Consumer Cases Weekly Round-Up: 4th December 2023 - 10th December, 2023

Delay In Construction And Delivery Of Flat, NCDRC Directs DK Reality To Refund Amount With Interest

Case Title: Amresh Pednekar vs. D.K. Realty (India) Pvt. Ltd.

The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Ram Maurya along with Dr. Inder Jit Singh as a member, partly allowed a consumer complaint against D.K. Realty India Pvt. Ltd. (Opposite Party) for the delay in construction of a housing project named "Livsmart." The main contention was based on the delay in delivering the flat as per the agreed timeline and subsequent failure to respond to the complainant's requests for cancellation and refund. As a result, the Commission held D.K. Reality liable, directing them to refund the entire amount deposited along with 9% interest per annum.

Dancing Swing Ride Accident, NCDRC Directs Rizvana Amusement Co. To Pay Rs. 35 Lakhs to Complainant

Case Title: Abhimanyu Singh vs Rizvana Amusement and 2 others

The National Consumer Disputes Redressal Commission (NCDRC) bench led by Justice A.P. Sahi (President) held Rizvana Amusement, an amusement swing operator liable for deficiency in service due to an accident on a 'Dancing Chairs' swing which caused serious injury to the Complainant. The NCDRC awarded Rs. 25,00,000/- as pecuniary compensation and Rs.10,00,000/- as non-pecuniary compensation to the Complainant.

Bihar State Consumer Disputes Redressal Commission

Bihar State Commission Awards Additional Remedies to Passengers Robbed And Stabbed On Train, Railways Liable For Failure To Protect Lives Of Passengers

Case Title: The Chairman, Railway Board and others vs Premshila Devi and others.

The Bihar State Consumer Disputes Redressal Commission bench comprising Mr Justice Sanjay Kumar (President), Mr Ram Prawesh Das (Member) and Md Shamim Akhtar (Member) held the Railways Board, East-Central Railways and the Divisional Rail Manager of the Samastipur Division liable for failure to protect the lives of the passengers. The passengers were robbed, hit and stabbed when the train was going to Motihari station. The State Commission upheld its jurisdiction and held that consumer commissions can grant additional remedies even when certain remedies have already been granted under the Railways Act.

Bihar State Consumer Disputes Redressal Commission

Denial Of Insurance Claim, Bihar State Commission Dismisses Appeal By Reliance Nippon Life Insurance

Case Title: Reliance Nippon Life Insurance Co. Ltd. vs Gharohari Devi

The State Consumer Disputes Redressal Commission, Bihar bench comprising Mr Justice Sanjay Kumar (President), Mr Ram Prawesh Das (Member) and Shamim Akhtar (Member) dismissed an appeal filed by Reliance Nippon Life Insurance Company which contended misrepresentation of age on the policy holder's part while availing the policy. The State Commission held that the Insurance Company failed to discharge its burden of proof in light of the fact that the company's advisor himself filled out the proposal form after verifying the policyholder's age.

State Consumer Disputes Redressal Commission, Uttarakhand

District Commission Proceedings Mandatorily Require Presence Of President, Uttarakhand State Commission Nullifies Order

Case Title: Hemvati Nandan Bahuguna Garhwal University vs Sh. Sudhanshu Sain and Anr.

The State Consumer Disputes Redressal Commission, Uttarakhand bench, comprising Mr Justice D.S. Tripathi (President) and Mr B.S. Manral (Member), allowed an appeal against the impugned order of the District Commission, Haridwar, on the grounds of procedural irregularity. The State Commission held that the Consumer Protection Act requires the President of the District Commission to be present in each proceeding along with at least one member. Since the impugned order was decided by a bench solely comprising members of the District Commission, it was nullified, and the matter was remanded back to the District Commission for a fresh hearing.

