Consumer Cases Weekly Round-Up: 1st to 7th July,2024
Apoorva Pandita
13 July 2024 9:00 PM IST
Orissa High Court Consumer Commission Has No Jurisdiction To Entertain Matters Coming Under Purview Of SARFAESI Act: Orissa High Court Case Title: The Chief Manager-cum-Authorized Officer, Union Bank of India, Jharsuguda v. Rajesh Kumar Agrawal & Anr. The Orissa High Court has held that the Consumer Commissions do not have jurisdiction to entertain any suit or proceeding...
Orissa High Court
Case Title: The Chief Manager-cum-Authorized Officer, Union Bank of India, Jharsuguda v. Rajesh Kumar Agrawal & Anr.
The Orissa High Court has held that the Consumer Commissions do not have jurisdiction to entertain any suit or proceeding which is subject matter of adjudication by Debt Recovery Tribunal (DRT) or Appellate Tribunal under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act').
West Bengal State Commission
Not Obtaining Written Consent Before Treatment Is Medical Negligence: West Bengal State Commission
Case Title: Dr. Prasenjit Das Vs. Smt. Aditi Sarkar(Minor)
The West Bengal State Commission, presided by Justice Manojit Mandal, held a doctor liable for deficiency in service by committing medical negligence by not obtaining written consent from the patient before the treatment.
District Consumer Disputes Redressal Commission
Case Title: Ganesh Dass Nagpal and Anr. vs Air India and Anr.
The District Consumer Disputes Redressal Commission, Ambala (Haryana) bench of Neena Sandhu (President) and Vinod Kumar Sharma (Member) held Air India liable for deficiency in services for its failure to refund the ticket price following the cancellation of flights due to the COVID-19 pandemic.
District Consumer Disputes Redressal Commission, Hisar (Haryana)
Case Title: Vikram vs New India Assurance Co. Ltd. and Anr.
The District Consumer Disputes Redressal Commission, Hisar (Haryana) bench of Jagdeep Singh (President), Rajni Goyat (Member) and Amita Agarwal (Member) held New India Assurance Company liable for wrongful repudiation of a genuine claim under Pandit Deen Dayal Upadhyayay Pashu Beema Yojna (Govt. of Haryana) due to a clerical error.
District Consumer Disputes Redressal Commission, Udupi (Karnataka)
Case Title: Mr. Agam R vs M/s. Myntra Designs Private Limited
The District Consumer Disputes Redressal Commission, Udupi (Karnataka) bench of Sunil T. Masaraddi (President) and Sujata B. Koralli (Member) held Myntra and Titan liable for deficiency in services for delivering a different branded watch instead of Tommy Hilfiger and subsequently failing to refund the money.
District Consumer Disputes Redressal Commission, Vellore (Tamil Nadu)
Case Title: K. Sigamani vs The Tahsildar, Taluk Office and Anr.
The District Consumer Disputes Redressal Commission, Vellore (Tamil Nadu) bench of Meenakshi Sundaram (President) and Asghar Khan (Member) held the Tahsildar of Anaicut Taluk village and the District Collector of Sathuvachari District, Vellore, liable for deficiency in services for their failure to measure the property of the Complainant despite the Complainant paying necessary fees on three occasions.
District Consumer Disputes Redressal Commission-II, Visakhapatnam (Andhra Pradesh)
Case Title: Mutchakarla Naidu vs ICICI Prudential Life Insurance Company Limited and Anr.
The District Consumer Disputes Redressal Commission-II, Visakhapatnam (Andhra Pradesh) bench of G Venkateswari (President), P Vijaya Durga (Member) and Karaka Ramana Babu (Member) held ICICI Prudential Life Insurance Company liable for deficiency in services for acting in bad faith while dismissing a genuine insurance claim and for taking an inconsistent stance throughout the proceedings.
District Consumer Disputes Redressal Commission, Hisar (Haryana)
Case Title: Sumit Pannu vs Xiaomi Technology India Private Limited and Ors.
The District Consumer Disputes Redressal Commission, Hisar (Haryana) bench of Jagdeep Singh (President), Rajni Goyat (Member) and Amita Agarwal (Member) held Xiaomi Technology India Pvt. Ltd. and its authorized service centre liable for negligence and unfair trade practices due to their failure to repair a smartphone with manufacturing defects.
