Consumer Cases Weekly Round-Up: 5th To 11th February 2024
Apoorva Pandita
13 Feb 2024 1:30 PM IST
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...
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
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.
Maharashtra Real Estate Regulatory Authority (MahaRERA)
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
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
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.
District Consumer Disputes Redressal Commission, Kurukshetra (Haryana)
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
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)
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
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)
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
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
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.