Consumer Disputes Redressal Commission at Ernakulam

Issuance Of Poorly Printed Bills on Low-Quality Paper With Inferior Ink Is 'Unfair Trade Practice': Ernakulam District Commission

Case Title: M.S. Sajeev Kumar v. Hewlet-Packard Global Soft PVT Ltd. & Ors.

The Consumer Disputes Redressal Commission at Ernakulam recently held that the issuance of poorly printed bills on low-quality paper or with inferior ink amounts to 'deficiency of service' or 'unfair trade practice'. The Bench comprising President D.B. Binu, and Members V. Ramachandran and Sreevidhia T.N. relied upon the decision in Tata Chemicals Ltd. vs Skypak Couriers Pvt. Ltd. (2001), which laid down that the inclusion of terms and conditions and other particulars in bills is crucial for ensuring consumers' rights to be informed about the prices of products or services they purchase or hire.

District Consumer Disputes Redressal Commission, Gurgaon (Haryana)

Unilateral Cancellation Of Ticket And Denial Of Refund, Gurgaon District Commission Holds Yatra Online And British Airways Liable

Case Title: Parminder Oberoi vs Yatra Online Pvt. Ltd. and Anr.

The District Consumer Disputes Redressal Commission, Gurgaon (Haryana) bench comprising Shri Sanjeev Jindal (President), Ms Jyoti Siwach (Member) and Ms Khushwinder Kaur (Member) held Yatra Online and British Airways liable for unilateral cancellation of the Complainant's ticket and subsequent denial for adequate refund or resolution for over 2 years. The District Commission asked them to refund the Complainant's ticket amount, and pay Rs. 50,000/- compensation for mental agony, Rs. 50,000/- deterrent compensation and Rs. 33,000/- legal costs.

District Consumer Disputes Redressal Commission, Gurgaon (Haryana)

Issuance Of Unsolicited ATM Cards And Failure to Avoid Fraudulent Transactions, Gurgaon District Commission Holds SBI Liable for Deficiency In Service

Case Title: Virender Singh Yadav vs State Bank of India and others.

The District Consumer Disputes Redressal Commission, Gurgaon (Haryana) bench comprising Shri Sanjeev Jindal (President), Ms Jyoti Siwach (Member) and Ms Khushwinder Kaur (Member) held State Bank of India liable for deficiency in service for its failure to ensure the safety of the Complainant's debit card and bank account. SBI issued 2 unsolicited ATM cards within a short time, which violated the RBI guidelines. Further, it failed to avoid fraudulent transactions from the Complainant's account.

District Consumer Disputes Redressal Commission, Gurgaon (Haryana)

Mock Drill For Child Abduction, Harassment To New Born's Family, Gurgaon Commission Orders Cloud Nine Hospital To Pay 2 Lakh Compensation

Case Title: Vishal Yadav vs Cloud Nine Hospital

The District Consumer Disputes Redressal Commission, Gurgaon (Haryana) bench comprising Shri Sanjeev Jindal (President), Ms Jyoti Siwach (Member) and Ms Khushwinder Kaur (Member) held Cloud Nine Hospital liable for conducting a mock-drill for child abduction soon after the baby was born, without informing the family. The hospital staff further failed to inform the gender of the child for 30 minutes while the family stayed in a perplexed situation due to the sudden mock drill.

Consumer Disputes Redressal Commission at Ernakulam

Installation Of Inferior Quality Football Turf Despite Paying Full Amount For Superior Turf An Unfair Trade Practice: Kerala Consumer Commission

Case Title: Santhosh M.S. v. Manager, Sports Terrain

The Consumer Disputes Redressal Commission at Ernakulam recently held that repeated installation of inferior quality football turf despite payment of the full amount for installing a superior quality turf, would constitute unfair trade practice under the Consumer Protection Act. The Bench comprising President D.B. Binu, and Members V. Ramachandran and Sreevidhia T.N. held that the failure of the supplier to provide FIFA standard 'LIMONTA' brand artificial turf despite accepting full payment for the same, amounted to a clear deficiency in service, and consequently awarded Rs. 1,14,700/- as compensation to the complainant.