District Consumer Disputes Redressal Commission, Kannur (Kerala)
Case Title: Ajesh Kumar V.V. vs Adithya Birla Health Insurance Company Ltd.
The District Consumer Disputes Redressal Commission, Kannur (Kerala) bench of Ravi Susha (President), Molykutty Mathew (Member) and Sajeesh K.P. (Member) held Aditya Birla Health Insurance liable for deficiency in services due to its repudiation of a genuine claim without providing substantiating medical reports on alleged pre-existing conditions.
District Consumer Disputes Redressal Commission, Gurgaon (Haryana)
Case Title: Kiran Malhotra vs AEGON & Religare Life Insurance Company Limited
The District Consumer Disputes Redressal Commission, Gurgaon (Haryana) bench of Sanjeev Jindal (President) and Jyoti Siwach (Member) held AEGON & Religare Life Insurance Company liable for deficiency in services for repudiating a genuine medical claim despite receiving all necessary documents from the insured.
District Consumer Disputes Redressal Commission, Hisar (Haryana)
Case Title: Umed Kumar vs Flipkart Internet Private Limited and Anr.
The District Consumer Disputes Redressal Commission, Hisar (Haryana) bench of Jagdeep Singh (President), Rajni Goyat (Member) and Amita Agarwal (Member) held Flipkart liable for deficiency in services for failure to display the name, address, and contact details of sellers and failure to return the defective product provided to the Complainant.
District Consumer Disputes Redressal Commission, Udupi (Karnataka)
Case Title: Melwin D'Mello vs Bank of Baroda
The District Consumer Disputes Redressal Commission, Udupi (Karnataka) bench of Sunil T. Masaraddi (President) and Sujata B. Koralli (Member) held Bank of Baroda liable for deficiency in service for prematurely closing the fixed deposit of an NRI customer and erroneously adjusting it against another customer's loan account.
District Consumer Disputes Redressal Commission, Mysore (Karnataka)
Mysore District Commission Dismisses Complaint Against ICICI Lombard General Insurance Co.
Case Title: Nandini C.S. vs The Manager (Legal), M/s ICICI Lombard Gen
The District Consumer Disputes Redressal Commission, Mysore (Karnataka) bench of A.K. Naveen Kumari(President), M.K. Lalitha (Member) and Maruthi Vaddar (Member) dismissed a complaint against ICICI Lombard General Insurance Company for a personal accident cover, as the deceased driver was driving a borrowed vehicle. There was a lack of consumer-service provider relationship between the Insurance Company as the insurance policy was in the name of another insured person.
District Consumer Disputes Redressal Commission-II, Visakhapatnam (Andhra Pradesh)
Case Title: Jamana Vinay Kumar vs Amazon Seller Services Pvt. Ltd and Anr.
The District Consumer Disputes Redressal Commission-II, Visakhapatnam (Andhra Pradesh) bench of G Venkateswari (President), P Vijaya Durga (Member) and Karaka Ramana Babu (Member) held Amazon and its seller liable for deficiency in services due to their failure to facilitate the return of a product despite promising to do so.
District Consumer Disputes Redressal Commission, South Mumbai (Maharashtra)
Case Title: M/s. Sumit Tours & Travels vs Bajaj Allianz General Insurance Co. Ltd.
The District Consumer Disputes Redressal Commission, South Mumbai (Maharashtra) bench of P.G. Kadu(President), G.M. Kapse (Member) and S.A. Petkar (Member) held Bajaj Allianz General Insurance liable for deficiency in services due to the repudiation of a genuine claim of theft. The bench noted that the driver took reasonable care in safeguarding the vehicle, absolving the Complainant of negligence.
District Consumer Disputes Redressal Commission, Tiruvannamalai (Tamil Nadu)
Case Title: Mr. S. Diwakar vs Zoomcar India Private Ltd.
The District Consumer Disputes Redressal Commission, Tiruvannamalai (Tamil Nadu) bench of K. Ganesan(President) and R. Vijaya (Member) held Zoom Car liable for deficiency in services for providing a malfunctioning car to the Complainant, coupled with negligence in offering timely assistance and mishandling the situation.
