Consumer Cases Monthly Digest: February 2024

Apoorva Pandita

8 March 2024 9:30 PM IST

  • Consumer Cases Monthly Digest: February 2024

    Supreme Court Medical Negligence | Supreme Court Awards Rs 10 Lakh Compensation To Patient Who Developed Hoarseness In Voice After Trainee Gave Anaesthesia Case Title: J. DOUGLAS LUIZ (SINCE DECEASED) THROUGH LEGAL REPRESENTATIVES VERSUS MANIPAL HOSPITAL | CIVIL APPEAL NO.1700 OF 2024 Citation: 2024 LiveLaw (SC) 134 The Supreme Court recently awarded Rs. 10 lakhs...

    Supreme Court

    Medical Negligence | Supreme Court Awards Rs 10 Lakh Compensation To Patient Who Developed Hoarseness In Voice After Trainee Gave Anaesthesia

    Case Title: J. DOUGLAS LUIZ (SINCE DECEASED) THROUGH LEGAL REPRESENTATIVES VERSUS MANIPAL HOSPITAL | CIVIL APPEAL NO.1700 OF 2024

    Citation: 2024 LiveLaw (SC) 134

    The Supreme Court recently awarded Rs. 10 lakhs compensation to a patient who developed hoarseness in his voice due to medical negligence committed by doctors while administering anaesthesia. The patient (now deceased) claimed compensation of Rs. 18,00,000/- (Rupees Eighteen Lakhs only), against the faulty operation done by the Manipal hospital which resultantly developed hoarseness in his voice. However, the District Forum had suo moto arrived at a rough and ready figure of ₹5,00,000/- (Rupees Five lakhs only) payable as compensation to the appellant without furnishing any reasons for arriving at the said figure.

    Supreme Court

    Apple Has No Duty To Trace Stolen iPhone Using Unique Identity Number: Supreme Court

    Case Title : Apple India Pvt Ltd v. Harish Chandra Mohanty and others

    Citation : 2024 LiveLaw (SC) 138

    The Supreme Court obliterated an observation made by the Odisha State Consumer Commission that Apple India has the duty to trace a stolen iPhone with the help of a unique identity number provided by it. The Supreme Court stated that the observation made by the Consumer Commission was "unwarranted". The Bench Comprising Justices Vikram Nath and Satish Chandra Sharma was hearing an appeal filed by Apple India against the Consumer Commission's order, which was passed in a complaint filed over stolen iPhone.

    National Consumer Disputes Redressal Commission

    National Consumer Commission Holds Raheja Developers Limited for Deficiency in service

    The National Consumer Disputes Redressal Commission presided by Justice A.P. Sahi (President) held Raheja Developers Limited liable for deficiency in services and directed to refund entire amount of booking along with 18% interest.

    National Consumer Disputes Redressal Commission

    NCDRC Holds Ludhiana Improvement Trust Liable For Not Handing Over The Possession Of The Plot

    The National Consumer Disputes Redressal Commission, presided by Subhash Chandra(member), held Ludhiana Improvement Trust liable for deficiency in service over refusal to register and hand over the possession of the plot booked by the complainant.

    National Consumer Disputes Redressal Commission

    National Consumer Commission Holds MGF Developers Liable For Delay In Handing Over The Possession Of The Shop

    The National Consumer Disputes Redressal Commission, presided by Subhash Chandra(member) and Bharatkumar Pandya(member), held MGF developers liable for deficiency in service and unfair trade practices over delay in handing over the possession of the shop booked by the complainant.

    National Consumer Disputes Redressal Commission

    NCDRC Holds United India Insurance Liable For Denial Of The Insurance Money

    The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra AVSM VSM (member), held United India Insurance liable for deficiency in service over denial of the insurance money without evidence establishing a direct connection between the insured goods and the cause of the accident.

    National Consumer Disputes Redressal Commission

    NCDRC Holds Oriental Insurance Liable For Denial Of Disbursing The Insurance Policy

    The National Consumer Disputes Redressal Commission, presided by Subhash Chandra(member) and AVM J. Rajendra AVSM VSM (member), held Oriental Insurance liable for service deficiency and unfair trade practices over denial of disbursing the insurance policy taken up by the complainant.

    National Consumer Disputes Redressal Commission

    NCDRC Holds BPTP Builders Liable For Cancellation Of The Allotment Of The Flat

    The National Consumer Disputes Redressal Commission presided by Subhash Chandra(member) overturned the decision by the state Commission of Haryana and held BPTP Builders liable for deficiency in service over cancellation of the allotment of the flat booked by the complainant.

    National Consumer Disputes Redressal Commission

    National Consumer Commission Holds Universal Infrastructure Liable For Deficiency In Service

    The National Consumer Disputes Redressal Commission, presided by Subhash Chandra(member) and Sadhna Shanker(member), held Universal Infrastructure liable for deficiency in service over non-issuance of the occupancy certificate of the flat booked by the complainant.

    National Consumer Disputes Redressal Commission

    National Consumer Commission holds FS Housing Ltd liable for Deficiency in Service

    The National Consumer Disputes Redressal Commission, presided by Ram Surat Ram Maurya(member) and Bharatkumar Pandya(member), held FS Housing Ltd liable for deficiency in service over making the complainant wait indefinitely for the possession of the flat booked.

    National Consumer Disputes Redressal Commission

    National Consumer Commission Holds Anant Raj Ltd Liable For Deficiency In Service

    The National Consumer Disputes Redressal Commission, presided by Subhash Chandra(member), held Anant Raj Ltd. liable for deficiency in service over delay in handing over the flat booked by the complainant.

    National Consumer Disputes Redressal Commission

    Interpretation Of An Insurance Contract Must Adhere To The Specific Terms Stipulated In The Contract: NCDRC

    The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra AVSM VSM (member), in a case against New India Assurance Company, held that the interpretation of an insurance contract must adhere to the specific terms stipulated in the contract. Any attempt to expand or reinterpret beyond the agreed terms is not permissible under the law, as it would amount to reframing the terms and conditions.

    National Consumer Disputes Redressal Commission

    Refusal Of An Insurance Claim Solely Based On The Late Intimation Of The Complaint Is Not Justified: NCDRC

    The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra AVSM VSM (member), held Oriental Insurance liable for deficiency in service over cancelling the insurance claim solely based on delayed the intimation of the complainant regarding the theft of their insured vehicle.

    National Consumer Disputes Redressal Commission

    A Home Buyer Is Contractually Obligated To Take Possession If It Is Offered After The Issuance Of An “Occupation Letter”: NCDRC

    The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya (presiding member) and Bharatkumar Pandya(member), held if possession is offered after obtaining an “occupation certificate,” the home buyer is contractually obligated to take possession, failing which would result in a breach of contract.

    National Consumer Disputes Redressal Commission

    Onus To Prove That The Insurance Claim Is Payable Under The Policy Is On The Insured And Not The Insurer: NCDRC

    The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya (presiding member) and Bharatkumar Pandya(member), dismissed a review petition against Cholamandalam Insurance Company and held that it is the fundamental duty of the insured to prove that the insurance claim is payable under the insurance policy.

    National Consumer Disputes Redressal Commission

    NCDRC Holds Vatika Limited Liable For Delay In Construction Of Residential Project

    Case Title: Madhu Gupta & Anr. Vs. Vatika Ltd.

    The National Consumer Disputes Redressal Commission, presided by Ram Surat Ram Maurya (member) and Bharatkumar Pandya(member), held Vatika Limited liable for deficiency in service over delay in the construction of the residential space on the plot booked by the complainant.

    Central Information Commission, New Delhi

    Can't Order Furnishing Of Denied Information U/s Sec. 18, RTI Act, Inquiry is Limited To 'Intentional' Denial: CIC

    The Central Information Commission, New Delhi bench comprising Shri Heeralal Samariya (Chief Information Commissioner) dismissed a complaint filed by an aggrieved consumer whose requested information was not appropriately furnished by the Department of Consumer Affairs, allegedly. The Central Information Commission noted that the scope of a complaint under Section 18 was limited to the question of whether the denial of information was 'intentional' and did not extend to ordering the public authority to furnish information.

    Calcutta High Court

    Consumer Forum Cannot Assume Jurisdiction When Special Statue Prescribes Arbitration; Calcutta High Court Set Aside West Bengal State Commission Order

    Case Title: The Secretary, E & NF Railway Junior Co-operative Credit Society Limited, Eastern Railway vs Sri Jyotish Chandra Sarkar & Anr.

    The Calcutta High Court single bench of Justice Prasenjit Biswas held that consumer forum cannot assume jurisdiction when a special statue prescribes for arbitration and designates a forum for adjudication of disputes. It held that a special law takes precedence over a general law.