District Consumer Disputes Redressal Commission at Ernakulam

Bank Allowing Unauthorized Transaction Exceeding Account Holder's Credit Limit Constitutes Deficiency In Service: Kerala Consumer Commission

Case Title: Aliyar T.M. v. M/S SBI Cards & Payment Services Ltd.

The District Consumer Disputes Redressal Commission at Ernakulam recently held that unauthorized transactions exceeding the credit limit of an account holder, particularly when such a person did not opt for over-the-limit transaction, would constitute a deficiency of service. The Bench comprising President D.B. Binu, and Members V. Ramachandran, and Sreevidhia T.N. relied upon the decision in State Bank of India v. P.V.George (2019) which laid down the duty of care banks have in protecting the interests of the customer, including safeguarding them from unauthorized transactions.

District Consumer Disputes Redressal Commission at Ernakulam

Coaching Institutes Should Not Have Right To Retain Fees Of Students Who Leave Course Midway: Kerala Consumer Commission

Case Title: Zeba Salim v. M/S VLCC Health Care Ltd. & Anr.

The District Consumer Disputes Redressal Commission at Ernakulam recently ordered a refund of fees to a student who had enrolled in courses offered by VLCC Institute, Kochi, but subsequently got cancelled due to failure on the part of the institute to offer timely classes, even through online mode. The Bench comprising President D.B. Binu, Members V. Ramachandran, and Sreevidhia T.N., underscored the importance of protecting consumers in the education sector, by ensuring refund of fees to students who choose to leave a course midway.

District Consumer Disputes Redressal Commission-I, U.T. Chandigarh

Chandigarh District Commission Holds MakeMyTrip, Essence Retreat Hotel and OYO Rooms Liable for Arbitrary Hotel Cancellation, Orders Compensation

Case Title: Vineet Marwaha vs. Make My Trip (India) Pvt. Ltd. & Ors.

The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh, presided by Mr. Pawanjit Singh along with Ms. Surjeet Kaur and Mr. Suresh Kumar Sardana as members, recently allowed a consumer complaint against MakeMyTrip (Opposite Party No. 1). The complainant had booked a hotel through Goibibo (Opposite Party No. 2), for a family vacation. However, just before the journey, they were informed of the hotel's unavailability, leading to cancellation and a refund. The commission found that despite the cancellation claim due to the hotel being non-operational, the same rooms were available online at significantly higher rates. Thereby the commission concluded that the cancellation was arbitrary and caused immense mental harassment to the complainant. As a result, MakeMyTrip was held responsible for causing mental agony and harassment to the complainant and directed to pay compensation of Rs.35,000/- and litigation costs of Rs.7000/-.

District Consumer Disputes Redressal Commission, Bangalore (Urban)

Bangalore District Commission Finds Hotel Liable For Deficiency In Service For Selling Chicken Biriyani Without Any Chicken Pieces

Case Title: Krishnappa N. vs. Owner, Hotel Prashanth

The District Consumer Disputes Redressal Commission, Bangalore (Urban) has held a hotel liable for deficiency in service for serving only biriyani without any pieces of chicken to a customer who had ordered Chicken Biryani. The commission presided over by President M. Shobha P, partly allowed the complaint and directed the owner of the hotel to refund Rs 150 paid towards the amount paid for the Chicken Biryani and Rs.1,000/- as compensation within 30 days from the order.

Ernakulam District Consumer Disputes Redressal Commission

Kerala Consumer Commission Orders ₹1.05 Lakh Compensation For Delivery Of 2017 Model Honda Motorcycle To Customer Who Bought 2018 Model

Case Title: Aravind G. John v. M/S Arya Bhangy Motors

The Ernakulam District Consumer Disputes Redressal Commission recently held M/S Arya Bhangy Motors liable for deficiency in service and unfair trade practice for providing a 2017 model Honda Unicorn motorcycle with bent chassis and instability to a customer who had specifically requested the 2018 model. The Bench comprising President D.B. Binu and Members V. Ramachandran and Sreevidhia T.N. ordered the dealer to pay a compensation of Rs. 1,05,660/- to the complainant for the 'significant service deficiency' as a result of which the latter endured considerable inconvenience and hardship.

