Consumer Law Weekly Round-Up; 08 July- 14 July 2023

Nominal Index

1. Dr. Hemant & Anr. vs Zenal Construction Private Limited & Anr.
2. Life Insurance Corporation of India vs Jagjit & Anr.
3. Hotel Leela Avenue Ltd. vs New India Assurance Co. Ltd & Anr.
4. Divisional Railway Manager, Divisional Office, Northern Railway & 2 Ors. vs Birendera Kumar Paswan
5. ‘Commercial Purpose’ NCDRC Dismisses Complaint Against Construction Company For Deficiency Of Service

1.  Dr. Hemant & Anr. vs Zenal ConstructionPrivate Limited & Anr.

The National Consumer Disputes Redressal Commission (NCDRC) consisting of Presiding Member Justice Ram Surat Ram Maurya dismissed a complaint filed by the complainants against Zenal Construction Pvt. The Commission determined that the complaint was not maintainable because the complainants had booked the shops for “commercial purposes” and not solely for the purpose of earning a livelihood through self-employment.

2. NCDRC Dismisses Revision Petition by LIC And Imposes Cost In Insurance Claim Dispute

Case Title: Life Insurance Corporation of India vs Jagjit & Anr.

The NCDRC consisting of Inder Jit Singh (Presiding Member) dismissed a Revision Petition by the Life Insurance Corporation of India and ordered to pay a cost of Rs. 15,000 to the Complainants. The Commission upheld the Lower Commissions decision orders that LIC is liable as it already had knowledge of the previous policy and the complainants were not informed and had no prior knowledge that such information is required to be provided. Therefore, there was no intentional concealment of material facts by the deceased.

3. NCDRC Dismisses Complaint By Five Star Hotel For Insurance Claim Of Rs. 5 Crores Against New India Assurance

Case Title: Hotel Leela Avenue Ltd. vs New India Assurance Co. Ltd & Anr.

The NCDRC, consisting of Presiding Member Subhash Chandra, dismissed a consumer complaint filed by the complainant against New India Assurance Co. Ltd. The Apex Commission was of the view that the initial assessment of loss by the surveyor included the loss incurred in the Galleria, which as per the final report was not to be covered by the insurance policies and therefore, dismissed the complaint filed by the Hotel.

4. NCDRC Holds Railways Responsible For Demanding ‘Original’ Tickets, Orders Refund, Compensation, And Litigation Costs

Case Title: Jagruk Nagrik & Anr. v. Shreeniwas Cotton Mills Ltd. & Anr.

The NCDRC presided over by Presiding Member Dinesh Singh and Member Binoy Kumar dismissed the Revision Petition and held that there was a deficiency of service and unfair trade practice on the part of the Divisional Railway Manager, Divisional Office, Northern Railways.

The Commission modified the decision made by the Lower Consumer Commissions and instructed the Railways to refund the amount of Rs. 5150 with an interest rate of 9% per annum from the journey date with Rs. 5000 as compensation for mental agony and physical harassment, and Rs. 25000 as litigation costs before the three consumer commissions.