    State Consumer Disputes Redressal Commission Shimla (Himachal Pradesh)

    H.P. State Commission Holds Oriental Insurance Co. Liable For Repudiating Insurance Claim Solely Due To Delayed Intimation, Orders To Pay Rs. 7.9 Lakhs

    Case Title: Gita Ram Negi vs The Oriental Insurance Company Ltd and others

    The State Consumer Disputes Redressal Commission Shimla (Himachal Pradesh) bench comprising Justice Inder Singh Mehta (President) held Oriental Insurance Company Limited liable for deficiency in service for rejecting a claim solely only based on delayed intimation of the damage to the insurance company. The bench set aside the decision of the Shimla District Commission and directed the insurance company to the insurance claim of Rs. 7,90,000 along with Rs. 50,000 for the litigation costs to the Complainant.

    State Consumer Disputes Redressal Commission, Uttar Pradesh

    U.P. State Commission Holds LIC Liable For Wrongful Repudiating Of Claim Based On Deceased's Smoking Habits

    The State Consumer Disputes Redressal Commission, Uttar Pradesh held LIC liable for wrongfully repudiating a valid claim based on the reason that the deceased failed to disclose the fact that he used to smoke cigarettes and bidis, at the inception of the policy. The State Commission held that LIC failed to prove the pre-existence of a lung disease. Further, it failed to prove that the deceased himself knew of any such disease at that time.

    State Consumer Disputes Redressal Commission, U.T. Chandigarh

    Phone Activated Before Purchase Date, Buyer Charged Twice For Handling, Chandigarh State Commission Holds Oneplus, Flipkart and Seller Liable

    The State Consumer Disputes Redressal Commission, U.T. Chandigarh bench comprising Preetinder Singh (Member) held Flipkart, Oneplus, Oneplus's Service Centre and its seller liable for selling a defective Oneplus mobile handset which was activated way before its purchase date. The State Commission also held Flipkart liable for issuing separate bills on the pretext of double charging for the handling fee, which amounted to 'dark patterns' as per the Central Consumer Protection Authority's notification.

    Delhi State Consumer Disputes Redressal Commission

    Delhi State Consumer Disputes Redressal Commission Holds Sir Ganga Ram Hospital And Doctors Liable For Medical Negligence In Patient's Death

    The Delhi State Consumer Disputes Redressal Commission headed by Justice Sangita Dhingra Sehgal (President), Pinki (Member) and J.P. Agrawal (Member) has found Sir Ganga Ram Hospital and its medical practitioners guilty of medical negligence in the treatment of a patient, ultimately leading to her demise. The commission ordered hospital and doctors to pay Rs. 5,10,000 as compensation. This amount includes Rs. 1,97,900, representing the charges for the surgical procedure performed. And 15000 for litigation charges.

    State Consumer Disputes Redressal Commission, West Bengal (Siliguri Circuit Bench)

    'Consumer Protection Act Prevails Even When Alternate Remedies Are Available', West Bengal State Commission Remands Electricity Matter Back

    The State Consumer Disputes Redressal Commission, West Bengal (Siliguri Circuit Bench) comprising Mr Kundan Kumar Kumai (President) and Mr Swapan Kumar Das (Member) remanded a matter back to the District Commission related to a discrepancy in billing amount issued by the West Bengal State Electricity Distribution Co. Ltd. The State Commission held that the District Commission erroneously dismissed the complaint on the basis that it was not empowered to adjudicate on the issue. Rather, consumers can adjudicate on all types of complaints and the Consumer Protection Act complements other remedies and is not in derogation of other laws.

    State Consumer Disputes Redressal Commission, Madhya Pradesh

    No Proof Of Theft Of Gold Chain From Compartment, M.P. State Commission Allows Western Central Railways' Appeal

    The State Consumer Disputes Redressal Commission, Madhya Pradesh bench comprising Shri A.K. Tiwari (President) and Dr. Shrikant Pandey (Member) allowed an appeal filed by Western Central Railway against the order of the District Commission, Katni, Madhya Pradesh. The matter pertained to an alleged snatching of the Complainant's gold chain from outside of the train window while sleeping in the middle birth of a reserved compartment. The State Commission observed that it was untenable to hold that such theft could happen from the middle birth as it is not exposed to the train window. The Complainant also failed to substantiate the claimed value of the gold chain with sufficient proof and the claim regarding the absence of security.

    State Consumer Disputes Redressal Commission, Punjab

    Charging More Than MRP For Water Bottles Prohibited Under Legal Metrology Rules And CPA, Punjab State Commission Holds Drinkery 51 Bar Liable

    The State Consumer Disputes Redressal Commission, Punjab bench comprising Justice Raj Shekhar Attri (President) and Mr Rajesh K. Arya (Member) held Drinkery 51, Chandigarh liable for unfair trade practice for charging more than the MRP mentioned on two Kinley Water Bottles. The bench held that the right to clean and safe water is a basic human right and the act of Drinkery 51 violated the Legal Metrology (Packaged Commodities) Rules, 2011.

    State Consumer Disputes Redressal Commission, Telangana

    Issuance Of Non-consensual Insurance Policies, Telangana State Commission Holds HDFC Bank And HDFC Insurance Co. Liable

    The State Consumer Disputes Redressal Commission, Telangana bench comprising Shri V.V. Seshubabu (Member) and Smt. R.S. Rajeshree (Member) held HDFC Bank Ltd. and HDFC Life Insurance Co. Ltd. liable for deficiency in service and unfair trade practices for issuing insurance policies and deducting premiums without the Complainant's consent. The bench observed that there were several discrepancies in the policy forms such as overwriting of dates, which raised serious doubts regarding the credibility of these entities.

    Haryana State Consumer Disputes Redressal Commission

    Haryana State Commission Holds National Insurance Company Ltd Liable For Wrongful Repudiation Of Claim

    The State Consumer Disputes Redressal Commission, Haryana bench comprising Mr Naresh Katyal (Presiding Member) held National Insurance Company Ltd. Liable for failure to disburse insurance amount based on late intimation and commercial nature of the Claimant's business. The State Commission perused the evidence and found that the Insurance Company's surveyor assessed the damage and accepted liability.

    West Bengal State Consumer Disputes Redressal Commission

    West Bengal State Commission Holds Green Tech IT City Developers Liable For Failure To Deliver Flat Within Time

    The State Consumer Disputes Redressal Commission, West Bengal bench comprising Justice Manojit Mandal (President) held Green Tech IT City Private Limited liable for failure to deliver the promised residential unit within the time frame. The State Commission held that the buyer cannot be obligated to wait any longer in light of the fact that the Builder failed to complete the construction within the agreed-upon timeframe, despite legal notices.

    State Consumer Disputes Redressal Commission, Goa

    Insurance Co. Not Under Obligation To Renew Old Policy After Expiry, Goa State Commission Dismisses Appeal Against National Insurance Co. Ltd.

    The State Consumer Disputes Redressal Commission, Goa bench comprising Mrs Varsha Bale (Officiating President) and Ms Rachna Anna Maria Gonsalves (Member) dismissed a complaint against National Insurance Company Limited. The State Commission refuted the Appellant's contention and held that the Insurance Company was not under any obligation to continue the insurance policy with the same terms after the natural expiry of the old policy held by the Appellant for 10 years.

    State Consumer Disputes Redressal Commission, Chhattisgarh

    Chhattisgarh State Commission Holds LIC Liable For Wrongful Repudiation Of Claim Based On Unconnected Prior Medical History

    The State Consumer Disputes Redressal Commission, Chhattisgarh bench comprising Justice Gautam Chourdiya (President) and Pramod Kumar Varma (Member) dismissed an appeal filed by Life Insurance Corporation (LIC) which repudiated the Complainant's claim based on failure to disclose a pre-existing illness. The State Commission found that while the Complainant had a previous medical history, LIC failed to specify which question in the insurance proposal was answered falsely, as the proposal was made 22 years after the mentioned treatments.

    State Consumer Disputes Redressal Commission, Chhattisgarh

    Loss Of Dishonoured Cheque In Transit From Bank To Customer, Chandigarh State Commission Holds Yes Bank Liable

    The Additional bench, of the District Consumer Disputes Redressal Commission, U.T. Chandigarh, comprising Mrs Padma Pandey (Presiding Member) and Preetinder Singh (Member) held Yes Bank Limited liable for deficiency in service for failure to deliver the original copy of the dishonoured cheque to the Complainant. Even though the courier company lost the cheque, the State Commission held that it was the Bank's responsibility to deliver it safely.

    Bihar State Consumer Disputes Redressal Commission

    No Nexus Between Pre-existing Disease And Death, Bihar State Commission Directs TATA AIG Life Insurance Co. To Disburse Amount

    The State Consumer Disputes Redressal Commission, Bihar bench comprising Justice Sanjay Kumar (President), Shamim Akhtar (Member) and Ram Prawesh Das (Member) upheld an order pronounced by the District Commission, Vaishali against TATAAIG Life Insurance Company. The Insurance Company was held liable for wrongfully repudiating a valid claim of the Complainant based on non-disclosure of chronic disease in the proposal form. The State Commission reiterated that unless the undisclosed preexisting disease directly contributed to or caused death, it wouldn't disqualify the claimant from receiving benefits.