Bangalore Urban-II Additional District Consumer Disputes Redressal Commission (Karnataka)

Bangalore District Commission Holds Reliance Retail Liable For Cancelling Scheduled Return Of Wrongly Delivered Product, Orders Refund & Compensation

Case Title: Jeevan Kumar vs Reliance Retail Limited

The Bangalore Urban-II Additional District Consumer Disputes Redressal Commission (Karnataka) bench comprising Sri Vijaykumar M. Pawale (President), Sri B. Devaraju (Member) and Smt. V. Anuradha (Member) held Reliance Retail Limited liable for deficiency in service for cancelling the return request of the wrong product after it voluntarily acknowledged its fault and agreed to schedule a return as soon as possible.

District Consumer Disputes Redressal Commission-I, U.T. Chandigarh

Chandigarh District Commission Holds AJIO And Reliance Retail Liable For Charging More Than The Product's MRP

Case Title: Deepika Bhardwaj vs Ajio and Anr.

The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench comprising Shri Pawanjit Singh (President), Mrs Surjeet Kaur (Member) and Shri Suresh Kumar Sardana (Member) held Reliance Retail Limited and its lifestyle brand, AJIO liable for deficiency in service and unfair trade practices for selling and delivering a laptop briefcase over its original MRP.

District Consumer Disputes Redressal Commission, Shimla (Himachal Pradesh)

Shimla District Commission Holds MakeMyTrip And Its Relationship Manager Liable For Retention Of Amount Of A Cancelled Trip Due To Covid-19

Case Title: Vatsal Agarwal vs Make My Trip India and Others

The District Consumer Disputes Redressal Commission, Shimla (Himachal Pradesh) bench comprising Dr. Baldev Singh (President) and Ms Yogita Dutta (Mmeber) held MakeMyTrip India Pvt. Ltd. and its Relationship Manager liable for unfair trade practice and deficiency in service for their failure to refund the entire amount of a booked trip which was cancelled due to the Covid-19 pandemic. The District Commission noted that a resolution was reached and a refund was initiated only after the filing of the complaint. Therefore, MakeMyTrip was directed to pay compensation and litigation costs to the Complainant.

District Consumer Disputes Redressal Commission, Rohtak (Haryana)

Negligently Processed Refund In A Third-Party's Account, Rohtak District Commission Holds Snapdeal Liable For Deficiency In Service

Case Title: Krishan Rohilla vs Snapdeal

The District Consumer Disputes Redressal Commission, Rohtak (Haryana) bench comprising Nagender Singh Kadian (President), Mrs Tripti Pannu (Member) and Sh. Vijender Singh (Mmeber) held Snapdeal liable for deficiency in service for their failure to refund the purchase amount of a returned product in the designated account. The District Commission noted that Snapdeal negligently processed the refund to a 3rd-party's account, due to which the original Complainant had to suffer.

District Consumer Disputes Redressal Commission, Ernakulam (Kerala)

Failure To Provide Essential Spare Parts, Coercing For Replacement, Ernakulam District Commission Holds Samsung Electronics Liable For Restrictive Trade Practice

Case Title: Cdr. Keerthi M. Kuriens vs The Manager, Samsung India Electronics Pvt. Ltd. and Anr.

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 Samsung India Electronics Private Limited liable for unfair trade practices for its failure to provide spare parts of its products in the market, thereby carrying a restrictive trade practice and indirectly coercing the customers to buy new products instead of repairing the existing products.

