Consumer Cases Weekly Round-Up; 22nd January To 4th February 2024
Apoorva Pandita
7 Feb 2024 9:30 AM IST
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%...
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
National Consumer Commission Holds Raheja Developers Liable For Deficiency In Service
The National Consumer Disputes Redressal Commission, presided by Subhash Chandra(member), held Raheja developers liable for deficiency in service and unfair trade practice over delay in handing over the possession of the flat booked by the complainant.
National Consumer Disputes Redressal Commission
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
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 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 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
Failure To Reverse Fraudulent Transactions, NCDRC Holds HDFC Bank Liable For Deficiency In Service
The National Consumer Disputes Redressal Commission (“NCDRC”), New Delhi bench led by Dr. Inder Jit Singh (Presiding Member) held HDFC Bank liable for deficiency in services for failing to provide security measures to the credit card issued to the Complainant which resulted in unauthorized transactions amounting to Rs. 24,000/-. The NCDRC set aside the respective orders of East Delhi District Commission and Delhi State Commission and directed HDFC Bank to refund Rs. 24,000/- and to pay a compensation of Rs. 10,000/- to the Complainant.
Telangana State Consumer Disputes Redressal Commission
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.
Telangana State Real Estate Regulatory Authority ("TSRERA" or "Authority")
In a recent ruling, the Telangana State Real Estate Regulatory Authority ("TSRERA" or "Authority") bench consisting of Dr. N. Satyanarayana, IAS (Retd.) [Chairperson], Sri Laxmi Narayana Jannu [Member] and Sri K. Srinivasa Rao [Member] rejected a complaint filed by allottees ("Complainant") on the basis that the case is non-applicable, given that the "Occupancy Certificate" for the project was issued in 2012, well before the enactment of The Real Estate Regulation and Development) Act, 2016 ("RE (R&D Act").
Chandigarh District Consumer Disputes Redressal Commission-I
The Chandigarh District Consumer Disputes Redressal Commission-I bench, presided over by Sh. Pawanjit Singh (President) and Mrs. Surjeet Kaur (Member), has allowed a consumer complainant filed against a gym. A group of people, who had purchased gym memberships in 2019 by paying varying amounts, filed a complaint when the gym, in 2020, issued a notice about discontinuing services due to relocation. Despite the complainants seeking a refund, the gym did not comply. The Commission found that the gym had admitted the refundable amount due to the complainants and, after relocating, failed to refund it, thus constituting a deficiency in service. Consequently, the Commission directed the gym to refund the respective amounts with interest along with compensation and litigation costs.
New Delhi District Consumer Disputes Redressal Commission-I (North District)
The District Consumer Disputes Redressal Commission-I (North District) presided by Divya Jyoti Jaipuriar along with Harpreet Kaur Charya as a member has held Northern Railways liable for deficiency in their services on account of a complaint raised by a passenger. The complaint alleged that despite booking a third AC train ticket for a comfortable journey, the passenger faced distressing conditions during his travel from New Delhi to Indore. The main grievance was the unhygienic and unsatisfactory state of the train toilets, lacking proper cleanliness and water supply.
District Consumer Disputes Redressal Commission, Rohtak (Haryana)
The District Consumer Disputes Redressal Commission, Rohtak (Haryana) bench comprising Nagender Singh Kadian (President) and Tripti Pannu (Member) held the ICICI Bank liable for deficiency in services for failure to provide adequate security to the Complainant's account which led to several unauthorized transactions amounting to Rs. 4.89 Lacs. The bench directed the bank to reverse the unauthorized transactions and pay Rs. 10,000/- to the complainant for litigation costs and compensation for deficiency in service.
Ernakulum Consumer Disputes Redressal Commission
The Ernakulum Consumer Disputes Redressal Commission presided over by Sh. D.B. Binu, along with Shri. V. Ramachandran and Smt. Sreevidhia T.N as members, recently allowed a consumer complaint filed against Kalyan Silks Trichur. The complaint was filed by a retired Professor who alleged that two bridal sarees purchased from the textile retailer's Ernakulam showroom were damaged due to material and manufacturing defects. The Commission, while allowing the complaint, stated that Kalyan Silks didn't give clear care instructions for the sarees, creating a service deficiency. As a result, the commission ordered Kalyan Silks to compensate the consumer with Rs. 25,000 and pay back the sarees' cost, Rs. 30,040, along with an additional Rs. 20,000 for the litigation costs.
