyat (Member) and Amita Agarwal (Member) held Xiaomi Technology India Pvt. Ltd. and its authorized service centre liable for negligence and unfair trade practices due to their failure to repair a smartphone with manufacturing defects. Brief Facts: The Complainant...
Vishakhapatnam District Commission Holds ICICI Prudential Liable For Wrongful Repudiation Of Death Claim
The District Consumer Disputes Redressal Commission-II, Visakhapatnam (Andhra Pradesh) bench of G Venkateswari (President), P Vijaya Durga (Member) and Karaka Ramana Babu (Member) held ICICI Prudential Life Insurance Company liable for deficiency in services for acting in bad faith while dismissing a genuine insurance claim and for taking an inconsistent stance throughout...
Tahsildar And District Collector Held Liable For Failure To Measure Property Despite Receiving Challan Payments Thrice: Vellore District Commission
The District Consumer Disputes Redressal Commission, Vellore (Tamil Nadu) bench of Meenakshi Sundaram (President) and Asghar Khan (Member) held the Tahsildar of Anaicut Taluk village and the District Collector of Sathuvachari District, Vellore, liable for deficiency in services for their failure to measure the property of the Complainant despite the Complainant paying necessary fees on...
Delivery Of Different Watch Instead Of Tommy Hilfiger, Udupi District Commission Holds Myntra And Titan Liable
The District Consumer Disputes Redressal Commission, Udupi (Karnataka) bench of Sunil T. Masaraddi (President) and Sujata B. Koralli (Member) held Myntra and Titan liable for deficiency in services for delivering a different branded watch instead of Tommy Hilfiger and subsequently failing to refund the money. Brief Facts: The Complainant ordered a Tommy Hilfiger Men Black Dial and...
Hisar District Commission Holds New India Assurance Co. Liable For Wrongful Repudiation Of Genuine Claim
The District Consumer Disputes Redressal Commission, Hisar (Haryana) bench of Jagdeep Singh (President), Rajni Goyat (Member) and Amita Agarwal (Member) held New India Assurance Company liable for wrongful repudiation of a genuine claim under Pandit Deen Dayal Upadhyayay Pashu Beema Yojna (Govt. of Haryana) due to a clerical error. Brief Facts: The Complainant, who runs...
Ambala District Commission Holds Air India Liable For Failure To Refund Booking Amount For Cancelled Flight Due To COVID-19
The District Consumer Disputes Redressal Commission, Ambala (Haryana) bench of Neena Sandhu (President) and Vinod Kumar Sharma (Member) held Air India liable for deficiency in services for its failure to refund the ticket price following the cancellation of flights due to the COVID-19 pandemic. Brief Facts: The Complainants planned a trip to Chicago, USA in May 2021. They booked...
MahaRERA Orders Builder To Apply For Extension, Complete Construction Of Project, And Hand Over Possession To Homebuyers
Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Ajoy Mehta (Chairperson), has directed the builder to apply for a Project extension, complete the construction, and hand over possession to the homebuyer. Background Facts The Complainant is a Cooperative Housing Society representing 44 homebuyers of the "MARVEL AQUANAS" project. They contend that...
Failure To Deliver Possession Constitutes Continuos Wrong Unless Delivery Is Refused: Delhi State Commission Dismisses Complaint Against Ansal Township Citing Limitation Period
The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Mr. J.P. Agrawal (member), dismissed a complaint against Ansal Township, citing it to be time-barred under Section 24A of the Consumer Protection Act. It further held that the failure to deliver possession constitutes an ongoing issue, permitting complaints until the point where possession is denied. Brief Facts...
Builder Can Only Forfeit 10% of Basic Sale Price In Case Of Breach Of Contract: NCDRC
The National Consumer Disputes Redressal Commission, presided by Dr. Sadhna Shanker, held that the amount forfeited due to a breach of contract should be fair and justifiable. In the instant case, the commission ruled that the builder can only forfeit 10% of the deposited amount and has to refund the remaining balance to the buyer. Brief Facts of the Case The complainant booked...
Purchasing Multiple Houses Does Not Automatically Imply Commercial Purpose: Delhi State Commission Holds TDI Infrastructure Liable For Deficiency In Service
The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki, held that the ownership of multiple houses does not inherently demonstrate commercial intent. It was further held that the responsibility to prove that a purchase was made for commercial purposes lies with the builder, necessitating the presentation of documentary evidence. Brief Facts of the Case...
Barnala District Commission Holds Havells, Its Retailer Liable For Failure To Repair AC Despite Warranty
The District Consumer Disputes Redressal Commission, Barnala (Punjab) bench of Naranjan Singh Gill (President) and Urmila Kumari (Member) held Havells and its retailer liable for deficiency in service for failure to repair an air conditioner despite it being under warranty. Brief Facts: The Complainant bought a new AC along with a stabilizer from New Jindal Enterprises...