District Consumer Disputes Redressal Commission-I, Hyderabad (Telangana)

Hyderabad District Commission Holds Amazon And 3rd-Party Seller For Delivery Of Wrong Product And Failure To Return

Case Title: Dr. Ponna Srinivas vs Amazon Hyderabad and Anr.

The District Consumer Disputes Redressal Commission-I, Hyderabad (Telangana) bench comprising Mrs B. Uma Venkata Subba Lakshmi (President), Mrs C. Lakshmi Prasanna (Member) and Mr B. Raja Reddy (Member) held Amazon and Appario Retail Private Limited, a listed 3rd-party seller liable for delivery and subsequent failure to return a smartwatch. The District Commission held that Amazon's role as an intermediary does not absolve it of liability. Further, even the seller was held liable as it sent a pink coloured watch, instead of a sandy cream colour, as advertised.

South Mumbai District Consumer Disputes Redressal Commission (Maharashtra)

South Mumbai District Commission Holds Blinkit Liable For Failure To Refund Price For Undelivered Grocery Item

Case Title: Kalpanashantilal Shah Vs Grofers India Pvt. Ltd. (Blinkit).

The South Mumbai District Consumer Disputes Redressal Commission (Maharashtra) bench comprising Shri Pradeep G. Kadu (President), Smt. S.A. Petkar (Member) and Smt. G.M. Kapse (Member) held Blinkit liable for failure to refund the cost price of an undelivered grocery item. The District Commission directed Blinkit to refund the amount, and pay Rs. 5000/- as compensation and Rs. 3,000/- as litigation costs to the Complainant.

District Consumer Disputes Redressal Commission, Ernakulam (Kerala)

The Late Arrival of Trains Without Justifiable Reasons Places Liability On The Railway Authorities: Ernakulam District Commission

Case Title: Karthik Mohan v. Ministry of Indian Railways

The District Consumer Disputes Redressal Commission, Ernakulam (Kerala) bench comprising Mr. D.B. Binu (President), Mr. Ramachandran (Member) and Mrs. Sreevidhia T.N. (Member) stated that the passengers have the right to timely and quality services and shouldn't be subject to the whims of the administration. It was further asserted that the Railways must provide valid reasons for any significant delays due to unforeseeable circumstances. The Judgment reaffirmed that passengers' time is invaluable, and they deserve compensation for undue delays unless the Railways can prove a justifiable cause.

District Consumer Disputes Redressal Commission-I, Hyderabad (Telangana)

Hyderabad Commission Holds Ola Electric Tech. Liable For Failure To Deliver Scooter Of The Same Colour As Requested

Case Title: Srikala Yenigalla vs OLA Electric Technologies Private Limited

The District Consumer Disputes Redressal Commission-I, Hyderabad (Telangana) bench comprising Mrs B. Uma Venkata Subba Lakshmi (President), Mrs C. Lakhsmi Prasanna (Member) and Mr B. Raja Reddy (Member) held Ola Electric Technologies Private Limited liable for delivering a wrong-coloured scooter twice to the Complainant. Despite several attempts at communication and resolution, Ola failed to deliver the colour originally requested by the Complainant.

District Consumer Disputes Redressal Commission, Ernakulam (Kerala)

Non-Appearance In The Proceedings, Despite Acknowledging The Legal Notice, Is An Admission Of The Allegations: Ernakulam District Commission

Case Title: Captain [Indian Navy] K.K Nair & Anr. V. M/s Holy Faith Builders & Developers Pvt Ltd & Ors.

The District Consumer Disputes Redressal Commission, Ernakulam (Kerala) bench comprising Mr. D.B. Binu (President), Mr. Ramachandran (Member) and Mrs. Sreevidhia T.N. (Member) provided relief to the complainants in an ex-parte case asserting that the absence of the first opposite party, along with their failure to challenge the complainants' claims, indicated an implicit acknowledgment of the alleged deficiency in service and unfair trade practices against them.