    State Consumer Disputes Redressal Commission, Nagpur Circuit Bench, Maharashtra

    PET Scan Couldn't Have Saved Patient Who Approached Hospital At Cancer Stage II B, Maharashtra State Commission Dismisses Complaint Against Jupiter Hospital

    The State Consumer Disputes Redressal Commission, Nagpur Circuit Bench, Maharashtra dismissed a complaint against Jupiter Hospital and its chief oncologist regarding failure to perform a whole-body PET scan timely which eventually led to the demise of the cancer patient. The State Commission observed that the Doctor carried out all necessary investigations in a prompt manner. Further, the PET Scan was optional and the patient came to the Hospital at a late stage when she was suffering from Stage II B of Cancer.

    State Consumer Disputes Redressal Commission, Circuit Bench Udaipur (Rajasthan)

    Bank Not Liable If Proper Inquiry Reveals Customer's Lapse In Unauthorized Transactions, Rajasthan State Commission Dismisses Appeal Against SBI

    The State Consumer Disputes Redressal Commission, Circuit Bench Udaipur (Rajasthan) bench comprising Shri Surendra Kumar Jain (President) and Shri Liyakat Ali (Member) dismissed an appeal filed by a Customer of the State Bank of India (SBI) who alleged liability on part of the SBI for failure to resolve his complaint related to an unauthorized ATM Card transaction. The State Commission found no deficiency on the SBI's part because it conducted a proper inquiry after the alleged unauthorized ATM card transaction and found that the transaction could not have occurred without sharing confidential ATM Card details.

    State Consumer Disputes Redressal Commission, Delhi

    Delhi State Commission Dismisses Complaint Based On Involvement Of Complex Questions Of Law And Fact, Sets Complainant At Liberty To Approach Civil Court

    The State Consumer Disputes Redressal Commission, Delhi bench comprising Justice Sangita Dhingra Sehgal (President), Ms Pinki (Judicial Member) and Mr J.P. Agrawal (General Member) dismissed a complaint against M/s Angel Broking Limited and gave the option to the Complainant to approach the appreciate civil court. The State Commission observed that the complaint involved complex questions of law and fact, which are better suited for resolution in regular courts rather than consumer forums.

    Maharashtra Real Estate Regulatory Authority (MahaRERA)

    MahaRERA Becomes The First Regulatory Authority To Release Guidelines For Retirement Housing Projects

    The Maharashtra Real Estate Regulatory Authority (MahaRERA) took a significant step forward by unveiling draft model guidelines to meet the unique requirements of senior citizen housing projects. This makes MahaRERA the first housing regulatory body in India to formalize regulations specifically for retirement housing projects. Previously, the Ministry of Housing and Urban Affairs (MoHUA) had issued model guidelines, urging state regulators to implement appropriate regulations. Responding to this directive, MahaRERA has formulated this framework for Maharashtra.

    Gujarat State Consumer Disputes Redressal Commission

    Gujarat State Commission Holds National Insurance Co. Liable For Wrongful Repudiation Of Claim Without Proof Of Prior Existence Of Disease

    The Gujarat State Consumer Disputes Redressal Commission bench comprising R. N. Mehta (Presiding Member) and P. R. Shah (Member) held the National Insurance Company Limited liable for deficiency in services for false repudiation of medical treatment claim. While uploading the decision of the District Consumer Dispute Redressal Commission, Navsari (Gujarat), it directed the insurance company to pay Rs. 28,196 for the medical claim to the Complainant.

    Bihar State Consumer Disputes Redressal Commission

    Failure To Transfer Insurance Policy After Vehicle Purchase, No Privity Of Contract; Bihar State Commission Rejects Policy Benefits To New Owner

    Case Title: Saroj Kumar Suman vs National Insurance Co. Ltd. and Anr.

    The State Consumer Disputes Redressal Commission, Bihar bench comprising Justice Sanjay Kumar (President) and Mr Shamim Akhtar (Judicial Member) dismissed an appeal filed by the Complainant who claimed to be a valid beneficiary of an insurance policy for a motorcycle purchased by the original owner before the transfer. The State Commission observed that even though the motorcycle's ownership was transferred, the Complainant failed to update his name on the insurance certificate which led to a lack of privity between him and the Insurance Company.

    Aurangabad (Maharashtra) State Consumer Disputes Redressal Commission

    If Accidental Death Is Proven, Can't Reject Claim Based On Unnecessary Risk Taking, Maharashtra State Commission Holds Universal Sompo Insurance Co. Liable

    The State Consumer Disputes Redressal Commission, Aurangabad (Maharashtra) bench comprising Dr Nisha A. Chavhan (Member) and Nagesh C. Kumber (Member) held Universal Sompo General Insurance Company liable for wrongfully repudiating the claim for 'Gopinath Mundhe Farmers Insurance Scheme' held by a deceased daily wage worker. The State Commission held that once accidental death was proven, insurance companies couldn't reject the claim based on the deceased's perceived unnecessary risk-taking.

    Telangana State Consumer Disputes Redressal Commission

    Poulomi Hospitals Held Liable For Unauthorized Removal Of Patient's Kidney, Telangana State Commission Orders Rs. 30 Lakhs Compensation

    The Telangana State Consumer Disputes Redressal Commission bench comprising V.V.Seshubabu (Member) and R.S. Rajeshree (Member) held Poulomi Hospitals (Secunderabad) liable of unfair trade practices for removal of Complainant's kidney without his knowledge or consent. While noting the criminal nature of the act committed by the hospital, the bench directed the hospital to pay a compensation of Rs 30 Lakhs and litigation costs of Rs 25,000 to the Complainant.

    District Consumer Disputes Redressal Commission, Kollam (“Kerala”)

    Charging Rs. 20 Extra For Packaging, Kollam District Commission Directs Chicking To Refund, Pay Rs 15k Compensation And Rs. 5k Litigation Costs

    The District Consumer Disputes Redressal Commission, Kollam (“Kerala”) bench comprising of S.K. Sreela (President) and Stanly Harold (Member) held Chicking Store liable for deficiency in services and unfair trade practices for charging Rs. 20/- extra for packaging. The bench directed it to pay Rs. 15k Compensation and Rs. 5k Litigation costs to the Complainant.

    District Consumer Dispute Redressal Commission Kolkata Unit-III

    Delay In Remitting Premiums Is Not Consumers' Responsibility, Kolkata District Commission Holds Oriental Bank Of Commerce And Oriental Insurance Co. Liable

    The District Consumer Dispute Redressal Commission Kolkata Unit-III bench comprising Sudip Niyogi (President) and Monihar Begum (Member) held Oriental Bank of Commerce and Oriental Insurance Company Limited liable of deficiency in service for falsely repudiating a valid insurance claim, based on delay in remitting the premiums. The bench directed them to disburse Rs. 66,790/- to the Complainant along with Rs. 30,000/- for compensation and litigation costs incurred by the Complainants.

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

    Failure To Resolve Issues With Lenovo Idea Pad, Hyderabad District Commission Holds Lenovo's Service Centre Liable For Deficiency In Service

    Case Title: Jaya Rama vs Amazon India and Others

    The District Consumer Disputes Redressal Commission – I, Hyderabad (Telangana) bench comprising B. Uma Venkata Subba Lakshmi (President), and C. Lakshmi Prasanna (Member) held Lenovo's authorized service centre liable for deficiency in services for failing to resolve an issue in a Lenovo Idea Pad Laptop. The bench directed the service centre to pay a compensation of Rs. 20,000/- and Rs. 10,000/- for the litigation costs to the Complainant.

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

    Failure To Issue Tax Invoice For Extended Warranty, Hyderabad District Commission Holds Volkswagen's Dealer Liable For Unfair Trade Practice

    The District Consumer Disputes Redressal Commission – I, Hyderabad (Telangana) bench comprising B. Uma Venkata Subba Lakshmi (President) and Lakshmi Prasanna (Member) held an authorized dealer of Volkswagen India liable for deficiency in services and unfair trade practices for failing to issue the tax invoice/bill for the extended warranty benefits accrued to the Complainant. The bench directed it to pay a compensation of Rs. 10,000/- to the Complainant.

    District Consumer Disputes Redressal Commission – I, Hyderabad

    Failure To Deliver Gifts on Time, Hyderabad District Commission Holds Ferns N Petals For Deficiency In Service

    The District Consumer Disputes Redressal Commission – I, Hyderabad bench comprising B. Uma Venkata Subba Lakshmi (President) and C. Lakshmi Prasanna (Member) held Ferns N Petals liable for unfair trade practices for failure to deliver the order on time and not letting the Complainant cancel the order. The bench directed it to refund Rs. 1,311/- and pay a compensation of Rs. 5,000/- along with Rs. 5,000/- for litigation costs to the Complainant.

