Consumer Law Weekly Round-Up ;15 July- 21 July 2023

Nominal Index

1. NBCC India Limited vs. Randhir Singh Redhu and Ors.
2. Sri Vempadampu Suryanarayana vs. Toyata
3. DHL Express Pvt. Ltd. vs Vinod Rao
4. Ashish Vohra vs. Raheja Developers Limited.
5. Smt. Reddy Siva Swarupa vs. Kolors Health Care India Pvt Ltd.
6. Single Benches In NCDRC: Delhi High Court Issues Notice To Examine NCDRC's Jurisdiction And Bench Constitution

1. NBCC India Limited vs. Randhir Singh Redhu and Ors.

The High Court of Delhi has issued a notice regarding a Writ petition addressing the issue of jurisdiction of the National Consumer Disputes Redressal Commission (NCDRC) and the constitution of its Benches. The High Court granted a stay on the NCDRC order until the next hearing and issued a notice since the Petitioner was able to present a prima facie case before the Court.

The Petitioner, NBCC India Ltd, a management consulting company challenged the NCDRC's order dated 23.02.2023 contending that the Presiding Member of the Commission lacks the jurisdiction to issue such orders.

2. Failure To Deliver Innova Car As Promised: District Commission Orders Toyota Dealer To Pay Compensation

Case Title: Sri Vempadampu Suryanarayana vs. Toyata

The District Consumer Commission, Vizianagaram allowed the complaint in favor of the Complainant against Toyota (Dealer) and Leela Krishna Toyota (Sub-dealer).

As per the Commission's decision, the Dealer and Sub-dealer are required to reimburse the Complainant with an amount of Rs. 25,13,569/-, along with an interest of 12% per annum. Additionally, they must also pay Rs. 2,84,552/- and Rs. 1,31,313.91/- for the EMIs and bank closure charges, respectively with Rs. 1 Lakh compensation for the inconvenience caused and Rs. 30,000/- for the legal expenses incurred, including the Advocate Fee of Rs. 5,000/-.

3. Deficiency Of Service: State Consumer Commission Directs DHL To Pay Compensation For Lost iPhone

Case Title: DHL Express Pvt. Ltd. vs Vinod Rao

The State Consumer Commission in Maharashtra dismissed an appeal filed by filed by DHL Express I Pvt. Ltd. and held it guilty of deficiency in service. The State Commission upheld the District Commission’s order and awarded to pay Rs. 25,000 towards the loss of the iPhone and mental agony with an interest rate of 9% per annum, costs of Rs. 8,000 with an additional cost of Rs. 3,000 to the Complainant.

4. Gross Negligence: NCDRC Directs Raheja Developers To Refund Entire Amount For Failure To Complete Project

Case Title: Ashish Vohra vs. Raheja Developers Limited.

The NCDRC, comprising Justice Ram Surat Ram Maurya (Presiding Member) and Dr. Inder Jit Singh (Member), partly allowed the complaint and directed Raheja Developers Limited. to refund the entire amount deposited by the complainant, along with interest at the rate of 9% per annum.

The Commission reasoned that the Developer is liable for gross negligence as it failed to finish the project, obtain the occupation certificate, or provide essential amenities for habitation despite collecting over 95% of the payment from the Homebuyers.

5. Unfair Trade Practices: Hyderabad District Consumer Commission Orders Kolors Health Care To Refund Rs. 2,15,000/- With Compensation

Case Title: Smt. Reddy Siva Swarupa vs. Kolors Health Care India Pvt Ltd.

The District Consumer Disputes Redressal Commission, Hyderabad – I presided by B. Uma Venkata Subba Lakshmi (President) allowed the complaint and directed Kolors Health Care Pvt. Ltd. to refund Rs. 2,15,000/- along with interest rate of 9%. It imposed a compensation of Rs. 20,000/- for mental agony and inconvenience caused to the complainant and a cost of Rs.15,000/- on Kolors Health Care.