Consumer Cases
10% Forfeiture Of Earnest Money Reasonable In Default Of Payment Cases: NCDRC
The National Consumer Disputes Redressal Commission, presided over by AVM J. Rajendra and Justice Sudhir Kumar Jain, dismissed a deficiency complaint against Taneja Developers and held that forfeiture of 10% of the earnest money in default of payment cases is a reasonable amount. Furthermore, it was held that forfeiture beyond the reasonable amount becomes a penalty. Brief Facts of...
Car Manufacturing Defect Must Be Proved By Expert Report: Delhi State Commission Dismisses Complaint Against Volvo India And Its Dealer
The Delhi State Consumer Disputes Redressal Commission bench comprising Sangita Dhingra Sehgal, President and Pinki, Judicial member has dismissed a complaint against Volvo Auto India and its dealer for a manufacturing defect in the car in the absence of any expert report on record. It was held that the number of times a vehicle is taken to the workshop for repair does not decide...
Sub-Standard Poultry Feed, Failure To Display Nutritional Chart On Feed Bags Is Unfair Trade Practice: Baramulla District Commission
The Baramulla District Consumer Disputes Redressal Commission bench comprising Peerzada Hussain, President and Nyla Yaseen, Member has held Maha Feeds Agrotech, a manufacturer of poultry feed, and Bhat Poultries, seller of the feed, liable for supplying sub-standard feed without display of nutritional charts. The bench granted a compensation of Rs. 5,00,000 to the poultry farms...
Delhi State Commission Holds Parsvanath Developers Liable For Delay In Delivery Of Flat
The Delhi State Consumer Disputes Redressal Commission bench comprising Sangita Dhingra Sehgal, President and Pinki, Judicial Member has held Parsvanath Developers liable for deficiency in service for delay in delivery of flat to the complainants. The builders agreed to pay a compensation of Rs. 4,00,000 and hand over the delayed possession. Brief facts: The complainants had booked...
Haryana RERA Provides Refund To Homebuyer Who Purchased Flat Under Impression Of Being Developed And Marketed By Godrej Properties
Haryana Real Estate Regulatory Authority Bench, comprising Ashok Sangwan (Member), directed a refund to the homebuyer along with interest for a flat booked in the Godrej Icon project at Sector 88A and 89A, Gurugram. The homebuyer had made the payment under the impression that the project was being developed by Godrej Properties (Respondent No. 2), whereas it was actually being...
Karnataka RERA Directs Ozone Infra Developers To Refund Rs. 70.33 Lakh To Homebuyer For Delayed Possession
Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member) has directed Ozone Infra Developers to refund Rs. 70.33 Lakhs to the homebuyer for the delayed possession. Background Fact Homebuyers (Complainants) entered into a sale agreement with the builder on 5 September 2018 to purchase an apartment in the builder's (Respondent) project named...
NCDRC Directs United India Insurance To Pay Rs. 2.35 Crores For Cancelled Cricket Match
The National Consumer Commission has held United India Insurance Co. Ltd. liable for deficiency in service and directed them to pay Rs. 2,35,81,470/- to the Andhra Cricket Association. The Insurance Company had wrongfully repudiated an insurance claim, related to the cancellation of a 'One Day International' cricket match scheduled for 14.10.2014, due to cyclone...
Selling A Second Hand Mobile Phone For Price Of A New Phone Is Deficiency In Service: Gurgaon District Commission
The District Consumer Disputes Redressal Commission, Gurgaon has held the seller of a Nokia Mobile Phone and its service center liable for selling a second hand phone to the complainant for the price of a new phone. The bench also held Flipkart India liable since the phone was sold through its website. Brief facts: The complainant ordered a new handset- “Nokia-6310 Dual Sim...
Selling Pre-Packaged Products Above MRP Is Unfair Trade Practice: Thrissur District Commission
The Thrissur Consumer Disputes Redressal Commission bench comprising C.T Sabu, President, Sreeja S, Member and Ram Mohan, Member has held the Managing director of Kerala State Beverages Corporation ('KSBC') and the branch manager of KSBC's sales outlet liable for charging in excess of the MRP of a pre-packed commodity. Brief facts: The complainant purchased a package of...
False Assurances Regarding IVF Success Is Deficiency In Service And Unfair Trade Practice: Ernakulum District Commission
The District Consumer Disputes Redressal Commission, Ernakulum bench comprising President D.B Binu, V Ramachandran, Member and Sreevidhia T.N, Member has held that misrepresentation and false assurances regarding IVF success is unfair trade practice and deficiency in service. The bench also shed light on the exploitative practices in the medical sector and a grave breach of trust...
Consumer Forum Can Hear Complaints Under Medical Insurance Scheme For State Govt Employees: Kerala Consumer Commission
The Kerala State Consumer Disputes Redressal Commission Bench has recently held that a Consumer Commission can entertain a complaint filed by an individual relating to a claim under the MEDISEP Scheme especially in absence of a statutory authority to deal exclusively with such claims under the Scheme. The decision was rendered by the bench of Justice B. Sudheendra Kumar (President) and...
Failure To Issue Genuine Temporary Registration No., Kupwara District Consumer Commission Holds Fairdeal Motors Liable
The Kupwara District Consumer Disputes Redressal Commission bench comprising Peerzada Qousar Hussain, President and Nyla Yaseen, Member has held Fairdeal Motors liable for indulging in unfair trade practice and putting additional financial burden on the complainant by providing fake temporary Registration No to the vehicle he purchased.Facts of the Case:The complainant purchased a Tata Tiago...