Onus To Prove Deficiency Lies With Complainant: NCDRC
7 months, 3 weeks ago

Onus To Prove Deficiency Lies With Complainant: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that the onus to prove the deficiency of service against the respondent lies with the complainant. The District Forum directed the finance company to hand over the possession of the vehicle to the complainant in the same condition as it was on the date of taking forcible possession. Observations by the National Commission The National Commission observed that in the case of a complaint about the repossession of a vehicle, the complainant argued that the finance company took possession of the vehicle with the help of the police, while the finance company denied any such action. The Supreme Court in M/S Magma Fincorp Ltd. v. Rajesh Kumar Tiwari emphasized that the complainant must prove deficiency, a principle reaffirmed in PSA SICAL Terminals Ltd. v. Board of Trustees of V.O.

Finance Company Commission Vehicle Complainant Possession  company  possession  national  payments  loan  ncdrc  commission  lies  onus  complainant  deficiency  prove  vehicle  finance  consumer

History of this topic

Frequent Repairs Alone Do Not Establish Manufacturing Defect In Vehicle, NCDRC Allows Appeal Filed By Skoda Volkswagen India
1 day, 23 hours ago

Frequent Repairs Alone Do Not Establish Manufacturing Defect In Vehicle, NCDRC Allows Appeal Filed By Skoda Volkswagen India

Live Law  

The National Consumer Disputes Redressal Commission, New Delhi bench of Mr Subhash Chandra and AVM J. Rajendra held that frequent repairs or visits to a workshop alone do not establish an inherent manufacturing defect in a vehicle. Feeling aggrieved, the Complainant approached the State Commission and filed a consumer complaint against Skoda Auto Volkswagen India Pvt. Further, it held that …

Consumer Protection Act Protects Interest Of Consumers In “Business To Consumer Disputes”, Not For “Business To Business Disputes”, District Commission Thrissur
2 weeks, 2 days ago

Consumer Protection Act Protects Interest Of Consumers In “Business To Consumer Disputes”, Not For “Business To Business Disputes”, District Commission Thrissur

Live Law  

The District Consumer Disputes Redressal Commission, Thrissur presided by Sri. Ram Mohan R. dismissed a complaint filed by Astra Bio Science Ltd seeking refund from M/s Rita Pad Printing Systems for a machine that was not delivered even though the terms and conditions specified the delivery time as 70 days. The Bench held that the Consumer Protection Act was meant …

Consumer Protection Act 2019 | State Commission Can't Dismiss Compliant For Non-Prosecution, Obliged To Give Decision On Merits: Kerala HC
1 month, 2 weeks ago

Consumer Protection Act 2019 | State Commission Can't Dismiss Compliant For Non-Prosecution, Obliged To Give Decision On Merits: Kerala HC

Live Law  

The Kerala High Court has ruled that the State Consumer Disputes Redressal Commission cannot dismiss a complaint for default or non-prosecution. The Court thus held that the State Consumer Disputes Redressal Commission is obliged to decide the complaint on merits, and cannot dismiss it on default or for non-prosecution. In the facts of the case, the petitioner filed a complaint …

Consumer Cases Annual Digest 2024 [Part -I]
3 months ago

Consumer Cases Annual Digest 2024 [Part -I]

Live Law  

Supreme Court Medical Negligence | Supreme Court Awards Rs 10 Lakh Compensation To Patient Who Developed Hoarseness In Voice After Trainee Gave Anaesthesia Case Title: J. DOUGLAS LUIZ THROUGH LEGAL REPRESENTATIVES VERSUS MANIPAL HOSPITAL | CIVIL APPEAL NO.1700 OF 2024 Citation: 2024 LiveLaw 134 The Supreme Court recently awarded Rs. National Consumer Disputes Redressal Commission Rejection Of A Surveyor's Report …

Onus On Complainant To Prove Allegations Of Deficiency In Service: Uttarakhand State Commission Overturns Lower Commission's Order Against LG Electronics
3 months, 1 week ago

Onus On Complainant To Prove Allegations Of Deficiency In Service: Uttarakhand State Commission Overturns Lower Commission's Order Against LG Electronics

Live Law  

The Uttarakhand State Commission, presided by Ms. Kumkum Rani and Mr. B.S. The complainant lodged a complaint with the dealer, who suggested contacting the LG service centre. Contentions of the Opposite Party The service centre contended that the District Commission's order was illegal as the parties had not been given an opportunity to be heard. Observations by the State Commission …