    District Consumer Disputes Redressal Commission, Hisar (Haryana)

    Hisar District Commission Holds SBI General Insurance Co. Liable For Dishonoring Terms Of Pradhan Mantri Fasal Beema Yojna

    Case Title: Kavita Rani vs IDBI Bank and Others

    The District Consumer Disputes Redressal Commission, Hisar (Haryana) bench comprising Jagdeep Singh (President), Rajni Goyal (Member) and Dr Amita Aggarwal (Member) held SBI General Insurance Company Limited liable for deficiency in services for failure to appoint a qualified loss assessor within the prescribed time frame and for not conducting the loss assessment or settle the claim within the stipulated period under Pradhan Mantri Fasal Beema Yojna scheme. The bench directed it to pay Rs. 77,706.3/- to the Complainant for the loss of the insured crop and pay a compensation of Rs. 10,000/- along with Rs. 5,000/- for the litigation costs incurred by the Complainant.

    District Consumer Disputes Redressal Commission, Panipat (Haryana)

    Panipat District Commission Holds Oscar Super Specialty Hospital Liable For Charging Patient Despite Applicability Of Aayushman Bharat Scheme

    The District Consumer Disputes Redressal Commission, Panipat (Haryana) bench comprising Dr. R.K. Dogra (President) and Dr. Rekha Chaudhary (Member) held Oscar Super Speciality Hospital & Trauma Centre liable for deficiency in services for wrongfully charging the Complainant for the treatment despite him being an Aayushman card holder. The bench directed it to refund Rs. 20,615/- to the Complainant and pay compensation of Rs. 5,000/- along with Rs. 5,500/- for the litigation costs incurred by him.

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

    Failure To Transfer Amount Deducted In An Unsuccessful Transaction, Chandigarh District Commission Holds Paytm Liable

    The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench comprising Pawanjit Singh (President) and Surjeet Kaur (Member) held One 97 Communications India Limited (Paytm) liable for deficiency in services for failure to reverse the amount after a transaction failure which was reflected as "transaction status failure.” The bench directed it to refund Rs.826.37/- to the Complainant and pay a compensation of Rs.3,000/- along with Rs.3,000/- for the litigation costs incurred by him.

    District Consumer Disputes Redressal Commission, South Goa

    Delay In Settling Insurance Claim Amount To Deficiency In Service, South Goa District Commission Holds TATA AIG General Insurance Co. Liable

    The District Consumer Disputes Redressal Commission, South Goa bench comprising Sanjay Motiram Chodankar (President) and Jayson Rodrigues (Member) held TATA AIG General Insurance Co. Ltd. liable for deficiency in services for the delay in settling an insurance claim. The bench directed it to pay the claim of Rs. 17,531.26/- to the Complainant along with a compensation of Rs. 5,000/- for the metal agony incurred by him.

    Bangalore Urban II Additional District Consumer Disputes Redressal Commission

    Failure To Initiate Full Refund As Per T&C, Bangalore District Commission Holds Myntra Liable

    The Bangalore Urban II Additional District Consumer Disputes Redressal Commission bench comprising Vijaykumar M Pawal (President), B Devaraju (Member) and V Anuradha (Member) held Myntra liable for deficiency in services for failure to honour the 14-day return policy published on its website and for charging higher than the MRP on the packaging. The bench directed it to refund Rs.17,999/- to the Complainant and pay a compensation of Rs. 5,000/- along with Rs. 2,000/- for the litigation costs incurred by him.

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

    Chandigarh District Commission Holds Oriental Insurance Co. For Wrongful Repudiation Based On Lack Of Route Permit At Time Of Accident

    The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench comprising Pawanjit Singh (President) and Surjeet Kaur (Member) held Oriental Insurance Company Limited liable of deficiency in services for false repudiation of claim filed by the Complainant. The bench directed it to pay the claim of Rs.30,338/- to the Complainant and pay a compensation of Rs. 25,000/- along with Rs. 10,000/- for the litigation costs incurred by him.

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

    Can't Force Usage Of Vouchers For Flights Cancelled During COVID-19, Chandigarh District Commission Holds British Airways Liable

    The District Consumer Disputes Redressal Commission-I, Chandigarh bench comprising Vijaykumar M Pawale (President), B Devaraju (Member) and V Anuradha (Member) held British Airways liable for deficiency in services and unfair trade practices for failure to refund the ticket price despite cancellation of the flight. The bench directed it to refund Rs. 78,131/- to the Complainant and pay a compensation of Rs. 10,000/- along with Rs. 10,000/- for the litigation costs incurred by the Complainant.

    Cuttack District Consumer Disputes Redressal Commission

    Cuttack District Commission Holds Myntra Liable For Failure To Refund Excess Amount Deducted Due To Technical Glitch

    The District Consumer Disputes Redressal Commission, Cuttack (Orrisa) bench comprising Debasish Nayak (President) and Sibananda Mohanty (Member) held Myntra liable for deficiency in services for failure to refund excess amount deducted during a single online transaction.

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

    Repudiation Based On Inconclusive Diagnosis, Chandigarh District Commission Holds HDFC Ergo Health Insurance Liable

    Case Title: Vinod Kumar vs HDFC Ergo Health Insurance Ltd.

    The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench comprising Pawanjit Singh (President) and Surjeet Kaur (Member) held HDFC Ergo Health Insurance Ltd. liable of deficiency in services for repudiation of a genuine claim stating that the Complainant didn't disclose his pre-existing alcoholic liver disease. The bench directed it to pay the claim amount of ₹ 2,51,136/- to the Complainant and pay ₹ 20,000/- as compensation along with ₹ 10,000/- for the litigation costs incurred by him.

    District Consumer Disputes Redressal Commission Kolkata Unit - II (Central)

    Kolkata District Commission Holds TATA Motors, Its Dealer Liable For Selling Car With Manufacturing Defects Without Due Inspection

    The District Consumer Disputes Redressal Commission Kolkata Unit - II (Central) bench comprising Sukla Sengupta (President) and Reyazuddin Khan (Member) held Tata Motors and its dealer liable of deficiency in services and negligence for selling a vehicle with manufacturing defeats and without inspection to the Complainant. The bench directed them to replace the defective vehicle and pay a compensation of Rs. 1,00,000/- along with Rs. 30,000 for the litigation costs incurred by the Complainant.

    District Consumer Disputes Redressal Forum, Hisar (Haryana)

    Hisar District Commission Holds HDFC ERGO General Insurance Co. Liable For Repudiation Based On Non-Submission Of Immaterial Documents

    The District Consumer Disputes Redressal Forum, Hisar (Haryana) bench comprising Jagdeep Singh (President), Rajni Goyat (Member) and Dr. Amita Aggarwal (Member) held HDFC ERGO General Insurance Company Limited liable of deficiency in services and unfair trade practices for false repudiation of insurance claim on basis of non-submission of documents which were not essential for claim settlement. The bench directed it to pay the claim of Rs.25,300/- and pay a compensation of Rs.10,000/- to the Complainant along with Rs.5,000/- for the litigation costs incurred by him.

    District Consumer Disputes Redressal Commission, Hisar (Haryana)

    Hisar District Commission Holds SBI General Insurance Co. Ltd. Liable For Dishonouring Fasal Beema Yojna, Delaying Inspection Of Crop Loss

    The District Consumer Disputes Redressal Commission, Hisar (Haryana) bench comprising Jagdeep Singh (President), Rajni Goyat (Member) and Dr Amita Agarwal (Member) held SBI General Insurance Company Ltd. liable for deficiency in services for failure to fulfil its duties under the operational guidelines of Fasal Beema Yojna. Despite the Complainant's timely intimation of loss, it held that the insurance company did not inspect the Complainant's field within the prescribed period. Furthermore, it held that the insurance company did not adequately explain the localization of claim intimation in their written statement and evidence.

    Ernakulam District Consumer Disputes Redressal Commission

    Food Infection, Ernakulam District Commission Holds St. Marys Catering Liable For Deficiency In Service

    The Ernakulam District Consumer Disputes Redressal Commission, headed by D.B. Binu as President, alongside members V. Ramachandran and Sreevidhia. T.N. held that an affidavit stating that the food served was inferior in quality would be sufficient to prove the deficiency of service and discharge the onus on the customer.

    District Consumer Disputes Redressal Commission, Kozhikode (Kerala)

    Samsung Held Liable For Failure To Resolve Complainant's Issue With Redemption Of Coupon Code For Discounted Buds Pro On Its App

    The District Consumer Disputes Redressal Commission, Kozhikode (Kerala) bench comprising Sri P.C. Paulachen (President), Smt. Priya S Bal (Member) and Sri V. Balakrishnan (Member) held Samsung liable for deficiency in service for its failure to provide resolution to the Complainant seeking to utilize a coupon code to buy Samsung Galaxy Buds Pro for a cheaper amount. The District Commission directed Samsung to pay a compensation of Rs. 20,000/- to the Complainant and Rs. 3,000/- for the litigation costs incurred by him.

