National Consumer Disputes Redressal Commission
‘Casual approach unmindful of law of limitation’; Delhi HC denies condonation of delay to Railways in appeal against compensation of Rs 6 Lakhs
“Consideration to condone can be made only if there is a reasonable explanation and the condonation cannot be merely because the appellant is a Government body where procedural and bureaucratic delays are well known.”
Interpretation of Consumer Protection Regulations must align with overarching goal of RTI Act: Delhi HC directs CPIO to reassess third party request to access copies of a consumer case
The decision to disclose or withhold information should be made judiciously, considering the stipulations of Section 8 of the RTI Act. This approach ensures that the provisions of the RTI Act are not compromised, while also respecting the confidentiality required in judicial proceedings.
Non-deployment of air bags, hump heating, defective car: A complete breakdown of SC verdict directing Mercedes to pay Rs. 36 lakhs to buyer
“People do not purchase the high-end luxurious cars to suffer discomfort more particularly when they buy the vehicle keeping utmost faith in the supplier who would make the representations in the brochures or the advertisements projecting and promoting such cars as the finest and safest automobile in the world.”
Delhi High Court refuses to entertain petition against NCDRC Order on territorial jurisdiction objection
When the Court suggested it was not inclined to entertain the writ petition due to territorial jurisdiction, the petitioner’s counsel sought permission to withdraw the petitions. The Court granted this request, allowing the petitioner to take appropriate legal steps.
NCDRC cannot rewrite terms & conditions of contract and apply its own subjective criteria: SC directs builder to refund deposited amount to buyer for delayed possession
Supreme Court said that once the parties committed themselves to a written contract, whereby they reduced the terms and conditions agreed upon by them to writing, the same would be binding upon them.
Policy issued after inspection, objections of misrepresentation or non-disclosure cannot be raised after structure was gutted in fire: NCDRC
NCDRC concluded that the Insurance Company failed to establish any misrepresentation or non-disclosure of material facts while obtaining the insurance policy.
After surgery in 1991, woman suffering for 12 years finds nut-bolt inside body; NCDRC upholds compensation of Rs 13.77 lakhs
The opposite parties denied her admission or operation in the clinic and also refuted the removal of rusted nut and bolt by claiming that they ought to be stainless steel material for medical use.
Tribunal Monthly Roundup September 2023 | Top Stories on Estoppel by Election; compensation for lost property documents; ABC Bearings and Timken India amalgamation and more
A quick legal roundup to cover important stories from Tribunals, Regulatory Bodies, Commissions this month.
NCDRC dismisses complaint for maintainability by applying doctrine of ‘Estoppel by Election’
“Intentional exercise of a choice between the alternatives bars the persons making the choice from the benefit of the one not selected on the principle of ‘estoppel by election’.”
NCDRC directs developers to hand over possession of flat or refund sum of 1 crore to a buyer
NCDRC remarked that the argument of dissolution of joint venture agreement relieving obligations of one of the opposite parties was misconceived and could not be accepted.
NCDRC directs ICICI bank to pay 25 lakhs compensation over lost property documents
“The issue is not of fixing a value to a piece of real estate which the complainant is in possession of. Rather, it is one of compensation for the deficiency in service and of indemnifying the complaint against any future loss.”
Consumer Dispute| Supreme Court explains the scope of maintainability of SLP under Art 136 against NCDRC orders
The Court explained that the power to special leave is an exceptional and overriding power, naturally it must be exercised sparingly and with caution and only in very exceptional situations. It will only be used to advance the cause of justice and its exercise will be governed by well-established principles.
NCDRC upholds Telangana SCDRC order fastening vicarious liability on hospital in medical negligence case
A consumer complaint was filed before the TSCDRC alleging deficiency of service/medical negligence on part of the staff performing surgery, seeking compensation of Rs 40 lakhs.
[Mumbai Floods 2005] NCDRC dismisses Leela Hotel insurance claim of Rs 6 Crores
“The report of the surveyor can be contested by the insured for valid reasons. The insurer is required to consider the report of the surveyor appointed by it although he is not bound to accept the report in entirety.”
Loan settled but account frozen for outstanding amount; NCDRC directs HSBC to pay compensation of Rs 15 lakhs for deficiency in services
NCDRC held the HSBC officials negligent and deficient in service entitling the complainants to compensation for unwarranted humiliation, embarrassment and loss of reputation.
Know why NCDRC rejected claim of medical negligence in Justice Verma’s death
NCDRC conveyed that “We have deep sympathies with the death of Justice Verma, but it cannot be ground for liability.”
Cheque gets deposited to the account of account holder with strikingly similar name. Bank blames customer. Read why SC was “surprised” at NCDRC’s ruling
Supreme Court: In an interesting case where one SBI account holder was left with a balance of Rs. 59/- only in his