Violations Must Constitute Fundamental Breach To Deny Insurance Claim: NCDRC Holds Bharti General Insurance Liable For Deficiency In Service
3 months, 2 weeks ago

Violations Must Constitute Fundamental Breach To Deny Insurance Claim: NCDRC Holds Bharti General Insurance Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that for an insurer to deny a legitimate claim, the violations alleged by them have to constitute a fundamental breach. Observations by the National Commission The National Commission observed that the central issue in this case was whether leaving the key in the vehicle was a fundamental breach …

Zero Liability For Customers If Unauthorized Transactions Occur Without Their Fault: NCDRC Holds Union Bank Of India Liable For Deficiency In Service
3 months, 2 weeks ago

Zero Liability For Customers If Unauthorized Transactions Occur Without Their Fault: NCDRC Holds Union Bank Of India Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held Union Bank of India liable for deficiency in service owing to occurrence of unauthorized transactions. Contentions of the Bank The bank disputed the registered mobile number for the account and argued that the OTPs for the disputed transactions were sent to the complainant's registered number. Observations by the …

Agent Does Not Come Under The Ambit Of 'Consumer' : Delhi State Commission
3 months, 4 weeks ago

Agent Does Not Come Under The Ambit Of 'Consumer' : Delhi State Commission

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held that an agent shares a relationship with the principal and this role is excluded from the definition of 'Consumer'. The complainant alleged deficiency in service and unfair trade practices by the OP, prompting him to file a complaint before the District Commission. Observations by the State Commission …

Banks Ought To Give Notice, Opportunity To Pay Dues Before Recovering Customer's Vehicle: NCDRC Holds Kotak Mahindra Bank Liable
4 months, 2 weeks ago

Banks Ought To Give Notice, Opportunity To Pay Dues Before Recovering Customer's Vehicle: NCDRC Holds Kotak Mahindra Bank Liable

Live Law  

The National Consumer Disputes Redressal Commission, New Delhi bench of Dr Inder Jit Singh held Kotak Mahindra Bank Ltd. liable for deficiency in services for its failure to issue a notice before recovering the vehicle secured under a loan agreement. Subsequently, the Complainant filed a revision petition before the National Consumer Disputes Redressal Commission, New Delhi for enhancement of compensation. …

Intent Behind Purchasing Shop Was Self – Employment, NCDRC Holds Complainant As Consumer, Orders Refund
4 months, 3 weeks ago

Intent Behind Purchasing Shop Was Self – Employment, NCDRC Holds Complainant As Consumer, Orders Refund

Live Law  

National Consumer Disputes Redressal Commission Bench, comprising AVM J. Rajendra, held that the complainant who purchased a shop in the builder's commercial project qualifies as a consumer as the intent behind the purchase was self employment. Previously, the State Commission had dismissed the complainant's complaint on the grounds that the shop was intended for commercial use and therefore, the complainant …

Consumer Forums Can't Entertain Complaints Involving Allegations Of Embezzlement: NCDRC
8 months, 1 week ago

Consumer Forums Can't Entertain Complaints Involving Allegations Of Embezzlement: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission bench of J. Rajendra dismissed a revision petition filed against the postal department pertaining to the confiscation of the Complainant's recurring deposit account due to allegations of embezzlement. Feeling aggrieved, he filed a consumer complaint before the District Consumer Disputes Redressal Commission, Aligarh. Aggrieved by the District Commission's order, the Officials filed an appeal …

Consumer Cases Half-Yearly Digest: January To June 2024
8 months, 1 week ago

Consumer Cases Half-Yearly Digest: January To June 2024

Live Law  

Supreme Court Medical Negligence | Supreme Court Awards Rs 10 Lakh Compensation To Patient Who Developed Hoarseness In Voice After Trainee Gave Anaesthesia Case Title: J. DOUGLAS LUIZ THROUGH LEGAL REPRESENTATIVES VERSUS MANIPAL HOSPITAL | CIVIL APPEAL NO.1700 OF 2024 Citation: 2024 LiveLaw 134 The Supreme Court recently awarded Rs. National Consumer Disputes Redressal Commission Rejection Of A Surveyor's Report …

Expert Opinion Or Government Inspection Required To Substantiate Manufacturing Defect Claim: NCDRC
9 months ago

Expert Opinion Or Government Inspection Required To Substantiate Manufacturing Defect Claim: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that as per Section 13 of the Consumer Protection Act, an expert opinion or government inspection is required to substantiate a manufacturing defect. Observations by the National Commission The National Commission observed that the complainant purchased a Radial Drilling Machine from the manufacturer for Rs. However, no expert …