    Jodhpur (Rajasthan) District Consumer Dispute Redressal Commission (II)

    Failure To Block Credit Card Leading To Unauthorized Transactions, Jodhpur District Commission Holds ICICI Bank Liable

    The District Consumer Dispute Redressal Commission (II), Jodhpur (Rajasthan) bench comprising Shyam Sundar (President) and Balveer Khudkhudia (Member) held ICICI bank liable for deficiency in services for failure to block the credit card after the Complainant asked the customer care which subsequently resulted in an unauthorized transaction of Rs. 32,640/- under the credit card. The bench directed the bank to pay the transaction amount of Rs. 32,640/- to the Complainant along with compensation of Rs. 5,000/-.

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

    Hyderabad District Commission Holds LIC Liable For Repudiation Of Valid Claim Based On Insured's Subsequent Policy With Another Insurance Co.

    The District Consumer Disputes Redressal Commission-III, Hyderabad (Telangana) bench comprising Sri M. Ram Gopal Reddy (President), Smt. J. Shyamala (Member) and Sri R. Narayan Reddy (Member) held Life Insurance Corporation of India (LIC) liable for deficiency in services. LIC repudiated a valid life insurance claim based on non-disclosure of the insured's subsequent policy with another insurance company. The District Commission observed that the second insurance policy at another company was availed after the LIC policy. Therefore, the question of non-disclosure did not arise. Thereafter, the District Commission directed LIC to pay Rs. 8 Lakh to the nominees along with Rs. 25k compensation and Rs. 5k litigation costs.

    Jodhpur (Rajasthan) District Consumer Disputes Redressal Commission-II

    Cancellation Of Bus An Hour Before Departure, Jodhpur District Commission Holds Travel Agency Liable

    The District Consumer Disputes Redressal Commission-II, Jodhpur (Rajasthan) bench comprising Shyam Sundar (President) and Balveer Khurkhuria (Member) held Shri Nathnama Travel Agency liable for cancelling the passenger's bus at the last moment without any justifiable reason. The passenger was left stranded and had to incur additional expenses.

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

    Wrongful Repudiation Of Insurance Despite Full Disclosures By Insured, Chandigarh District Commission Holds Kotak Mahindra Life Insurance Liable

    The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench comprising Pawanjit Singh (President) and Surjeet Kaur (Member) held Kotak Mahindra Life Insurance Company Ltd. liable for deficiency in services for repudiation of a genuine claim filed by the Complainant. The bench directed it to pay the claim amount of ₹ 79,90,953/- to the Complainant and pay a compensation of ₹ 20,000/- along with ₹ 10,000/- for the litigation costs.

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

    Failure To Replace Defective Phone Parts, Chandigarh District Commission Holds OnePlus And Its Service Provider Liable For Deficiency In Service

    The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench comprising Pawanjit Singh (President) and Surjeet Kaur (Member) held OnePlus and its service centre liable of deficiency in services and unfair trade practices for failure to provide a satisfactory solution to the genuine grievance of the Complainant for repair of the phone which was under warranty. The bench directed them to pay a compensation of Rs. 20,000/- to the Complainant along with Rs. 7,000/- for the litigation costs incurred by her.

    Bangalore I Additional District Consumer Disputes Redressal Commission

    Mahindra & Mahindra And Its Dealer Held Liable For Failure To Replace Rusted Car Parts Despite Valid Warranty, Bangalore District Commission Orders Compensation

    The Bangalore I Additional District Consumer Disputes Redressal Commission bench comprising B. Narayanappa (President), Jyothi N (Member) and Sharavathi S.M. (Member) held Mahindra & Mahindra Ltd. And its dealer liable for deficiency in service for failure to replace the rusted parts of the Complainant's car and rectify the defects free of cost under warranty.

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

    Failure To Provide Preferred Bride Suggestions, Chandigarh District Commission Holds Wedding Wish Pvt. Ltd. Liable For Deficiency In Service

    The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench comprising Pawanjit Singh (President) and Surjeet Kaur (Member) held Wedding Wish liable of deficiency in services for failure to provide matching profiles to the Complainant which didn't align with his preferences. The bench directed it to refund Rs. 25,000/- to the Complainant along with a compensation of Rs. 5,000/- and Rs. 7,500/- for the litigation costs.

    Ernakulam District Consumer Disputes Redressal Commission

    Ernakulam District Commission Holds Oneplus Liable For Failure To Provide Spare Parts

    The Ernakulam District Consumer Disputes Redressal Commission, headed by D.B. Binu as President, alongside members V. Ramachandran and Sreevidhia. T.N. held OnePlus over deficiency in service due to failure to provide the necessary spare parts for the product to address the defects.

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

    Chandigarh District Commission Holds HDFC Ergo General Insurance Co. Liable For Wrongful Repudiation Of An Accidental Claim

    The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench comprising Pawanjit Singh (President) and Surjeet Kaur (Member) held HDFC Ergo General Insurance Company Limited liable of deficiency in services for repudiation of a genuine claim where the Complainant was involved in an accident which resulted in complete loss of the vehicle and death of his helper. The bench directed it to pay the claim amount of ₹ 14,99,000/- to the Complainant and pay a compensation of ₹ 40,000/- along with ₹ 10,000 for the litigation costs.

    Jaipur (Rajasthan) District Consumer Disputes Redressal Commission-I

    Wrongful Deduction Of Money From Credit Account, Jaipur District Commission Holds SBI Liable For Deficiency In Service

    The District Consumer Disputes Redressal Commission-I, Jaipur (Rajasthan) bench comprising Shri Subesingh Yadav (President) and Shrimati Neelam Sharma (Member) held State Bank of India (SBI) liable for deficiency in service for wrongfully deducting money from the Complainant's account and failing to resolve the issue.

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

    Hyderabad District Commission Holds New India Assurance Co. Liable For Wrongful Repudiation Of Corona Kavach Insurance Claim

    The District Consumer Disputes Redressal Commission – I, Hyderabad (Telangana) bench comprising B. Uma Venkata Subba Lakshmi (President) and C. Lakshmi Prasanna (Member) held the New India Assurance Company Ltd liable for deficiency in services for falsely repudiating the claim even though the Complainant submitted the registration certificate of the hospital. The District Commission held that insurance companies cannot adopt a hands-off approach regarding claims during a pandemic when people are facing hardship. The bench directed it to pay the insurance claim of Rs. 45,840/- and pay a compensation of Rs. 10,000/- along with Rs. 10,000/- for the litigation costs to the Complainant.

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

    Failure To Refund Money Deducted From Unauthorized Transactions, Hyderabad District Commission Holds Union Bank of India Liable

    The District Consumer Disputes Redressal Commission – I, Hyderabad (Telangana) bench comprising B. Uma Venkata Subba Lakshmi (President) and C. LAKSHMI PRASANNA (Member) held Union Bank of India liable for deficiency in services for failure to provide security measures to the Complainant's bank account and her credit card which resulted in unauthorized transactions of Rs. 88,232/- from her account. The bench, noting that the bank already paid Rs. 20,790/-, directed it to pay Rs. Rs. 67,437.52/- and pay a compensation of Rs. 20,000/- along with Rs. 20,000/- for the litigation costs to the Complainant.

    Ernakulam District Consumer Disputes Redressal Commission

    Ernakulam District Commission Holds Glow Designers For Deficiency In Service Over Delayed Delivery Of Designer Wear For A Baptism Function

    The Ernakulam District Consumer Disputes Redressal Commission, headed by D.B. Banu as President, alongside members V. Ramachandran and Sreevidhia. T.N. held Glow Designers liable for deficiency in service and unfair trade practices over the delivery of subpar products to the complainant.

    District Consumer Disputes Redressal Commission, Kurukshetra (Haryana)

    Failure To Reimburse Full Amount, Kurukshetra District Commission Holds Bajaj Allianz General Insurance Co. Liable For Deficiency In Service

    The District Consumer Disputes Redressal Commission, Kurukshetra (Haryana) bench comprising Dr Neelima Shangla (President), Neelam (Member) and Ramesh Kumar (Member) held Bajaj Allianz General Insurance Company Limited liable for deficiency in service for failing to reimburse the full amount of vehicle repair expenditure incurred during a hit and run case. The bench directed the insurance company to pay the claim amount of Rs. 6,961/- and pay a compensation of Rs. 5,500/- to the Complainant.

    Ernakulam District Consumer Disputes Redressal Commission

    Ernakulam District Commission Holds Samsung India Liable For Not Providing Post Purchase Services

    The Ernakulam District Consumer Disputes Redressal Commission, headed by D.B. BInu as President, alongside members V. Ramachandran and Sreevidhia. T.N., in a complaint against Samsung India, was determined that the manufacturer's incapacity to offer spare parts shortly after the purchase raises doubts about their dedication to post-purchase service, amounting to a deficiency in service.

    District Consumer Disputes Redressal Commission-II, New Delhi

    Standard Chartered Bank Held Liable For Exceeding Credit Card Expenditure Limit Without Customer's Prior Consent

    The District Consumer Disputes Redressal Commission-II, New Delhi bench comprising Monika Srivastava (President), Kiran Kaushal (Member) and Umesh Kumar Tyagi (Member) held Standard Chartered Bank liable for deficiency in services for converting the credit amount of different credit cards owned by the Complainants into instalments without permission. The bench directed it to pay a compensation of Rs. 20,000/- to the Complainants.

