CONSUMER CASES WEEKLY ROUND UP: DECEMBER 9 – DECEMBER 15

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 a livelihood through self-employment qualify as commercial purpose if operated solely by others.

Violations Must Constitute Fundamental Breach To Deny Insurance Claim: NCDRC Holds Bharti General Insurance Liable For Deficiency In Service

Case Title: Bharti Axa General Insurance Company Ltd. Vs. Mool Chand Lalwani

Case Number: R.P. No. 645/2021

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that for an insurer to deny a legitimate claim, the violations alleged by them have to constitute a fundamental breach.

Bank's Role As Intermediary Does Not Create Privity Of Contract With Insured: NCDRC Holds Insurance Company Liable

Case Title: Sarva Haryana Gramin Bank Vs. Rajinder Singh & Ors.

Case Number: R.P. No. 689/2023

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM J. Rajendra, in a petition by Sarva Haryana Gramin Bank held that a bank's role as an intermediary does not create a privity of contract with the insurer. The bank in such cases won't be liable for the wrongs committed by the insurer.

Surveyor's Report Can Only Be Rejected On Valid Grounds: NCDRC

Case Title: M/S. Hundi Lal Jain Cold Storage & Ice-Factory Pvt. Ltd. Vs. United India Insurance Co. Ltd.

Case Number: F.A. No. 214/2017

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM J. Rajendra in an appeal against United India Insurance held that a surveyor's report is mandatory for insurance claims and it can only be rejected on reasonable grounds.

National Commission Allows Appeal By Fast Engineers In AC Installation Disputes

Case Title: Fast Engineers Vs. Deepshikha Kala Sansthan

Case Number: F.A. No. 566/2022

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, in an appeal by Fast Engineers clarified the proportionate relief in an AC dispute and overruled the State Commission's order.

Zero Liability For Customers If Unauthorized Transactions Occur Without Their Fault: NCDRC Holds Union Bank Of India Liable For Deficiency In Service

Case Title: Union Bank Of India Vs. M/S Vibhav Real Estate

Case Number: R.P. No. 1551/2023

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held Union Bank of India liable for deficiency in service owing to occurrence of unauthorized transactions.

Raising Demand For Undisputed Consumption Of Electricity Not Deficiency In Service: NCDRC

Case Title: State Bank Of India Vs. Jaipur Vidyut Vitran Nigam Limited

Case Number: R.P. No. 1309/2022

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra dismissed a petition by SBI and held that electricity charges become “first due” only after a bill is issued, even though liability arises on consumption. Raising an additional demand for undisputed consumption does not amount to deficiency in service.

Telangana Consumer Disputes Redressal Commission

Telangana State Commission Validates Builder's Claim of Outstanding Payments

Case Title: M/s Narne Estates Pvt., Ltd. Vs. Shri Mohd. Adbul Rahim

Case Number: F.A. No. 381/2020

The Telangana State Commission, presided by Sri. V. V. Seshubabu and K. Ranga Rao allowed an appeal by Narne Estates and modified the District Commission's order. The Commission acknowledged the builder's claim of outstanding payments on behalf of the buyer and directed the buyer to clear the same.

Telangana State Commission Holds SBI Liable For Deficiency In Service For Collecting Excess Amount From Customer Without Proper Justification

Case Title: The CEO, SBI Card Vs. Mr.Abdul Khader

Case Number: F.A. No. 168/2019

The Telangana State Commission, presided by Smt. Meena Ramanathan And Sri. V. V. Seshubabu held State Bank of India liable for deficiency in service for collecting unaccounted funds from the customer without proper justification.

Telangana State Commission Holds Hinduja Leyland Finance Liable For Deficiency In Service And Unfair Trade Practices

Case Title: Hinduja Leyland Finance Ltd. Vs. Merugu Bhagavan Rao

Case Number: F.A. No. 832/2020

The Telangana State Commission, presided by Smt. Meena Ramanathan and Sri. V. V. Seshubabu dismissed an appeal by Hinduja Leyland Finance and held them liable for deficiency in service and unfair trade practices for making claims against the complainant without any concrete evidence.

