Consumer Cases Weekly Round-Up: 27th May To 2 June 2024
Apoorva Pandita
5 Jun 2024 8:45 AM IST
National Consumer Disputes Redressal Commission Rejection Of A Surveyor's Report Must Be Due To Arbitrariness: NCDRC Case Title: United India Insurance Co. Ltd Vs. M/S. Khadi Udhyog The National Consumer Disputes Redressal Commission, presided by Subhash Chandra, held that the surveyor's report in an insurance incident can only be rejected based on pervasiveness...
National Consumer Disputes Redressal Commission
Rejection Of A Surveyor's Report Must Be Due To Arbitrariness: NCDRC
Case Title: United India Insurance Co. Ltd Vs. M/S. Khadi Udhyog
The National Consumer Disputes Redressal Commission, presided by Subhash Chandra, held that the surveyor's report in an insurance incident can only be rejected based on pervasiveness and arbitrariness
National Consumer Disputes Redressal Commission
Case Title: Central Bank of India Vs. M/S. Abhay Kumar Jain
The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that banks must ensure safety and security to prevent incidents and cannot deny responsibility for the locker's contents.
National Consumer Disputes Redressal Commission
Construction Work Done For Consideration That Benefits Another Party Should Be Compensated: NCDRC
Case Title: Pinaki Bhattacharjee Vs. M/S. Unique Construction
The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and Sadhna Shanker(member), in an appeal against Unique Construction, held that if a party carries out additional construction not intended to be free of charge, and the other party benefits from it, the former is entitled to compensation.
National Consumer Disputes Redressal Commission
Commissions Cannot Condone Delay If Not Provided With Satisfactory Explanation: NCDRC
Case Title: Parsvnath Developers Limited Vs. Abhinav Sharma
The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and Sadhna Shanker(member), in a case against Parsvnath Developers, held that the commissions cannot allow an application for condonation of delay if not provided with a sufficient cause.
National Consumer Disputes Redressal Commission
Multiple Compensations For A Single Default Is Unjustified: NCDRC
Case Title: M/S. Exact Developers & Promoters Pvt. Ltd Vs. Rajesh Sethi
The National Consumer Disputes Redressal Commission, presided by Subhash Chandra alongside Sadhna Shanker(member), held M/S. Exact Developers & Promoters liable for deficiency in service but set aside the state commission's order for granting compensation for mental agony, as multiple compensations cannot be granted for a single default.
National Consumer Disputes Redressal Commission
Report From Expert Organization Must Be Obtained To Establish Defect: NCDRC
Case Title: Honda Cars India Ltd. Vs. Ushat Gulgule
The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and Sadhna Shanker(member), held that for a consumer forum to establish a defect, an expert report from an expert organization must be produced.
National Consumer Disputes Redressal Commission
Surveyor's Report Is Not Final And Can be Contested With More Evidence: NCDRC
Case Title: Royal Sundaram General Insurance Vs. Ishwar Singh Mehra
The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that in cases of discrepancy between the insured amount assessed by an authorized dealer and a surveyor, the claim by the dealer will take precedence. This is because the dealer's assessment is often based on a more thorough and detailed inspection, providing a more accurate estimate of the damages and repair costs.
National Consumer Disputes Redressal Commission
Case Title: Sher Singh Vs. Manager, The New India Assurance Company
The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that delay should not be excused without sufficient cause, and the fact that other parties have been granted relief does not justify excusing delay in similar cases.
National Consumer Disputes Redressal Commission
Case Title: M/S. Gautam Construction Company & Anr. Vs. Mubarak Masih
The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and Sadhna Shanker(member), held that there has to be proper transparency regarding the construction details, even if it's not explicitly stated in the contract.
National Consumer Disputes Redressal Commission
6% Interest Appropriate Compensation For Delay In Handover Of Property: NCDRC
Case Title: Parth M. Soneji Vs. Shree Sainath Enterprises Construction And Developers Pvt. Ltd
The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya and Bharatkumar Pandya(member), held that 6% interest on the deposit is an appropriate compensation for delay in handing over possession of a property.
National Consumer Disputes Redressal Commission
Insurance Contracts Should Be Given Plain Meaning: NCDRC
Case Title: Muthoot Finance Limited Vs. United India Insurance Company Limited
The National Consumer Disputes Redressal Commission, presided by Justice A. P. Sahi, dismissed a case against United India Insurance and held that unless the terms of an insurance contract are ambiguous, requiring further interpretation, the plain and straightforward meaning of those terms should be applied.
National Consumer Disputes Redressal Commission
Case Title: VGN Projects Estates Pvt. Ltd. Vs. M.P. Nagendran
The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Ram Maurya, held VGN Projects Estates liable for deficiency in service over delayed possession of the booked flat to the owner.