    District Consumer Disputes Redressal Commission, Bangalore (Karnataka)

    Hotel Booked Through MakeMyTrip Denies Accommodation, Traveller Left Stranded; Bangalore District Commission Holds MakeMyTrip Liable

    The District Consumer Disputes Redressal Commission, Bangalore (Karnataka) bench comprising M Shobha (President), K Anita Shivakumar (Member) and Suma Anil Kumar (Member) held MakeMyTrip liable for deficiency in services and unfair trade practices for failure to assist the Complainant when a hotel based in London informed him that no reservation existed in his name.

    The bench directed it to pay Rs. 4,34,420/- for the alternate arrangement made by the Complainant along with Rs.1,00,000/- as compensation and Rs.20,000/- towards litigation costs incurred by him. It was also directed to deposit Rs. 25,000/- for punitive damages in the consumer welfare fund.

    Ernakulam District Consumer Disputes Redressal Commission

    Ernakulam District Commission holds Asten Properties Liable For Delay In Handing Over The Booked Flat

    The Ernakulam District Consumer Disputes Redressal Commission, headed by D.B. BInu as President, alongside members V. Ramachandran and Sreevidhia. T.N. held Asten Properties liable for deficiency in service and unfair trade practices over the delay in handing over the booked flat. Despite the developer's argument about the existence of an arbitration clause, the commission emphasized that such a clause does not negate the Consumer Commission's jurisdiction.

    District Consumer Disputes Redressal Commission, Bangalore (Karnataka)

    Unilateral Cancellation Of Order And Failure To Refund In Source Account, Bangalore District Commission Holds Myntra Liable

    The District Consumer Disputes Redressal Commission, Bangalore (Karnataka) bench comprising M. Shobha (President), Suma Anil Kumar (Member) and Anita Shivakumar (Member) held Myntra of unfair trade practices for unilaterally cancelling an order without the consumer's consent and crediting the refund amount as store credit in Myntra account. The bench directed it to either complete and deliver the order or pay the order amount of Rs. 63,768/- along with Rs. 20,000/- for compensation and Rs. 5,000/- for the litigation costs to the Complainant. It was also directed to deposit Rs. 20,000/- in the consumer welfare fund.

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

    Broken Seats In Business Class, Passengers Forced To Use Stools; Chandigarh District Commission Holds Air India Liable

    The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench comprising Pawanjit Singh (President) and Suresh Kumar Sardana (Member) held Air India liable of deficiency in services for failure to provide services to the Complainants who booked flight tickets from New York to Delhi worth Rs. 8,24,964/-. During their journey, the complainants were forced to use stools to support themselves which also exacerbated their medical condition. Keeping all facts in mind, the District Commission directed Air India to pay a compensation of Rs. 50,000/- and Rs. 10,000/- litigation costs.

    District Consumer Disputes Redressal Commission-I (North District), Delhi

    Can't Repudiate Claim Based On Clauses Not Supplied To Insured, North Delhi District Commission Holds National Insurance Co. Liable

    The District Consumer Disputes Redressal Commission-I (North District), Delhi bench comprising Divya Jyoti Jaipuriar (President), Ashwani Kumar Mehta (Member) and Harpreet Kaur Chayra (Member) held National Insurance Co. Ltd. liable for deficiency in service for repudiation of a valid claim, based on an exclusion clause which was never supplied to the Complainant. The bench directed the insurance company to pay Rs. 1,00,000/- to the Complainant and pay a compensation of Rs. 50,000/- to him. Additionally, it imposed costs of Rs, 20,000/- on the agent of the insurance company.

    District Consumer Disputes Redressal Commission-I, Chandigarh

    Downgrading Tickets From 2nd AC To 3rd AC Without Prior Notification, Chandigarh District Commission Holds Chandigarh Railways And IRCTC Liable

    The District Consumer Disputes Redressal Commission-I, Chandigarh bench comprising Pawanjit Singh (President) and Suresh Kumar Sardana (Member) held Chandigarh Railways and IRCTC liable of deficiency in services and unfair trade practices for unilaterally downgrading the train tickets from 2 AC berths to that of 3 AC. The bench noted that they were obligated to provide refund to the Complainant under the Consumer Protection (E-Commerce) Rules, 2020. It directed them to refund the ticket difference of ₹1,005/- and pay a compensation of ₹5,000/- along with ₹4,000/- for the litigation costs incurred by the Complainant.

    District Consumer Disputes Redressal Commission-I (North District), Delhi

    Failure To Deliver Missing Items Or Provide Refund, North Delhi District Commission Directs Big Bazar Liable For Deficiency In Service

    The District Consumer Disputes Redressal Commission-I (North District), Delhi bench comprising Divya Jyoti Jaipuriar (President), Ashwini Kumar Mehta (Member) and Harpreet Kaur Charya (Member) held Big Bazar liable for deficiency in services and unfair trade practices for failure to refund money for the items missing in the order delivered to the Complainant. The bench directed Big Bazar to refund Rs. 546/- to the Complainant along with compensation of Rs. 10,000.

    District Consumer Disputes Redressal Commission, Ambala (Haryana)

    Charging Rs. 7 For Carry Bag Without Adequately Notifying Customers, Ambala District Commission Directs Big Bazaar To Pay Rs. 3k Compensation

    The District Consumer Disputes Redressal Commission, Ambala (Haryana) bench comprising Neena Sandhu (President), Ruby Sharma (Member) and Vinod Kumar Sharma (Member) held Big Bazar liable for deficiency in services for charging Rs. 7/- for a carry bag without adequately informing the Complainant for the additional charge. The bench directed it to refund Rs. 7/- and pay a compensation of Rs. 3,000/- to the Complainant.

    District Consumer Disputes Redressal Commission, Medak (Telangana)

    Explosion Of Falcon E-Scooter, Manufacturer And Dealer Liable Under 'Product Liability' Laws, Medak District Commission Orders Rs. 10 Lakh Compensation

    The District Consumer Disputes Redressal Commission, Medak (Telangana) bench comprising Sri Gajjala Venkateswarlu (President) and Sri Makyam Vijay Kumar (Member) held Benling India Energy and its dealer, M/s SAN Motors liable under the product liability laws pursuant to the explosion of an e-scooter in the Complainants' premises. Referring to sections 84 to 86 of the Consumer Protection Act, 2019, the District Commission outlined the avenues for consumers to claim remedies against product manufacturers for unreasonably dangerous and defective goods likely to jeopardize user safety. A total compensation of Rs. 10 Lakhs was ordered to be paid to the Complainant along with Rs. 10,000 legal costs.

    District Consumer Disputes Redressal Commission, Kurukshetra (Haryana)

    Failure To Resolve Issues With Amazon Pay Wallet, Kurukshetra District Commission Holds Amazon Seller Services Liable

    The District Consumer Disputes Redressal Commission, Kurukshetra (Haryana) bench comprising of Dr. Neelima Shangla (President), Neelam (Member) and Ramesh Kumar (Member) held liable Amazon for failing to provide services of its wallet, Amazon Pay, to the Complainant in which he deposited Rs. 10,000. The bench directed it to refund Rs. 10,000 to the Complainant.

    District Consumer Disputes Redressal Commission-I, Chandigarh bench

    No Connection Between Pre-Existing Ailment And Death, Chandigarh District Commission Holds Canara HSBC Insurance Co. Liable

    The District Consumer Disputes Redressal Commission-I, Chandigarh bench comprising Pawanjit Singh (President), Surjeet Kaur (Member) and Suresh Kumar Sardana (Member) held Canara HSBC Insurance Company Ltd. liable for repudiation of the claim based on previous ailments without conducting medical examination of the insured before issuance of the policy. The bench directed it to pay the claim money of ₹ 10,18,726/- and compensation of ₹ 50,000/- along with ₹ 10,000/- for the litigation costs to the Complainant.

    District Consumer Disputes Redressal Commission, Gurgaon (Haryana)

    OYO Customer Denied Accommodation Despite Confirmed Booking, Gurgaon District Commission Holds OYO Liable For Deficiency In Service

    The District Consumer Disputes Redressal Commission, Gurgaon (Haryana) bench comprising Sanjeev Jindal (President), Jyoti Siwach (Member) and Kushwinder Kaur (Member) held Oyo liable for deficiency in services for the inconvenience caused to the Complainant and his guest when he was denied accommodation in an Oyo hotel even after making payment.

    District Consumer Disputes Redressal Commission, Ludhiana (Punjab)

    Failure To Update CIBIL Score, Ludhiana District Commission Holds Standard Chartered Bank Liable

    The District Consumer Disputes Redressal Commission, Ludhiana (Punjab) bench comprising Sanjeev Batra (President), Jaswinder Singh (Member) and Monika Bhagat (Member) held Standard Chartered Bank liable for deficiency in services for indicating an outstanding amount of Rs. 1,00,000/- in the Complainant's CIBIL Score even though he settled all the claims with the bank.

