Onus To Prove Deficiency Lies With Complainant: NCDRC
4 months, 2 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

Onus On Complainant To Prove Allegations Of Deficiency In Service: Uttarakhand State Commission Overturns Lower Commission's Order Against LG Electronics
3 days, 4 hours 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
1 week, 2 days 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
1 week, 5 days 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 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
1 month, 1 week 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
1 month, 2 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
5 months 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
5 months 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
5 months, 3 weeks 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
5 months, 3 weeks 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
5 months, 4 weeks 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
6 months 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
6 months, 2 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
6 months, 4 weeks 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 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 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 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, 3 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, 4 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 …

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