Consumer Law
Supreme Court Seeks Centre's View On Whether Charitable Trust Is A “Consumer” Under Consumer Protection Act, 1986
The Supreme Court today (September 18) sought the assistance of Union of India through the Ministry of Consumer Affairs as a respondent in a case involving the issue whether a charitable trust can be considered a “consumer” under the Consumer Protection Act, 1986.The definition of “consumer” under Section 2(1)(d) of the 1986 Act includes any “person” who buys goods or avails...
Whether Charitable Trust Is Consumer Under Consumer Protection Act? Supreme Court To Examine On September 18
The Supreme Court will hear on September 18 the issue of whether a charitable trust can maintain an action and claim compensation under the Consumer Protection Act, 1986 as a 'consumer'.A bench of Justice Abhay S Oka, Justice Ahsanuddin Amanullah and Justice Augustine George Masih directed the parties to file compilation of decisions they are going to rely upon while addressing the Court on...
Consumer Cases Monthly Round-up: November 2023
Supreme Court BMW Car Damage: Supreme Court Refuses Claim For Replacement; Says Insured Can't Claim Anything More Than Insurance Policy Coverage Case Title: Bajaj Allianz General Insurance Co.Ltd. V. Mukul Aggarwal, CIVIL APPEAL NO.1544 OF 2023 Citation: 2023 LiveLaw (SC) 1000 The Supreme Court on Monday (20.11.2023) reiterated that an insured cannot claim anything more...
Consumer Cases Weekly Round-up: 27th November to 3rd December 2023
Bombay High Court Electricity Connection On Particular Address Not Proof Of Ownership, Legality Of Construction: Bombay High Court Case Title: High Court On Its Own Motion v. State of Maharashtra through Principal Secretary & Ors., Suo Motu Writ Petition No.2/2023 A division bench of Justices Gautam S Patel and Kamal Khata of the Bombay High Court has held that an...
Bank Allowing Unauthorized Transaction Exceeding Account Holder's Credit Limit Constitutes Deficiency In Service: Kerala Consumer Commission
The District Consumer Disputes Redressal Commission at Ernakulam recently held that unauthorized transactions exceeding the credit limit of an account holder, particularly when such a person did not opt for over-the-limit transaction, would constitute a deficiency of service. The Bench comprising President D.B. Binu, and Members V. Ramachandran, and Sreevidhia T.N. relied upon the decision...
Installation Of Inferior Quality Football Turf Despite Paying Full Amount For Superior Turf An Unfair Trade Practice: Kerala Consumer Commission
The Consumer Disputes Redressal Commission at Ernakulam recently held that repeated installation of inferior quality football turf despite payment of the full amount for installing a superior quality turf, would constitute unfair trade practice under the Consumer Protection Act. The Bench comprising President D.B. Binu, and Members V. Ramachandran and Sreevidhia T.N. held that the failure of...
Issuance Of Poorly Printed Bills On Low-Quality Paper With Inferior Ink Is 'Unfair Trade Practice': Ernakulam District Commission
The Consumer Disputes Redressal Commission at Ernakulam recently held that the issuance of poorly printed bills on low-quality paper or with inferior ink amounts to 'deficiency of service' or 'unfair trade practice'. The Bench comprising President D.B. Binu, and Members V. Ramachandran and Sreevidhia T.N. relied upon the decision in Tata Chemicals Ltd. vs Skypak Couriers Pvt. Ltd. (2001),...
Insurer Finding "Loopholes" To Deny Claims Under 'Corona Rakshak Policy' Unfair Trade Practice: Kerala Consumer Forum Orders Compensation
The Consumer Disputes Redressal Commission at Ernakulam recently awarded a sum of Rs. 1,20,000/- as compensation to a policy holder whose claim under the 'Corona Rakshak Policy' was rejected by M/S Star Health and Allied Insurance on the ground that the policy holder had not provided treatment records for bronchial asthma. The Bench comprising President D.B. Binu, and Members V. Ramachandran...
Kerala Consumer Forum Imposes Rs.35K Cost On Shop Owner For Charging Customers Rs.35 Above MRP On Ladies Garment
In a significant decision, the Consumer Disputes Redressal Commission at Thrissur invoked Section 14(1) (hb) of the Consumer Protection Act,1986 to direct an inner wear garments shop to pay an amount of Rs. 20,000/- to the Legal Benefit Fund (LBF) maintained at Registry of the Commission, towards reparation for the loss and injury inflicted on a large number of consumers who are not...