    District Consumer Disputes Redressal Commission, Panchkula (Punjab)

    Failure To Deliver Dining Set, Panchkula District Commission Holds Flipkart And Its Seller Liable For Deficiency In Services

    The District Consumer Disputes Redressal Commission, Panchkula (Punjab) bench comprising Satpal (President), Dr. Sushma Garg (Member) and Dr. Barhm Prakash Yadav (Member) held Flipkart and its seller liable for deficiency in services for failure to deliver the product and refunding money four months after filing the complaint. The bench directed it to pay the interest rate of four months on the refund amount and pay a compensation of Rs. 5,000 to the Complainant.

    District Consumer Disputes Redressal Commission – I, Hyderabad

    Hyderabad District Commission Holds Volkswagen India, Dealer Liable For Unilateral Price Increase & Delivery Of Car With Scratches

    The District Consumer Disputes Redressal Commission – I, Hyderabad bench comprising B. Uma Venkata Subba Lakshmi (President), C Lakshmi Prasanna (Member) and B Rajareddy (Member) held Volkswagen and its showroom liable for deficiency in services for increasing the price of the vehicle without informing the Complainant and selling a vehicle with defective screen and scratches all over the dashboard and horn pad. It directed them to pay Rs. 2,00,000/- as compensation to the Complainant and to replace the defective parts of the vehicle along with paying Rs. 20,000/- for the litigation costs incurred by him.

    District Consumer Disputes Redressal Commission, Kollam (Kerala)

    'Mild Symptoms' No Ground To Repudiate Insurance Claim Of Policy Holder Hospitalised On Account Of Covid-19: Kollam Consumer Commission

    The District Consumer Disputes Redressal Commission, Kollam (Kerala) recently held that the insurance claim of a Corona Rakshak Policyholder cannot be declined merely citing mildness of his symptoms. Bench comprising Smt. S.K. Sreela (President) and Sri. Stanly Harold (Member) thus held Future Generali India Insurance Company liable for wrongfully repudiating the claim of the Complainant for COVID-19 hospitalization.

    District Consumer Disputes Redressal Commission, Mohali (Punjab)

    Civil Aviation Rules Do Not Absolve Airlines For Cancellation Due To Force Majeure Events, Mohali District Commission Directs Air India To Refund Amount

    The District Consumer Disputes Redressal Commission, Mohali (Punjab) bench comprising S.K. Aggarwal (President) and Paramjeet Kaur (Member) held Air India liable for deficiency in services for failure to refund the ticket price after the cancellation of the flight from Delhi to Chandigarh due to weather conditions. The bench directed Air India to refund Rs. 6,464/- to the Complainant along with Rs. 20,000/- as compensation for the mental distress, harassment, and litigation expenses endured by the Complainant.

    District Consumer Disputes Redressal Commission, Bangalore Urban, (Karnataka)

    Failure To Deactivate Account Despite Multiple Unauthorized Transactions, Bangalore District Commission Holds Myntra Liable

    The District Consumer Disputes Redressal Commission, Bangalore Urban, (Karnataka) bench comprising M Shobha (President), K Anita Shivakumar (Member) and Anil Kumar (Member) held Myntra liable for deficiency in services and unfair trade practices for failure to safeguard the credit points in Complainant's account which led to multiple unauthorized transactions. The bench directed it to refund Rs. 45,489/- to the Complainant along with a compensation of Rs. 8,000/- and Rs. 5,000/- for the litigation costs incurred by her. It was also directed to deposit Rs. 25,000/- in the Consumer Welfare Fund.

    District Consumer Disputes Redressal Commission-I (North District), Delhi

    Failure To Deliver And Concealment Of Service Deficiencies, North Delhi District Commission Directs DTDC To Pay Rs. 1.25 Lakh Compensation

    The District Consumer Disputes Redressal Commission-I (North District), Delhi bench comprising Diva Jyoti Jaipuriar (President) and Ashwani Kumar Mehta (Member) held DTDC liable for deficiency in services for failure to deliver the complete order by the promised delivery date. The bench directed it to pay Rs. 1,25,000/- as compensation to the Complainant and deposit Rs. 50,000/- in the State Consumer Welfare Fund.

    District Consumer Disputes Redressal Commission, Bathinda (Punjab)

    Bhatinda District Commission Holds Vishal Mega Mart And Air Plaza Retail Liable For Failure To Honour 'Buy One Get One Free' Scheme

    The District Consumer Disputes Redressal Commission, Bathinda (Punjab) bench comprising Justice RL Mittal (President) and Sharda Attari (Member) held Vishal Mega Mart and its parent company, Air Plaza Retail Holdings Pvt. Ltd., liable for deficiency of services for charging the price for an item which was advertised as “buy one get one free”. The bench directed them to pay the excess amount of Rs. 194.18/- and a compensation of Rs. 10,000/- to the Complainant along with Rs. 5,000/- for the litigation costs incurred by him.

    District Consumer Disputes Redressal Commission Rohtak (Haryana)

    Rohtak District Commission Holds Reliance Trends Liable For Charging Rs. 7 For Carry Bag Having Its Logo

    The District Consumer Disputes Redressal Commission Rohtak (Haryana) bench comprising Nagender Singh Kadian (President), Tripti Pannu (Member) and Vijender Singh (Member) held Reliance Trends and its parent company, Reliance Retail liable for unfair trade practices for charging Rs. 7/- for carry big without the consent of the Complainant.

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

    Failure To Refund Air Ticket Price Booked During Covid-19, Hyderabad District Commission Directs Etihad To Process Refund, Pay Compensation

    Case Title: Mr. Mayur Mullaguri and Anr. vs M/s Etihad Airways and Anr.

    The District Consumer Disputes Redressal Commission-III, Hyderabad (Telangana) bench comprising Ram Gopal Reddy (President), J Shyamala (Member) and R Narayan Reddy (Member) held Etihad Airways liable for deficiency in services and unfair trade practices for failure to refund the air ticket price following the cancellation of flight due to COVID-19 restrictions. The bench directed it to refund the amount of Rs. 2,76,709/- and pay a compensation of Rs. 50,000/- along with Rs. 5,000/- for litigation costs.

    District Consumer Disputes Redressal Commission, Panchkula (Haryana)

    Panchkula District Commission Holds Max Life Insurance Co. Liable For Failure To Provide Payment Breakdown And Wrongfully Increasing Premiums

    The District Consumer Disputes Redressal Commission, Panchkula (Haryana) bench comprising Satpal (President), Dr Sushma Garg (Member) and Dr Barhm Parkash Yadav (Member) held Max Life Insurance Co. Ltd liable for deficiency in services for failure to provide a breakdown of the bonus payment after the maturity of the insurance and for arbitrarily increasing the premium. The bench directed it to refund the increased premium collected from the Complainant and pay a compensation of Rs. 5,000/- to the Complainant along with Rs. 5,000/- for the litigation costs incurred by him.

    District Consumer Disputes Redressal Commission Kolkata Unit – II (West Bengal)

    Documents Destroyed Due To Fire In Storage Area, Kolkata District Commission Holds IDBI Bank Liable

    The District Consumer Disputes Redressal Commission Kolkata Unit – II (West Bengal) bench comprising Sukla Sengupta (President) and Reyazuddin Khan (Member) held IDBI Bank liable of deficiency in services for its failure to take utmost care of security and safety of the original documents stored in its storage facility which resulted in destruction of the original documents in a fire incident.

    District Consumer Disputes Redressal Commission-I, Chandigarh

    Chandigarh District Commission Holds Punjab State Federation Of Corporative Housing Building Society Liable For Unreasonable Delay, Unilateral Change In T&C

    The District Consumer Disputes Redressal Commission-I, Chandigarh bench comprising Pawanjit Singh (President), Surjeet Singh (Member) and Suresh Kumar Sardana (Member) held Punjab State Federation of Cooperative House Building Society Ltd. liable for deficiency in services and unfair trade practices for collecting money without the final sanction of the layout by the authorities and arbitrary delay in construction and the unilateral change in terms and conditions. It was directed to refund Rs. 9,00,500/- to the Complainant and pay Rs. 30,000/- compensation and Rs. 10,000/- for the litigation costs incurred by the Complainant.

    District Consumer Disputes Redressal Commission-II, Jodhpur (Rajasthan)

    Jodhpur District Commission Holds AU Small Finance Bank For Failure To Sanction Requested Amount Despite Issuing Acceptance Letter

    The District Consumer Disputes Redressal Commission-II, Jodhpur (Rajasthan) bench comprising Mr Shyam Sundar (President) and Mr Balvir (Member) held AU Small Finance Bank Ltd. Liable for deficiency in service and unfair trade practice for failure to sanction the loan for the requested amount despite issuing a letter of acceptance to the Complainant, leading to a great financial loss to him. The District Commission directed it to refund half of the processing fee submitted by the Complainant along with Rs. 5000 for compensation for mental agony and litigation costs.