Consumer Cases Weekly Round Up: 17th-23rd June 2024
9 months ago

Consumer Cases Weekly Round Up: 17th-23rd June 2024

Live Law  

National Consumer Disputes Redressal Commission Builder Cannot Force Buyer To Accept Possession After Significant Delays: NCDRC Holds Sushma Buildtech Liable For Deficiency In Service Case Title: Mahesh Gugnani Vs. M/S. Bangalore District Consumer Disputes Redressal Commission Failure To Provide Job-Hunting Assistance, Bangalore District Commission Holds Shine.Com Liable Case Title: Saurabh Kumar vs The Authorized Signatory, Shine.com Case Number: Consumer Complaint …

In Matters Concerning Consumer Protection, Jurisdiction Should Accomodate Complainant's Convenience: NCDRC Holds Bharti Airtel Liable For Deficiency In Service
9 months, 1 week ago

In Matters Concerning Consumer Protection, Jurisdiction Should Accomodate Complainant's Convenience: NCDRC Holds Bharti Airtel Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held Bharti Airtel liable for deficiency in service due to issuing duplicate SIM which caused monetary loss to the complaint. The commission also held that the District Forum has jurisdiction to entertain complaints where the opposite party resides, conducts business, or where the cause of action arises based …

Failing To Provide Required Service On The Purchased Vehicle Is Deficiency In Service : NCDRC
9 months, 1 week ago

Failing To Provide Required Service On The Purchased Vehicle Is Deficiency In Service : NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held Maruti Suzuki liable for deficiency in service and held that failing to service a vehicle properly constitutes a deficiency in service. Contentions of the Opposite Party The dealer argued that the district and the state commissions erred by neglecting the absence of evidence or expert opinion provided …

Consumer Cases Weekly Round-Up: 27th May To 2 June 2024
9 months, 3 weeks ago

Consumer Cases Weekly Round-Up: 27th May To 2 June 2024

Live Law  

National Consumer Disputes Redressal Commission Rejection Of A Surveyor's Report Must Be Due To Arbitrariness: NCDRC Case Title: United India Insurance Co. Ltd Vs. M/S. National Consumer Disputes Redressal Commission Delay In Delivery Of Possession: NCDRC Holds Emaar MGF Land Liable For Deficiency In Service Case Title: Mohan Shyam Dubey Vs. M/S Emaar MGF Land Ltd. National Consumer Disputes Redressal …

Consumer And Criminal Proceedings Are Distinct From Each Other with Respective Jurisdictions: NCDRC
10 months, 1 week ago

Consumer And Criminal Proceedings Are Distinct From Each Other with Respective Jurisdictions: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that the compensation granted by the consumer commission is not akin to a criminal sentence or punishment. Unlike criminal courts, which demand proof beyond a reasonable doubt for culpable offenses, consumer complaints about service deficiencies or unfair trade practices operate under different legal standards. Criminal courts operate …

Arbitration Clauses Do Not Bar Consumer Commissions' Jurisdiction, NCDRC Allows Complaint Against Jai Prakash Associates Ltd.
1 year, 3 months ago

Arbitration Clauses Do Not Bar Consumer Commissions' Jurisdiction, NCDRC Allows Complaint Against Jai Prakash Associates Ltd.

Live Law  

The National Consumer Disputes Redressal Commission, New Delhi bench comprising Mr Ram Surat Ram Maurya and Bhartkumar Pandya held Jai Prakash Associates Ltd. and its subsidiary, Jaypee Sports Int. Further, the Builder's defence that the agreement had an arbitration clause was rejected as it was held that Consumer Forum's remedies stand in addition to the Arbitration and Conciliation Act, 1996. …

Consumer Cases Weekly Round-up: 27th November to 3rd December 2023
1 year, 3 months ago

Consumer Cases Weekly Round-up: 27th November to 3rd December 2023

Live Law  

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 …

Contributory Deficiency, NCDRC Reduces Compensation
1 year, 4 months ago

Contributory Deficiency, NCDRC Reduces Compensation

Live Law  

The National Consumer Disputes Redressal Commission bench led by Mr Justice A.P. Sahi modified the order passed by the State Commission, Andhra Pradesh in favour of the North Eastern Region Institute of Science and Technology which alleged deficiency in service on part of M/s Intec Infonet Pvt. The NCDRC observed that the deficiency and negligence could not be entirely attributed …