District Consumer Disputes Redressal Commission, Mysore (Karnataka)
Mysore District Commission Holds Kotak Mahendra Insurance Co Liable For Dishonouring Policy Terms
Case Title: P. Shantharamu vs M/s. Kotak Mahendra Life Insurance Company Ltd.
The District Consumer Disputes Redressal Commission, Mysore (Karnataka) bench of Smt. A.K. Naveen Kumari(President), Smt. M.K. Lalitha (Member) and Sri. Maruthi Vaddar(Member) held Kotak Mahendra Life Insurance Co. liable for failure to honour policy terms which stipulated a 20% refund of the premium amount on withdrawal after 3 years of availing the policy.
District Consumer Disputes Redressal Commission, Mysore (Karnataka)
Case Title: Sri. Sreejith vs The Manager, Royal Enfield Global and Ors.
The District Consumer Disputes Redressal Commission, Mysore (Karnataka) bench of A.K. Naveen Kumari (President), M.K. Lalitha (Member) and Maruthi Vaddar (Member) held Royal Enfield and its dealer liable for deficiency in services due to delivering a Himalayan Granite bike with a petrol leak tank and smoke emanating from the engine. They further failed to initiate a refund or replace the bike.
District Consumer Disputes Redressal Commission, Belagavi (Karnataka)
Case Title: Sangamnath Murgeppa Kardeguddi vs The Oriental Insurance Co. Ltd.
The District Consumer Disputes Redressal Commission, Belagavi (Karnataka) bench of A.S. Sadalage (President) and S.S. Kadrollimath (Member) held Oriental Insurance Company liable for deficiency in services for repudiating a genuine hospital claim without providing valid reasons.
Additional District Consumer Disputes Redressal Commission-III, Bangalore Urban (Karnataka)
Case Title: K. Venkatasubbaiah vs Manager, State Bank of India
The Additional District Consumer Disputes Redressal Commission-III, Bangalore Urban (Karnataka) bench of Shivarama K (President) and Rekha Sayannavar (Member) held State Bank of India liable for deficiency in services due to its failure to safeguard the FD account of a customer which resulted in unauthorized transactions amounting to Rs. 25,000/-.
Additional District Consumer Disputes Redressal Commission-III, Urban Bangalore
Case Title: B.S. Sathya Kumar and Ors. vs HDFC Ergo Health Insurance Ltd and Ors.
The Additional District Consumer Disputes Redressal Commission-III, Urban Bangalore bench of Shivarama K ((President) and Rekha Sayannavar (Member) held HDFC Ergo Health Insurance liable for deficiency in services for rejecting a genuine claim based on a pre-existing condition without substantiating it with medical evidence.
District Consumer Disputes Redressal Commission, Shimla (Himachal Pradesh)
Deduction Of Instalments After Loan Settlement, Shimla District Commission Holds ICICI Bank Liable
Case Title: Bhadur Singh Pundir vs ICICI Bank Tower and Anr.
The District Consumer Disputes Redressal Commission, Shimla (Himachal Pradesh) bench of Dr Baldev Singh (President) and Ms Janam Devi (Member) held ICICI Bank liable for deficiency in service and unfair trade practice for deduction of loan instalments even after receiving full repayment and failure to issue a 'No Dues Certificate'.
District Consumer Disputes Redressal Commission–I, Hyderabad (Telangana)
Case Title: Mr Syed Javed Akhtar Zaidi vs M/s. Indigo Airlines
The District Consumer Disputes Redressal Commission–I, Hyderabad (Telangana) bench of B. Uma Venkata Subba Lakshmi (President), C. Lakshmi Prasanna (Member) and D. Madhavi Latha (Member) held Indigo Airlines liable for deficiency in services for delivering checked-in baggage after 18 days of the flight's landing. It also failed to provide real-time updates to the aggrieved passenger.
District Consumer Disputes Redressal Commission, Mysore (Karnataka)
Mysore District Commission Holds Flipkart Liable For Failure To Honour T&C For Mobile Exchange Offer
Case Title: Karthik H.K vs Flipkart Internet Private Ltd.