    District Consumer Disputes Redressal Commission, Panchkula

    Panchkula District Commission Holds GoIbibo & Aeroflot Airlines Liable For Failure To Inform Flight Rescheduling, Provide Vegetarian Meal

    The District Consumer Disputes Redressal Commission, Panchkula bench comprising Satpal (President), Sushma Garg (Member) and Dr. Barhm Parkash Yadav (Member) held GoIbibo and Aeroflot Airlines for negligence and deficiency in services for failure to inform the Complainant about the rescheduling of the flight and failure to provide vegetarian food to the Complainant. The bench directed them to pay a compensation of Rs. 10,000/- along with Rs. 5,500/- for the litigation costs incurred by the Complainant.

    District Consumer Disputes Redressal Commission, Panipat (Haryana)

    Failure To Settle Personal Accidental Insurance Policy, Panipat District Commission Holds PNB Liable For Deficiency In Service

    The District Consumer Disputes Redressal Commission, Panipat (Haryana) held Punjab National Bank liable for deficiency in services for failure to settle the claim of Rs. 18 lakh after the demise of a valid policyholder. The bench directed PNB to pay the claim amount of Rs. 18 lakh to the nominee and pay Rs. 5,000 compensation along with Rs. 5,500 for the litigation costs incurred by her.

    District Consumer Disputes Redressal Commission-II, Jodhpur (Rajasthan)

    Lapse Of Policy Due To Insurance Co's Error, Jodhpur District Commission Holds Future General Insurance Solutions Liable

    The District Consumer Disputes Redressal Commission-II, Jodhpur (Rajasthan) bench comprising Dr. Shyam Sundar (President) and Afsana Khan (Member) held Future General Total Insurance Company liable for deficiency in service for wrongfully charging the insured based on 'no-payment received' despite faulting at its end. The District Commission concluded that the insurance company committed an error or negligence by not presenting the cheque in the bank, thereby resulting in the lapse of the insured's insurance policy.

    District Consumer Disputes Redressal Commission, Panchkula

    Banks Ought To Investigate Fraudulent Transactions Per RBI Guidelines, Panchkula District Commission Holds SBI Liable

    The District Consumer Disputes Redressal Commission, Panchkula bench comprising Satpal (President), Dr Sushma Garg (Member) and Dr Barhm Parkash Yadav (Member) held State Bank of India liable for deficiency in services for its failure to provide safety and security of electronic banking transactions which resulted in unauthorized transactions of Rs. 64,999/- from the Complainant's bank account. The bench directed SBI to pay Rs. 64,999/- to the Complainant and pay compensation of Rs. 10,000/- to the Complainant along with Rs. 5,500/- for the litigation costs.

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

    Chandigarh District Commission Holds United India Insurance Co. Liable For Repudiation Based On Terms Not Adequately Informed To Insured

    The District Consumer Disputes Redressal Commission-II, U.T. Chandigarh bench comprising Mr Amrinder Singh Sidhu (President) and Mr B.M. Sharma (Member) held United India Insurance Company Limited liable for repudiating an accidental claim based on certain terms which were never supplied to the insured. The Insurance Company was directed to disburse the full claim payment, as originally communicated by the agent.

    III Additional Bangalore Urban District Consumer Disputes Redressal Commission, Bengaluru (Karnataka)

    Bangalore District Commission Holds Justdial Liable For Failure To Provide Customer Leads Despite Receiving Payment By Coaching Institute

    The III Additional Bangalore Urban District Consumer Disputes Redressal Commission, Bengaluru (Karnataka) bench comprising Shivarama K (President), Rekha Sayannavar (Member) and Chandrashekar S Noola (Member) held Justdial liable of deficiency in services and unfair trade practices for failure to render its services to provide consumer leads to a coaching institute despite receiving payments for advertisements. The bench directed Justdial to refund Rs. 6 lakh to the Complainant and pay a compensation of Rs. 30,000/- to the Complainant along with Rs. 10,000/- for the litigation costs.

    New Delhi District Consumer Disputes Redressal Forum-II

    Flight Cancellation And No Support To Passenger, New Delhi District Commission Holds Air India Liable

    The District Consumer Disputes Redressal Forum-II, New Delhi bench comprising Monika A Srivastava (President), Kiran Kaushal (Member) and UK Tyagi (Member) held Air India Limited liable for deficiency in services and negligence for failure to provide compensation to the Complainants after the cancellation of the flight 25 minutes before the departure. The bench directed the airline to pay compensation and litigation costs of Rs. 10,000/- to the Complainants.

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

    Recurring Defects In Newly Purchased Laptop, Hyderabad District Commission Orders Lenovo To Refund Purchase Amount And Pay Compensation

    The District Consumer Disputes Redressal Commission – I, Hyderabad (Telangana) bench comprising B. Uma Venkata Subba Lakshmi (President) and C. Lakshmi Prasanna (Member) held Lenovo India liable for deficiency in services and unfair trade practices for selling a defective product to the Complainant. The bench directed it to pay the price of the laptop of Rs. 61,441/- to the Complainant and compensation of Rs.20,000/- along with Rs.10,000/- for the litigation costs.

    District Consumer Disputes Redressal Commission, Gurgaon (Haryana)

    Gurgaon District Commission Holds Zudio Solutions Liable For Charging Rs. 10 For Carry Bag, Orders Rs. 15,000 Compensation, Rs. 11k Legal Costs

    The District Consumer Disputes Redressal Commission, Gurgaon (Haryana) bench comprising Sanjeev Jindal (President), Jyoti Siwach (Member) and Khuswinder Kaur (Member) held Zudio Solutions liable for deficiency in services and unfair trade practices for charging Rs. 10/- for the carry bag from the Complainant. The bench directed Zudio Studios to refund Rs. 10/- to the Complainant and pay a compensation of Rs. 15,000/- to the Complainant along with Rs. 11,000/- for the litigation costs.

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

    Malfunctioning Of Phone Within 1 Year Of Purchase, Hyderabad District Commission Holds Realme Liable For Deficiency In Service

    The District Consumer Disputes Redressal Commission – I, Hyderabad (Telangana) bench comprising B. Uma Venkata Subba Lakshmi (President) and B. Rajareddy (Member) held Realme liable for deficiency in services for selling a mobile phone which started experiencing issues with battery backup and display within one year of the purchase. The bench directed it to refund the amount of Rs. 10,499/- to the Complainant and pay a compensation of Rs. 5,000/- along with Rs. 5,000/- for the litigation costs incurred by her.

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

    Chandigarh District Commission Holds Go Digit Insurance Liable For Failure To Settle Genuine Accidental Claim Timely

    The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench comprising Pawanjit Singh (President) and Surjeet Kaur (Member) held Go Digit General Insurance Ltd. liable of deficiency in services for failure to settle a genuine claim within its settlement commitment of 30 days. The bench directed it to pay the claim of Rs. 13,36,080/- to the Complainant and pay a compensation of Rs. 20,000/- along with Rs. 10,000/- for the litigation costs incurred by him.

    District Consumer Disputes Redressal Commission, Panchkula (Haryana)

    Panchkula District Commission Holds Amazon Liable For Failure To Refund Damaged Foot Massager, Orders Refund And Compensation

    The District Consumer Disputes Redressal Commission, Panchkula (Haryana) bench comprising Satpal (President), Dr Sushma Garg (Member) and Dr Barhm Parkash Yadav (Member) held Amazon liable for deficiency in services for selling a foot massager which was severely damaged due to torn packaging to the Complainant and failure to refund the amount. The bench directed Amazon to refund the sum of Rs.39,000/- to the Complainant and pay a compensation of Rs.15,000/- along with Rs.7,500/- for the litigation costs.

    District Consumer Disputes Redressal Commission, Ludhiana (Punjab)

    Prior Notice Mandatory For Penalising HUF For Conducting Business Activity Via Savings Account, Ludhiana District Commission Holds SBI Liable

    The District Consumer Disputes Redressal Commission, Ludhiana (Punjab) bench comprising Sanjeev Batra (President) and Monika Bhagat (Member) held State Bank of India liable for deficiency in services for deducting Rs.7183/- from the Complainant's account labelling as “other miscellaneous services” without providing adequate notice and satisfactory reasons. The bench directed the bank to refund the amount of Rs. 7183/- to the Complainant along with Rs.10,000/- as compensation.

    Consumer Disputes Redressal Commission, Kasaragod (Kerala)

    Kasaragod District Commission Holds Pizza Hut Liable For Charging Excessively For Lime Water And Failure To Provide A.C. Services

    The Consumer Disputes Redressal Commission, Kasaragod (Kerala) bench comprising Krishnan K (President) and Beena KG (Member) held Pizza Hut liable for deficiency in services and unfair trade practices for failure to provide air conditioning services and charging Rs. 99/- for one glass of lime water, whereas the prevailing standard rate was Rs. 10/-. The bench directed Pizza Hut to refund the excess amount and pay a compensation of Rs. 5,000/- along with Rs. 3,000/- for the litigation costs to the Complainant.


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