District Consumer Disputes Redressal Commission, Bengaluru

Bengaluru District Commission Holds MakeMyTrip Liable For Failure To Refund Unfinished Transaction Amount, Orders Refund, Compensation And Litigation Costs

Case Title: Anita Kachroo vs MakeMyTrip

The District Consumer Disputes Redressal Commission, Bengaluru bench comprising Sri Ramachandra M.S. (President), Sri H.N. Shrinidhi (Member) and Smt. Nandini H Kumbhar (Member) held MakeMyTrip India Pvt. Ltd. liable for deficiency in service for its failure to refund the unfinished transaction amount of Rs. 44,086/-, despite multiple attempts at resolution made by the Complainant. The District Commission also ordered MakeMyTrip to pay Rs. 10,000/- compensation amount and Rs. 5,000/- for litigation expenses incurred by the Complainant.

III Additional District Consumer Disputes Redressal Commission, Bengaluru

Failure To Replace Or Refund Amount For Defective Dishwasher Bengaluru Commission Holds LG Electronics And Its Seller Liable

Case Title: E. Venkataramana vs LG Electronics India Pvt Ltd and others.

The III Additional District Consumer Disputes Redressal Commission, Bengaluru bench comprising Sri Shivarama K (President), Sri Chandrashekar S. Noola (Member) and Smt. Rekha Sayannavar (Member) held LG Electronics India Pvt. Ltd. and its authorized seller, Girias Investment (P) Ltd. liable for deficiency in service and unfair trade practices for their failure to replace or refund the purchase amount of a defective LG Dishwasher despite assurance.

Circuit bench of the Tamil Nadu State Consumer Disputes Redressal Commission, Madurai

Can't Force Patients To Buy Medicines Only From Hospital's Pharmacy, Tamil Nadu Commission's Circuit Bench Holds Joseph Hospital And Doctor Liable

Case Title: V. Mythili vs Joseph Hospital and Anr.

The Circuit bench of the Tamil Nadu State Consumer Disputes Redressal Commission, Madurai led by Thiru S. Karuppiah (Presiding Judicial Member) held Joseph Hospital, Tirunelveli (Tamil Nadu) and its doctor liable for unfair trade practice and deficiency in service. The patient was coerced into buying expensive and extra medicines from the Hospital's pharmacy only. Further, she was also forced to buy blood from the blood bank, despite the communication that her sister had the same blood group.

District Consumer Disputes Redressal Commission, East Delhi (Delhi)

East Delhi District Commission Holds Niva Bupa Health Insurance Co. Liable For For Deficiency In Service

Case Title: Mahesh Chand Jain Vs Bank of Baroda And Others

The District Consumer Disputes Redressal Commission, East Delhi (Delhi) bench comprising Sukhvir Singh Malhotra (President), Ravi Kumar (Member) and Ms Rashmi Bansal (Member) held Niva Bupa Health Insurance Company Limited liable for deficiency in service for failure to disburse full insurance amount claimed after presenting all the important documents such as hospital bills and receipts. The District Commission noted that denial of benefits as per the T&C and cancellation of the policy at a later stage constituted a deficiency in service on the part of the Insurance Company.

District Consumer Disputes Redressal Commission, West Godavari, Eluru (Andhra Pradesh)

West Godavari District Commission Holds Eluru Municipal Corporation Liable For Demanding Water Tax Even After Disconnecting Tap Supply

Case Title: Ponnapalli Rama Krishna vs Eluru Municipal Corporation and Anr.

The District Consumer Disputes Redressal Commission, West Godavari, Eluru (Andhra Pradesh) bench comprising Sri D. Kodanda Rama Murthy (President), Sri S. Suresh Kumar (Member) and Smt. K.S.N. Lakshmi (Member) held Eluru Municipal Corporation and its Revenue Officer liable for deficiency in service and failure to verify its records. The authorities continued to send demand notices to the Complainant even after his tap supply was disconnected. The District Commission concluded that the Municipal Corporation was not entitled to collect water tax after the supply had been cut off.