The District Consumer Disputes Redressal Commission, Mysore (Karnataka) bench of A.K. Naveen Kumari (President), M.K. Lalitha (Member) and Maruthi Vaddar (Member) held Flipkart liable for wrongly deducting Rs. 600/- from the exchange value of an old phone, even after an increased exchange value was promised in its advertisement of the mobile exchange offer.
District Consumer Disputes Redressal Commission, Hisar (Haryana)
Case Title: Naresh Kumar vs Bajaj Allianz General Insurance & others
The District Consumer Disputes Redressal Commission, Hisar (Haryana) bench of Jagdeep Singh (President), Rajni Goyat (Member) and Amita Agarwal (Member) held Bajaj Allianz General Insurance Company Limited and its agent liable for deficiency in services for repudiating a genuine claim on technical grounds without valid reasons.
District Consumer Disputes Redressal Commission, Thiruvananthapuram (Kerala)
Change In Colour Of Garment Ordered, Thiruvananthapuram District Commission Holds Ajio Liable
Case Title: S. Mini vs AJIO
The District Consumer Disputes Redressal Commission, Thiruvananthapuram (Kerala) bench of P.V. Jayarajan(President), Preetha G Nair (Member) and Viju V.R. (Member) held Ajio liable for deficiency in services for failure to replace or issue a refund for a kurtha that experienced a colour change subsequent to washing.
District Consumer Disputes Redressal Commission, Thiruvananthapuram (Kerala)
Failure To Repair TV Under Warranty, Thiruvananthapuram District Commission Holds OnePlus Liable
Case Title: Sutanterpal Singh vs General Manager, One Plus Ltd.
The District Consumer Disputes Redressal Commission, Thiruvananthapuram (Kerala) bench of P.V. Jayarajan (President), Preetha G Nair (Member) and Viju V.R. (Member) held OnePlus liable due to its failure to repair the television despite it being within the warranty period.
District Consumer Disputes Redressal Commission–I, Hyderabad (Telangana)
Case Title: K. Srinivasa Reddy vs PuR Energy Pvt. Ltd. and Anr.
The District Consumer Disputes Redressal Commission–I, Hyderabad (Telangana) bench of B. Uma Venkata Subba Lakshmi(President), C. Lakshmi Prasanna (Member) and D. Madhavi Latha(Member) held PuR Energy Pvt. Ltd. and its authorized dealer liable for deficiency in services for failing to rectify the battery issues of the electric scooter with manufacturing defects.
District Consumer Disputes Redressal Commission, Bangalore (Karnataka)
Case Title: Nakul Munjal vs Yatra Online Private Limited
The District Consumer Disputes Redressal Commission, Bangalore (Karnataka) bench of M. Shobha (President), K. Anita Shivakumar (Member) and Suma Anil Kumar (Member) held Yatra Online liable for deficiency in services and unfair trade practices for hotel bookings that were cancelled and re-allotted, which were not up to the satisfaction of the complainant.
District Consumer Disputes Redressal Commission–I, Hyderabad (Telangana)
Case Title: Sai Kumar vs EduBridge Learning and Ors.
The District Consumer Disputes Redressal Commission–I, Hyderabad (Telangana) bench of B. Uma Venkata Subba Lakshmi(President) and D. Madhavi Latha (Member) held EduBridge Learning liable for deficiency in services and unfair trade practices for failing to refund the course fee after a student who was dissatisfied with the quality of services offered by the institute after attending two classes.
District Consumer Disputes Redressal Commission, Thiruvananthapuram (Kerala)
Case Title: Praveen S. vs The Manager, Vivo and Anr.
The District Consumer Disputes Redressal Commission, Thiruvananthapuram (Kerala) bench of P.V. Jayarajan(President), Preetha G Nair (Member) and Viju V.R. (Member) held Vivo and its service centre liable for deficiency in services due to its failure to repair a mobile phone under warranty. They had argued that the displayed damage resulted from physical causes outside the warranty coverage but did not provide any supporting terms or conditions.
District Consumer Disputes Redressal Commission, Ernakulam (Kerala)
Case Title: Preethy Gloria vs The United India Insurance Co. Ltd.