Collection Of Penal Charges For Delay As Per Agreement Does Not Amount To Deficiency In Service: Telangana State Commission Dismisses Appeal Against Bajaj Finance

Case Title: T. Sanjeeva Vs. The Manager, Bajaj Finance Limited

Case Number: F.A. No. 571/2022

The Telangana State Commission, presided by Smt. Meena Ramanathan and Sri. V. V. Seshubabu dismissed an appeal against Bajaj Finance and held that collection of penal charges as per the agreement does not amount to deficiency in service.

Telangana State Commission Holds LIC Liable For Deficiency In Service Over Wrongful Repudiation Of Insurance Claim

Case Title: The Zonal Manager, LIC of India Vs. K.Nagendra Balaji

Case Number: F.A. No. 106/2022

The Telangana State Commission, presided by Smt. Meena Ramanathan and Sri. V. V. Seshubabu held Life Insurance Corporation liable for deficiency in service for wrongful repudiation of a legitimate insurance claim.

Chandigarh Consumer Disputes Redressal Commission

Chandigarh State Commission Holds New India Assurance Company Liable For Rejecting Insurance Policy Due To Unreliable Evidence

Case title: New India Assurance Company Limited & Anr vs. Shubham Khattar

Case No: Appeal No. A/382/2024

The State Consumer Disputes Redressal Commission, Chandigarh presided by Justice Raj Shekhar Attri (President) and Mr. Rajesh K. Arya (Member) held 'New India Assurance Company Limited' liable for rejecting the insurance policy of the complainant on the basis of unreliable evidence about alcohol consumption by the complainant.

Uttarakhand Consumer Disputes Redressal Commission

Uttarakhand State Commission Holds United India Insurance Company Liable For Rejecting Insurance Claim Suffered Due To Heavy Rains

Case title: United India Insurance Company Limited vs Sh. Baburam Kashyap

Case No: First Appeal No. 34 / 2023

The State Consumer Disputes Redressal Commission, Uttarakhand presided by Ms. Kumkum Rani (President) and Mr. B.S. Manral, (Member) held United India Insurance Company liable for rejecting the insurance claim of the complainant as loss suffered due to heavy rain was covered under the terms of their insurance policy.

The commission relied on importance of surveyor's report and modified the compensation amount accordingly.

District Consumer Disputes Redressal Commission, Delhi

Delhi District Commission Imposes Punitive Damages Worth Rs. 15 Lakhs On Emami For Unfair Trade Practices And Misleading Advertisements

Case Title: Nikhil Jain vs. Emami Limited

Case No: Complaint Case No. 53/27.02.2013

The District Consumer Disputes Redressal Commission, Central Delhi bench of Shri Inder Jeet Singh (President) and Ms Rashmi Bansal (Member) held Emami Ltd. liable for unfair trade practices and misleading advertisement claiming to give fairer skin within three weeks.

Doctors Cannot Be Held Liable Without Reliable Evidence Of Medical Negligence: Delhi District Commission

Case Title: Laxmi vs ESI hospital and ors.

Case No: CC 244/2017 [Delhi district commission, North-West]

The Delhi District Consumer Dispute Redressal Commission has dismissed a case of medical negligence against Employee State Insurance hospital and its surgeons for an unsuccessful tubectomy operation. The bench observed that in the absence of any medical expert evidence, no negligence can be attributed to the doctors. It also emphasized on the possibilities of unwanted pregnancies despite taking all precautions since sterilization processes are not 100% safe and secure.

District Consumer Disputes Redressal Commission, Idukki

Idukki District Commission Holds Star Health And Allied Insurance Company Liable For Rejection Of Insurance Claims

Case title: Lalu Joseph vs The Authorised Signatory, Claims Department, Star Health and Allied Insurance Company Ltd

Case No: CC NO.183/2022

The District Consumer Disputes Redressal Commission, Idukki presided by Sri. C. Sureshkumar (President) and Sri. Ampady K.S. (Member) held Star Heath and Allied Insurance Company liable for grave deficiency in service as they denied the claim of the complainant due to insufficient document.