Consumer Cases
Kupwara District Commission Directs Sky Touch Educational Institute To Pay ₹2 Lakh Compensation For Withholding School Leaving Certificates
District Consumer Disputes Redressal Commission, Kupwara (“Commission”) comprising Peerzada Qousar Hussain (President) and Nyla Yaseen (Member) held the management of Sky Touch Educational Institute, Trehgam liable for deficiency in service. Commission found that by withholding essential documents such as school leaving certificates, the school caused serious harm to...
Ensure Drinking Water Supply In Multiplex : Kerala Consumer Forum Directs PVR
The District Consumer Disputes Redressal Commission, Ernakulam (Kerala) has recently passed an order directing PVR cinemas, Lulu Mall to ensure that it supplies uninterrupted supply of drinking water to all customers during its business hours. The order was passed by a Bench of D.B. Binu (President), V. Ramachandran and Sreevidhia T.N. The Commission was considering a consumer complaint by...
Maharashtra State Commission Holds ERA Realtors And Omkar Realtors Liable For Delay In Delivery Of Flat And Making Misleading Promotions
The Maharashtra State Consumer Disputes Redressal Commission bench comprising Mukesh Sharma, Presiding Member and Poonam Maharshi, Member has held ERA Realtors Pvt. Ltd and Omkar Realtors & Developers liable for delay in delivery of flat to the complainant. It has also held both the developers liable for unfair trade practice for misleading advertisements and...
Ernakulam District Commission Holds Philips India And Bismi Appliances Liable For Deficiency In Service Over Refusal Of LED TV Warranty
District Consumer Disputes Redressal Commission, Ernakulam (“Commission”) comprising D.B. Binu (President), V. Ramachandran (Member) and Sreevidhia T.N. (Member) held Philips India and Bismi Appliances liable for deficiency in service and unfair trade practice for refusing warranty service to a complainant who had purchased a Philips LED TV. Background Facts In...
Delhi State Commission Holds Mercedes Benz And Its Authorised Dealer Liable For Manufacturing Defect In Car
The Delhi State Consumer Disputes Redressal Commission bench comprising Sangita Dhingra Sehgal, President and Pinki, Judicial Member has held Mercedes Benz India and its authorised dealer liable for a manufacturing defect in the car and failure to rectify the same or in alternative, to replace the car. Brief facts: On 02.11.2022, the complainant purchased a Mercedes...
West Bengal REAT Dismisses RERA Complaint As Complainants Had Already Filed Identical Case Before State Consumer Commission
West Bengal Real Estate Appellate Tribunal (“Tribunal”) bench comprising of Justice Rabindranath Samanta (Chairperson) and Dr. Subrat Mukherjee (Administrative Member) held that a complainant cannot simultaneously pursue identical reliefs before the State Consumer Commission (“Commission”) and the Real Estate Regulatory Authority (“Authority”). The Tribunal applied the...
Supreme Court Criticises NCDRC For Inventing New Case Of Medical Negligence In Appeal; Orders Complainant To Refund Rs 10 Lakh To Doctors
The Supreme Court on Tuesday (Sep. 9) ordered a complainant to refund the ₹10 lakhs compensation received, holding that the NCDRC had wrongly awarded it by inventing a case of 'antenatal negligence' against the doctors, even though the original complaint was confined to 'post-delivery negligence'. A bench of Justices Sanjay Kumar and SC Sharma passed the order reiterating that it would...
Shamika Indane Agencies Held Liable For Failure To Replace Expired LPG Hose Pipe And Charging Extra Amount For Delivery Of Cylinder
The Tumakuru District Consumer Disputes Redressal Commission bench comprising G.T Vijaylakshmi, President and Nivedita Ravish, Member has held Shamika Indane Agencies- a distributor of Indane LPG cylinder liable for failure to replace the expired hose pipe of the LPG connection of the complainant and charging Rs. 50/- to 80/- extra at the time of delivery of the cylinder apart from...
Baramulla District Commission Holds New India Assurance Co. Liable For Arbitrary Under-Assessment Of Insurance Claim
The Baramulla District Consumer Disputes Redressal Commission bench comprising Peerzada Qousar Hussain, President and Nyla Yaseen, Member has held New India Assurance Co. Ltd. liable for under assessment of insurance amount without any reasonable cause. The bench directed the insurer to re-assess the claim and granted Rs. 3 lakhs as compensation for mental agony along with Rs. 20,000...
Tamil Nadu RERA Directs Alliance Group To Refund Money Deducted As Cancellation Fee To Homebuyer
Tamil Nadu Real Estate Regulatory Authority Bench, comprising Dr. L. Subramanian (Member) and Adv. M. Krishnamoorthy (Member) directed Alliance Group to refund Rs. 50,000 to the homebuyer. The amount was deducted as a cancellation fee for a flat after the homebuyer cancelled the booking when the possession date was shifted from 2018 to 2020. Background Facts Homebuyer...
Belgavi District Commission Holds HDFC Ergo Liable For Non-Settlement Of Personal Accident Claim
The Additional District Consumer Disputes Redressal Commission, Belgaum bench comprising Mahantesh Shigli, President and Girishagouda Patil, Member has held HDFC Ergo General Insurance Co. Ltd. liable for not settling the personal accident claim of the complainant for Rs. 15 lakhs on account of death of her deceased insured husband. Brief facts: The complainant's deceased husband...
Simultaneous Legal Proceedings In Consumer Forum And RERA Not Sustainable: West Bengal Real Estate Appellate Tribunal
The West Bengal Real Estate Appellate Tribunal, Kolkata bench comprising Rabindranath Samantha, Chairperson and Subrat Mukherjee, Administrative member has held that simultaneous legal proceedings in the consumer forum and before the Real Estate Regulatory Authority in respect of the same cause of action cannot be pursued. Brief facts: M/s M.S Enterprise is a...