The District Consumer Disputes Redressal Commission, Ernakulam (Kerala) bench of D.B. Binu (President), V. Ramachandran (Member) and Sreevidhia T.N. (Member) held United India Insurance Company liable for deficiency in services for failure to obtain a signed declaration form or verify facts before issuing the policy and subsequently repudiating the claim.
Additional District Consumer Disputes Redressal Commission-I, Bangalore (Karnataka)
Case Title: Akshay Gangadharan vs Flipkart Internet Pvt. Ltd Block B (Begonia)
The Additional District Consumer Disputes Redressal Commission-I, Bangalore (Karnataka) bench of B. Narayanappa(President), Jyothi N (Member) and Sharavathi S.M. (Member) held Flipkart liable for deficiency in services due to its failure to ship or deliver a product despite receiving payment and its failure to resolve the issue.
District Consumer Disputes Redressal Commission, Jhajjar (Haryana)
Case Title: Rambir and Ors. vs Punjab National Bank and Anr.
The District Consumer Disputes Redressal Commission, Jhajjar (Haryana) bench of Dr Shahabuddin (President), Shriniwas Khundia (Member) and Veena Ranil (Member) held Oriental Bank of Commerce and Punjab National Bank liable for deficiency in services due to their failure to disburse insurance amount under the Rupay Card Holder Scheme. The scheme provided accidental coverage to the cardholder.
District Consumer Disputes Redressal Commission–I, Hyderabad (Telangana)
Delivery Of Different Sofa, Failure To Refund, Hyderabad District Commission Holds Pepperfry Liable
Case Title: Kotti Nagasri vs The Authorized Signatory, Pepperfry Limited
The District Consumer Disputes Redressal Commission–I, Hyderabad (Telangana) bench of B. Uma Venkata Subba Lakshmi (President) and D. Madhavi Latha (Member) held Pepperfry liable for deficiency in services and unfair trade practices for delivering a 19-inch sofa instead of the 35-inch sofa ordered by the Complainant and for refusing the return or refund.
Additional District Consumer Disputes Redressal Commission-I, Bangalore (Karnataka)
Case Title: Ashok Kumar Rangaswami vs M/s. Eureka Forbes Limited
The Additional District Consumer Disputes Redressal Commission-I, Bangalore (Karnataka) bench of B. Narayanappa (President), Jyothi N (Member) and Sharavathi S.M. (Member) held Eureka Forbes liable for deficiency in services failing to rectify issues with a defective vacuum cleaner, even when the period of warranty was ongoing.
District Consumer Disputes Redressal Commission-II, Central Kolkata (West Bengal)
Case Title: Snehasish Chakraborty vs SBI Cards and Payments Services Pvt. Ltd. and Ors.
The District Consumer Disputes Redressal Commission-II, Central Kolkata (West Bengal) bench of Sukla Sengupta (President) and Reyazuddin Khan (Member) held SBI Credit Card Services liable for deficiency in services for debiting the amount from the Complainant's account despite the transaction being cancelled.
Additional District Consumer Disputes Redressal Commission-III, Bangalore Urban (Karnataka)
Case Title: Sujana Sathendran and ors vs Clear Trip Pvt Ltd and Anr.
The Additional District Consumer Disputes Redressal Commission-III, Bangalore Urban (Karnataka) bench of Shivarama K (President) and Rekha Sayannavar (Member) held Air India and Cleartrip liable for deficiency in services for failure to inform the Complainants promptly about the cancellation of their flight which resulted in inconvenience to them.
Additional District Consumer Disputes Redressal Commission-II, Urban Bangalore (Karnataka)
Case Title: Mr K. Velu vs ICICI Lombard General Insurance
The Additional District Consumer Disputes Redressal Commission-II, Urban Bangalore (Karnataka) bench of Vijaykumar M. Pawale (President), V. Anuradha (Member) and Renukadevi Deshpande (Member) held ICICI Lombard General Insurance Company liable for deficiency in services and unfair trade practices for increasing the annual insurance premium by more than 15% by just changing the existing policy's name.