National Consumer Disputes Redressal Commission
Builder Cannot Forfeit Earnest Money If Possession Not Offered Within Stipulated Time: NCDRC
Case Title: Vikas Garg Vs. Estate Officer (Housing)
The National Consumer Disputes Redressal Commission, presided by Justice Sudip Ahluwalia, held that forfeiture of earnest money cannot be done if possession is not offered within the stipulated time to the party in question.
National Consumer Disputes Redressal Commission
Case Title: Central Bank of India Vs. Somir Kumar Bagchi
The National Consumer Disputes Redressal Commission presided by Inder Jit Singh held that a bank cannot change the agreed EMI amount on its own. Furthermore, It was also held that a plea cannot be raise later in a subsequent higher court if it hasn't been raised in the initial pleadings and no related issue are framed on it.
National Consumer Disputes Redressal Commission
Delay In Delivery Of Possession: NCDRC Holds Emaar MGF Land Liable For Deficiency In Service
Case Title: Mohan Shyam Dubey Vs. M/S Emaar MGF Land Ltd.
The National Consumer Disputes Redressal Commission presided by Justice A. P. Sahi held Emaaar MGF Land liable for deficiency in service due to delay in handing over the possession of the flat booked.
National Consumer Disputes Redressal Commission
Case Title: Ajay Paul Singh Tanwar Vs. Padam Graphics
The National Consumer Disputes Redressal Commission, presided by Justice A. P. Sahi, in an appeal against Padam Graphics for a defective machine, held that the State Commission's suggestion to file a fresh complaint if dissatisfied with the repairs is redundant and serves to prolong litigation unnecessarily. It was further held that instead of dismissing the complaint by asking the manufacturer to repair it, the State Commission should have considered awarding the requested relief based on the evidence regarding the defective machine.
National Consumer Disputes Redressal Commission
Case Title: M/S. Yash Agencies Vs. New India Assurance Co. Ltd. & Anr
The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker(member), dismissed an appeal against New India Assurance and held that insurance claims have to be filed within the stipulated time and mere correspondence does not extend the limitation period.
National Consumer Disputes Redressal Commission
Death By Poisoning Has to Be Based On Substantial Evidence: NCDRC
Case Title: Life Insurance Corporation Of India Vs. Rohini Swami
The National Consumer Disputes Redressal Commission, presided by Justice Sudip Ahluwalia, allowed a petition by Life Corporation Of India and overturned the order by the State Commission. It was held that, in an insurance claim, death by poisoning has to be based on substantial evidence, which the State Commission did not have.
National Consumer Disputes Redressal Commission
Case Title: Life Insurance Corporation Of India Vs. Pittala Pochamma
The National Consumer Disputes Redressal Commission, presided by Justice Sudip Ahluwalia, held Life India Corporation and the employer of the insured liable for deficiency in service over denial of insurance claim citing non-payment of premium by the employer.
National Consumer Disputes Redressal Commission
Insurer's Failure To Disclose Exclusion Clause Makes It Unenforceable : NCDRC
Case Title: Bajaj Allianz Life Insurance Co. Ltd Vs. Bharti Mahaveer Jain
The National Consumer Disputes Redressal Commission presided by Subhash Chandra and Sadhna Shanker(member) in an appeal by Bajaj Allianz Life Insurance held that insurer's failure to communicate an exclusion clause to the insured makes that clause non-binding in nature.
National Consumer Disputes Redressal Commission
Unsuccessful Treatment Or Differing Opinions Does Not Equate To Medical Negligence: NCDRC
Case Title: Jagdish K Sharma Vs. Medanta, The Medicity
The National Consumer Disputes Redressal Commission, presided by Mr. Binoy Kumar, dismissed a complaint against Medanta Hospital and ruled that an unfavorable outcome of treatment alone or a divergence in professional opinion does not amount to negligence on the part of the medical professionals as long as they're acting as per the accepted practice.
National Consumer Disputes Redressal Commission
Builder's Liability For Delayed Possession Ends With Valid Possession Offer: NCDRC
Case Title: Mohan Khanna Vs. Jai Prakash Associate Ltd.
The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra, held that a builder cannot be asked to compensate for late possession beyond the date of the offer of possession.
District Consumer Dispute Redressal Commission-1, Lucknow
The District Consumer Dispute Redressal Commission-1, Lucknow has directed Hotel Le Meridian, Jaipur to pay the complainant, Dr. Colonel Ajay Bahadur, an amount of Rs. 25,00,000/- with interest at 9% per annum from the date of payment made by the complainant to the date of judgment within 45 days from the date of Judgment.