Ernakulum Consumer Disputes Redressal Commission
The Ernakulam Consumer Forum, comprising of Mr. D.B. Binu as President, along with Mr. Ramchandran V. and Mrs. Sreevidhia T.N. as Members, found Luxury Droom responsible for deficiency in services due to a misleading advertisement made by them. While the complainant was expecting a discounted Rolex watch to be delivered, he received a duplicate Rolex watch with damaged plating. Despite promises of a quick refund, the complainant faced delays. Thereby, noting Luxury Droom's failure to keep promises and use of misleading advertisements, the Consumer Forum directed them to refund Rs.13,990/- for the watch, compensate Rs.30,000/- for deficient services, and pay Rs.10,000/- as proceedings cost.
District Consumer Dispute Redressal Commission Kolkata Unit-III
The District Consumer Dispute Redressal Commission Kolkata Unit-III bench comprising Sudip Niyogi (President) and Subir Kumar Dass (Member) held Exotica Orchids liable for deficiency in services for sending damaged plants to the Complainant and subsequently failing to provide pick-up facility to ensure a smooth return. The bench directed it to refund Rs. 4,730/- and pay a compensation of Rs. 2,000/- to the Complainant.
District Consumer Disputes Redressal Commission – I, Hyderabad (“Telangana”)
District Consumer Disputes Redressal Commission – I, Hyderabad (“Telangana”) bench comprising B. Uma Venkata Subba Lakshmi (President), C. Lakshmi Prasanna (Member) and B.Raja Reddy (Member) dismissed a complaint against Gulf AirLines noting that the burden of proving the deficiency of service lies on the party making claim.
District Consumer Disputes Redressal Commission-I, Chandigarh
The District Consumer Disputes Redressal Commission-I, Chandigarh bench comprising Pawanjit Singh (President), Surjeet Kaur (Member) And Suresh Kumar Sardana (Member) held United India Insurance Company Ltd liable for deficiency of service for falsely repudiating the insurance claim by reporting the incident as theft despite compelling evidence which suggested that it was burglary. The bench directed it to pay an insurance claim of ₹13,40,941/- and ₹20,000/- as compensation to the Complainant. It was also directed to pay a litigation cost of ₹10,000/-.
District Consumer Disputes Redressal Commission-I, Chandigarh
The District Consumer Disputes Redressal Commission-I, Chandigarh bench comprising Pawanjit Singh (President) and Surjeet Kaur (Member) held DHFL Pramerica Life Insurance Co. Ltd. liable of deficiency in service for falsely repudiating the insurance claim stating that the insured died of chronic kidney disease which wasn't covered by the policy. The bench noted that the insured died of a heart attack and the insurance company didn't provide sufficient evidence that would suggest otherwise. The bench directed the insurance company to pay the insurance claim of Rs. 2,66,986/- and Rs. 20,000/- as compensation along with Rs. 10,000/- as litigation costs to the Complainant.
District Consumer Disputes Redressal Commission Kolkata Unit – II
The District Consumer Disputes Redressal Commission Kolkata Unit – II bench comprising Sukla Sengupta (President) and Reyazuddin Khan (Member) held Apple India Pvt. Ltd, Systematix Media (Imagine) and Reliance Digital are liable for deficiency in services and unfair trade practices to the Complainant for selling a defective MacBook Air to the Complainant. The bench directed them to refund Rs. 57,890 along with a compensation of Rs. 17,367 and Rs. 5,000 for the litigation costs to the Complainant.
District Consumer Disputes Redressal Commission, Kullu (Himachal Pradesh)
The District Consumer Disputes Redressal Commission, Kullu (Himachal Pradesh) bench comprising Purender Vaidya (President) and Pooja Gupta (Member) held HDFC Life Insurance Company liable for deficiency in services for falsely repudiating the claim. The bench noted that the insurance company promised to pay the full value of the investment after the lock in period which was repudiated at a later stage. Further, the insurance company failed to treat the Complainant's claim similar to an identical claim made by his wife where monetary concessions were granted. The bench directed the insurance company to pay the value of the insurance policy and a compensation of ₹ 10,000/- along with ₹ 5,000/- for litigation costs to the Complainant.
Ernakulam District Consumer Disputes Redressal Commission
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, Kollam (“Kerala”)
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
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)
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)
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
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 – I, Hyderabad (Telangana)
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)
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.