District Consumer Disputes Redressal Commission, Jalandhar (Punjab)
Case Title: Suresh Kumar vs RBL Bank Ltd and Anr.
The District Consumer Disputes Redressal Commission, Jalandhar (Punjab) bench of Harveen Bhardwaj (President), Jyotsna (Member) and Jaswant Singh Dhillon (Member) held RBL Bank liable for deficiency in services for charging a membership fee, late fee, and other charges despite the Complainant reporting that the credit card was lost and should be blocked.
Additional District Consumer Disputes Redressal Commission-III, Bangalore Urban (Karnataka)
Case Title: Chetan Stanely Crasta vs HDFC Ergo General Insurance Co. Ltd. and Anr.
The Additional District Consumer Disputes Redressal Commission-III, Bangalore Urban (Karnataka) bench of Shivarama K (President) and Rekha Sayannavar (Member) held 'HDFC ERGO Health Insurance Co.' liable for deficiency in services. The bench held that rejecting a legitimate claim on the grounds of a pre-existing medical condition, discovered later and not intentionally withheld by the insured, was unjustified and constituted a breach of service standards.
District Consumer Disputes Redressal Commission, Kurukshetra (Haryana)
Case Title: Supriti vs Skechers Retail India Pvt. Ltd and Anr.
The District Consumer Disputes Redressal Commission, Kurukshetra (Haryana) bench of Dr Neelima Shangla (President), Ramesh Kumar (Member) and Neelam(Member) held Skechers liable for deficiency in services for selling a pair of shoes that started to deteriorate within a short span of time.
Additional District Consumer Disputes Redressal Commission-I, Bangalore (Karnataka)
Case Title: Mrs Tahara vs M/s Udupi Garden Restaurant and Ors.
The Additional District Consumer Disputes Redressal Commission-I, Bangalore (Karnataka) bench of B. Narayanappa (President), Jyothi N (Member) and Sharavathi S.M. (Member) held a restaurant liable for deficiency in services for serving cold, stale, and tasteless food, resulting in health complications for the consumer.
District Consumer Disputes Redressal Commission–I, Hyderabad (Telangana)
Case Title: Karan Tibrewala vs Singapore Airlines and Ors.
The District Consumer Disputes Redressal Commission–I, Hyderabad (Telangana) bench of B. Uma Venkata Subba Lakshmi (President) and D. Madhavi Latha (Member) held Singapore Airlines liable for deficiency in services due to improper verification of a passenger's vaccination status, which subsequently led to her denial of entry in Singapore.
District Consumer Disputes Redressal Commission, Jalandhar (Punjab)
Case Title: Twinkle vs Fashion Insta by Shanaya
The District Consumer Disputes Redressal Commission, Jalandhar (Punjab) bench of Harveen Bhardwaj (President), Jyotsna(Member) and Jaswant Singh Dhillon (Member) held an Instagram page, '@fashion_insta_by_shanaya', liable for deficiency in services for delivering a defective shirt to the Complainant and failing to reply to the grievances raised by the Complainant.
Additional District Consumer Disputes Redressal Commission-III, Bangalore Urban (Karnataka)
Bangalore District Commission Holds Body Fit Chairs Liable For Selling Malfunctioning Massager
Case Title: Dr Sonali R. vs Manager, Body Fit Chairs
The Additional District Consumer Disputes Redressal Commission-III, Bangalore Urban (Karnataka) bench of Shivarama K (President) and Rekha Sayannavar (Member) held Body Fit Chairs liable for deficiency in services for selling a malfunctioning body massager that caused pain and inconvenience to the customer. Body Fit Chairs Pvt. Ltd. provides massage and relaxation products in India.
District Consumer Disputes Redressal Commission-II, Central Kolkata (West Bengal)
Case Title: Kapil Deo Singh vs National Insurance Co. Ltd.
The District Consumer Disputes Redressal Commission-II, Central Kolkata (West Bengal) bench of Sukla Sengupta (President) and Reyazuddin Khan (Member) held National Insurance Company liable for deficiency in services for repudiating a genuine claim based solely on the delayed notification of the stolen car by the insured. The bench held that mere delay in informing the Insurance Company should not invalidate the claim, particularly when the claim is genuine.