'Significance Of Passengers' Time Undeniable': Kerala Consumer Forum Awards Rs. 60K Compensation To Passenger Affected By 13 Hrs Delay Of Train
The Ernakulam District Consumer Disputes Redressal Commission recently ordered the Southern Railway to compensate a passenger for the inconvenience caused to him by the 13-hour delay of the Chennai-Alleppey Express. The Bench comprising President D.B. Binu and Members Ramachandran V and Sreevidhia T.N observed that despite being a significant Public Sector Undertaking, the Indian Railways...
Do Not Deny Insurance Claim For Brief Home Visit During Hospitalization, Ludhiana Commission Holds Aditya Birla Health Insurance Co. Liable
The District Consumer Disputes Redressal Commission, Ludhiana bench comprising Sh. Sanjeev Batra (President) and Ms. Monika Bhagat (Member) held Aditya Birla Health Insurance Company liable for rejecting the claim of the hospitalized Complainant on the basis that the Complainant visited his home for certain hours while he was hospitalized. The District Commission opined...
Kerala Consumer Forum Orders Ford India To Compensate Lawyer For Failed Car Booking Taken 3 Weeks Before Closing Operations In India
The Consumer Disputes Redressal Commission at Kottayam recently ordered Ford India Pvt. Ltd to pay compensation to a lawyer for failure to deliver an EcoSport Titanium car to him, after taking advance booking just 3 weeks prior to cessation of its operations in India.The booking was taken by Ford's authorized dealer at Kottayam, Kairali Ford, unaware of then forthcoming closure of Ford...
Assured Single Room Facility Not Available, Bengaluru Commission Orders Motherhood Hospital To Pay Compensation And Litigation Cost
The III-Additional Bengaluru District Consumer Disputes Redressal Commission bench comprising Sri Shivarama K (President), Sri Chandrashekar S Noola (Member) and Smt. Rekha Sayannvar (“Member”) held Motherhood Hospital, Bengaluru liable for providing a twin room service despite the assurance of a single room to the complainant as part of their birthing package. The District...
Canada PR Visa: Consumer Forum Orders Compensation To Kerala Student 'Cheated' By Immigration Consultancy
The District Consumer Disputes Redressal Commission at Ernakulam recently ordered an immigration consulting agency to compensate a student for cheating the latter in the name of obtaining permanent residency (PR) visa to Canada. The Bench comprising the President D.B. Binu and Members V. Ramachandran and Sreevidhia T.N., held the Managing Director and General Manager of Amster...
Gujarat State Commission Orders Reliance General Insurance To Pay Rs. 1.5 Lakhs To The Insured For Availing Covid-19 Treatment
Recently, the Gujarat State Consumer Disputes Redressal Commission bench comprising of M. J. Mehta (President) and J. G. Mecwan (Member) directed the Reliance General Insurance to pay the complainant Rs 1.5 Lakhs for rejecting the insurance claim on the ground that the 'Covid-positive' report he furnished along with other claim documents, was not from a certified laboratory....
Removal Of Gall Bladder After Incorrect Diagnosis, NCDRC Orders Delhi Nursing Home, Bhatinda To Pay Rs. 3 Lakhs Compensation
Recently, the National Consumer Disputes Redressal Commission bench comprising of Subhash Chandra (Presiding Member) held a doctor at Delhi Nursing Home, Bathinda liable for negligence when a patient's gall bladder was wrongly removed during laparoscopic surgery without her consent. The National Commission concluded the doctor had acted negligently by failing to diagnose the...
Security Lapse In Bank’s Premises Is Bank’s Responsibility, North-East Delhi Commission Orders PNB To Refund Cash, Compensation
Recently, the North-East Delhi District Consumer Disputes Redressal Commission bench comprising Surinder Kumar Sharma (President), Anil Kumar Bamba (Member) and Adarsh Nain (Member) held Punjab National Bank liable for deficiency in service and ordered it to pay Rs refund the deposited amount and pay 30,000 as compensation to the complainant. The matter revolved around the...
Sahara City, Chandigarh-I Commission Orders Sahara Group To Refund, Pay Compensation, Litigation Costs To Home Buyer
Recently, the Chandigarh District Consumer Disputes Redressal Commission-I bench comprising Pawanjit Singh (President) and Surjeet Kaur (Member) held Sahara Group liable for deficiency in service for not offering possession of the home units within the Sahara City to the complainant. The bench noted that collecting money from prospective buyers without obtaining required...
Trip Cancellation, Chandigarh Commission Orders The Club Resorto Hospitality To Refund Amount, Pay Compensation And Litigation Cost
The District Consumer Disputes Redressal Commission-I, Chandigarh bench, led by Shri Pawanjit Singh as President and Surjeet Kaur as Member, found Club Resorto Hospitality Limited ("the Club") responsible for inadequate service due to the cancellation of the complainants' anniversary trip, which the Club attributed to adverse weather and road conditions. Furthermore, the Club was...