Consumer Cases Weekly Round Up: 8th To 14th January 2024
Apoorva Pandita
19 Jan 2024 4:00 PM IST
National Consumer Disputes Redressal Commission Supertech Realtor Held Liable For Delayed Possession: NCDRC Orders Complete Refund Along With 50,000/- As Costs The National Consumer Disputes Redressal Commission presided by Mr. Subhash Chandra as presiding member has allowed a consumer complaint against Supertech Realtor Pvt Ltd. for failing to deliver possession of a booked unit...
National Consumer Disputes Redressal Commission
The National Consumer Disputes Redressal Commission presided by Mr. Subhash Chandra as presiding member has allowed a consumer complaint against Supertech Realtor Pvt Ltd. for failing to deliver possession of a booked unit at 'Super Nova' project in Noida within the stipulated time frame despite receiving substantial payments from the complainants. The commission found that the delay in possession amounted to a deficiency in service, and as a result, directed Supertech Realtor Pvt Ltd. to refund the entire amount deposited by the complainants with simple interest at 9% per annum along with litigation costs of Rs. 50,000/- to the complainant.
National Consumer Disputes Redressal Commission
The National Consumer Disputes Redressal Commission bench comprising of Justice Ram Surat Ram Maurya as Presiding Member partly allowed a consumer complaint against Metro Builders (Orissa) for deficiencies in providing promised amenities in their "Metro Satellite City-I" project. The complaint, filed by 42 flat buyers, was regarding several unfulfilled commitments such as constructing a sewage treatment plant, club/auditorium, medical dispensary, swimming pool, gymnasium, open space, and indoor game space. The buyers alleged that despite collecting specified amounts for these facilities, several amenities were either incomplete or not provided.
National Consumer Disputes Redressal Commission
NCDRC Holds Godrej Properties Liable For Deficiency In Service
The National Consumer Disputes Redressal Commission, headed by Subhash Chandra as President, held Godrej Properties liable for deficiency in service over refusal to refund the earnest money paid by the complainant, even following the cancellation of the purchase.
Haryana Real Estate Regulatory Authority
The Haryana Real Estate Regulatory Authority, Gurugram bench comprising of Ashok Sangwan (Member) held Manglam Multiplex Private Limited liable for forfeiture of earnest money paid by the Complainants after the Complainants cancelled the booking for a unit in Section 65 of Gurugram. The bench directed it to refund the earnest money paid by the Complainant and reiterated the allottee's unequivocal and absolute right to seek a refund if the promoter fails to deliver possession within the stipulated time.
Punjab State Consumer Disputes Redressal Commission
Trade In Old Vehicle, Car Seller A Consumer: Punjab State Commission
The Punjab State Consumer Disputes Redressal Commission, led by H.P.S. Mahal (Judicial Member) and Kiran Sibal (Member), overturned the decision of the District Commission. They sided with an appeal against Hyundai Motors and a connected seller regarding deficiency in service.
Himachal Pradesh State Consumer Disputes Redressal Commission
H.P. State Commission Allows SBI Appeal Against Customer's Plea Of Unauthorised Withdrawal From ATM
The Himachal Pradesh State Consumer Disputes Redressal Commission bench led by Justice Inder Singh Mehta (President) allowed an appeal by the State Bank of India against the Complainant who alleged unauthorized withdrawals of Rs. 4 Lakhs from his savings bank account. The State Commission held that since the ATM Card remained in the Complainant's custody, it was his responsibility to use it cautiously and not share the secret PIN with anyone else.
Himachal Pradesh State Consumer Disputes Redressal Commission
The State Consumer Disputes Redressal Commission, Himachal Pradesh bench comprising Justice Inder Singh Mehta (President) and Mr R.K. Verma (Member) held Simla Autozone, Parel, a dealer of Ashok Leyland Company, individually liable for failure to return/refund the down payment to the Complainant whose tipper exhibited several defects within the warranty period. The State Commission held that the relationship between Ashok Leyland and the Dealer was on a principal-to-principal basis, with the Dealer responsible for the down payment and possession of the Tipper.
District Consumer Disputes Redressal Commission Kozhikode (Kerala)
The District Consumer Disputes Redressal Commission Kozhikode (Kerala) bench comprising of P.C Paulachen (President), V Balakrishnan (Member) and Priya S (Member) held HP India liable for deficiency in service for selling a laptop which started experiencing multiple issues within a few days of its purchase. HP India further failed to sufficiently resolve the Complainant's continued concerns. The bench directed HP India to pay Rs. 25,000/- as compensation to the Complainant.
District Consumer Disputes Redressal Commission, Kangra
The District Consumer Disputes Redressal Commission, Kangra at Dharamshala (Himachal Pradesh) bench comprising of Hemanshu Mishra (President), Arti Sood and Narayan Thakur (Members) held Mahindra Tractors dealer liable of deficiency in service for delay in delivery of high security registration plate/number plate and registration certificate to the Complainant. The bench directed it to pay Rs. 20,000/- to the Complainant.