NCDRC Dismisses Revision Petition By IndusInd Bank, Citing Violation Of RBI’s Code Of Bank’s Commitment To Customers
1 year, 7 months ago

NCDRC Dismisses Revision Petition By IndusInd Bank, Citing Violation Of RBI’s Code Of Bank’s Commitment To Customers

Live Law  

The NCDRC presided by President Dr. Inder Jit Singh dismissed the Revision Petition filed by IndusInd Bank Ltd. against Sanjay Ghosh and upheld the State Commission order holding that the Bank had acted in total violation of the instructions contained in the Code of Bank’s Commitment to Customers formulated by Reserve Bank of India. The Revision Petition was filed by …

Deficiency In Service: NCDRC Dismisses Indian Railways' Revision Petition, Directs To Compensate Rs. 4.6 Lakhs
1 year, 7 months ago

Deficiency In Service: NCDRC Dismisses Indian Railways' Revision Petition, Directs To Compensate Rs. 4.6 Lakhs

Live Law  

The NCDRC under the Presiding Member Dr. Inder Jit Singh dismissed the Revision Petition filed by the Indian Railways holding it liable for deficiency in service. Observations of the Commission: The NCDRC dismissing the Revision Petition observed that there is no merit in the Railways' argument that the incident falls outside the jurisdiction of the Consumer Protection Act and should …

Consumer panel upholds order against Maruti
7 years, 4 months ago

Consumer panel upholds order against Maruti

The Hindu  

Upholding an order passed by the Andhra Pradesh State Consumer Disputes Redressal Commission, the National Consumer Disputes Redressal Commission directed Maruti Suzuki India, to pay the complainants a sum amounting to more than ₹3 lakh for delivering a vehicle with inherent “defects” in it. Further, it was alleged that after the complainants contacted the dealers, they were told that the …

NCDRC Can’t Dismiss Complaint on Complainant’s Revision Plea For Enhanced Compensation: SC [Read Judgment]
7 years, 5 months ago

NCDRC Can’t Dismiss Complaint on Complainant’s Revision Plea For Enhanced Compensation: SC [Read Judgment]

Live Law  

The Supreme Court, in setting aside an order of the National Consumer Disputes Redressal Commission, has held that while considering a revision petition filed by the complainant praying for increase of compensation and payment of interest, it could not have dismissed the petition itself.In the instant case, the complainants had jointly applied for one shop in the complex which was. …

A Trust Can’t File Complaint Before Consumer Forum: SC [Read Judgment]
8 years ago

A Trust Can’t File Complaint Before Consumer Forum: SC [Read Judgment]

Live Law  

Trust cannot invoke the provisions of the Act in respect of any allegation on the basis of which a complaint could be made, the bench held.The Supreme Court, in Pratibha Pratisthan vs Manager, Canara Bank, has observed that a Trust cannot file a consumer dispute under the provisions of the Consumer Protection Act.“It is clear that a Trust is not …

SC allows homebuyers to directly move national consumer forum against builders
8 years, 1 month ago

SC allows homebuyers to directly move national consumer forum against builders

India TV News  

In a land mark judgment the Supreme Court on Tuesday paved the way for homebuyers to directly drag builders to the National Consumer Disputes Redressal Commission for delay in delivering the projects. The court, however, said that homebuyers must come ‘together’ to fulfil the parameters required for filing a case under the Consumer Protection Act. As per the Consumer Protection …

NCDRC refuses to entertain plea against Hyderabad hospitals
10 years, 9 months ago

NCDRC refuses to entertain plea against Hyderabad hospitals

India TV News  

New Delhi: The apex consumer commission has refused to entertain a plea by a woman and her daughter alleging medical negligence by two Hyderabad-based hospitals and a doctor, saying they were “careless” in pursuing their case. The National Consumer Disputes Redressal Commission rejected the Hyderabad-based complainants' plea against an Andhra Pradesh State Consumer Disputes Redressal Commission order dismissing their case …

Consumer fora can not entertain motor accident claims: NCDRC
10 years, 10 months ago

Consumer fora can not entertain motor accident claims: NCDRC

India TV News  

New Delhi: The National Consumer Disputes Redressal Commission has granted relief to Rajasthan State Road Transport Corporation from paying Rs 65,000 to a complainant saying consumer fora do not have the jurisdiction to entertain claims arising out of motor vehicle accidents. Citing a Supreme Court judgement, the apex consumer forum said, “Consumer fora have no jurisdiction to entertain a complaint …

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