District Consumer Disputes Redressal Commission Ambala (Haryana)
The District Consumer Disputes Redressal Commission Ambala (Haryana) bench comprising Neena Sandhu (President), Ruby Sharma (Member) and Vinod Kumar Sharma (Member) held State Bank of India for unauthorized deductions from the Complainant's Fastag account issued by the bank. The bench noted that the amount was deducted from the Complainant's account at a time when his car did not even cross the Toll Plaza. Consequently, SBI was directed to refund the amount and pay compensation to the Complainant.
District Consumer Disputes Redressal Commission-II South Delhi
The District Consumer Disputes Redressal Commission-II South Delhi bench comprising Monika A Srivastava (President), Kiran Kaushal (Member) and U.K. Tyagi (Member) held CarDekho.com liable for deficiency in service and unfair trade practices for not refunding the booking amount to the Complainant after it declined to deliver the purchased car to the Complainant. The District Commission directed CarDekho to pay Rs. 20,000/- to the Complainant as compensation.
District Consumer Dispute Redressal Commission (Central Delhi)
The District Consumer Dispute Redressal Commission (Central Delhi) bench comprising Inder Jeet Singh (President) and Shahina (Female Member) held the Delhi Dental & Medical Centre liable for deficiency of service for providing dentures with excessive height and not according to physical features of the Complainant. The District Commission directed it to refund the amount and pay compensation to the Complainant.
District Consumer Disputes Redressal Commission, Rewari (Haryana)
The District Consumer Disputes Redressal Commission, Rewari (Haryana) bench comprising Shri Sanjay Kumar Khanduja (President) and Shri Rajender Parshad (Member) held United India Insurance Company liable for wrongfully repudiating a valid insurance claim based on alleged non-cooperation by the family members of the deceased. The District Commission dismissed the Insurance Company's contention and held that the responsibility to honour the T&C of the policy fell on the Insurance Company.
District Consumer Disputes Redressal Commission, Moga (Punjab)
The District Consumer Disputes Redressal Commission, Moga (Punjab) bench comprising Smt. Priti Malhotra (President) and Shri Mohinder Singh Brar (Member) held TATA AIG General Insurance liable for repudiating a valid insurance claim filed by the nominee of the deceased insured person. The District Commission rejected the claim of the insurance company that the deceased account holder did not make POS e-commerce transactions within the stipulated period, based on evidence explicitly showing an e-commerce transaction made from the account.
District Consumer Disputes Redressal Commission-I, North Delhi (Delhi)
The District Consumer Disputes Redressal Commission-I, North Delhi (Delhi) bench comprising Divya Jyoti Jaipuriar (President), Ashwani Kumar Mehta (Member) and Harpreet Kaur Charya (Member) held Indian Bank liable for failure to refund Rs. 10 Lakhs transaction amount which was lost in an unauthorized manner. Due to JIO's deficient service, the Complainant's mobile number was issued to another sim card, paving the way for 2 unauthorized transactions.
District Consumer Disputes Redressal Commission, Rewari (Haryana)
Rewari District Commission Holds Gas Agency And ICICI Lombard House Liable For Indane Cylinder Blast
The District Consumer Disputes Redressal Commission, Rewari (Haryana) bench comprising Shri Sanjay Kumar Khanduja (President) and Shri Rajender Parshad (Member) ordered Rewari Gas Service Agency and M/s ICICI Lombard House to compensate the Complainant who encountered a cylinder blast incident, leading to a severe damage of his house. The District Commission noted that as per the agreement between Rewari Gas Service Agency and the manufacturer, IOCL LPG, the Gas Agency was responsible for bearing expenses related to transportation, and storage, and indemnifying IOCL against any loss or damage arising from the storage, handling, or transportation of gas cylinders.
District Consumer Disputes Redressal Commission, Cuttack (Odisha)
The District Consumer Disputes Redressal Commission, Cuttack (Odisha) bench comprising Sri Debashish Nayak (President) and Sri Sibananda Mohanty (Member) held the Post Office, Madhupatna S.O., liable for deficiency in service. The Post Office's Bank wrongfully deducted a certain percentage of promised interest from a senior citizen's account based on the absence of her PAN number during the opening of the account. The District Commission held that it failed to provide any documentary evidence to prove its contentions.
District Consumer Disputes Redressal Commission, Cuttack (Odisha)
The District Consumer Disputes Redressal Commission, Cuttack (Odisha) bench comprising Sri Debasish Nayak (President) and Sri Sibananda Mohanty (Member) held Flipkart Internet Private Limited liable for deficiency in service. Flipkart failed to resolve the Complainant's concerns, who received a defective Cadbury's Bourn Vita Chocolate Health Drink Pouch, of a different size. The District Commission dismissed Flipkart's argument that it is a mere online platform facilitator by highlighting that the Consumer Protection Act, 2019 outlines the duties of e-commerce platforms, emphasizing the need for genuine transactions and product supervision.
District Consumer Disputes Redressal Commission, Panipat (Haryana)
The District Consumer Disputes Redressal Commission, Panipat (Haryana) bench comprising Dr. R. K. Dogra (President) and Dr. Rekha Chaudhary (Member) held Nykaa and Delhivery Courier liable for deficiency in services for delivering beauty products worth Rs. 17,541/- in damaged condition when they were left outside the Complainant's house. The bench directed them to refund the purchase amount, pay Rs. 5k compensation and Rs. 5.5.k litigation costs to the Complainant.
