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

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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 be dealt with under the Indian Penal Code and Railway Claim Tribunal Act. Furthermore, the NCDRC highlighted that the Railways have a presence across India, and since the complainant boarded the train from Bikaner, the District Commission in Bikaner was correct in entertaining the Consumer Complaint. The Commission concluded that the Railways is liable for deficiency in service and it has violated several of its duties which have been prescribed by the Railway Board by not having adequate personnel, not closing the gates at night, allowing intruders in the coach, and not aiding the Complainant in filing the FIR.

Indian Railways Railways Service Train Commission Fir Complainant District Act Ncdrc Revision Petition Bikaner Indian Railway  directs  revision  petition  railways  rs  indian  railway  dismisses  service  commission  act  district  ncdrc  vs  complainant  train  lakhs

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Telangana State Commission Holds SBI Liable For Deficiency In Service For Collecting Excess Amount From Customer Without Proper Justification
1 week, 3 days ago

Telangana State Commission Holds SBI Liable For Deficiency In Service For Collecting Excess Amount From Customer Without Proper Justification

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The Telangana State Commission, presided by Smt. V. V. Seshubabu held State Bank of India liable for deficiency in service for collecting unaccounted funds from the customer without proper justification. The complainant filed a complaint before the District Commission and alleged the bank collected Rs. Aggrieved by the District Commission's order, the bank filed an appeal before the State Commission …

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

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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 …

Telangana State Commission Holds Hinduja Leyland Finance Liable For Deficiency In Service And Unfair Trade Practices
1 week, 6 days ago

Telangana State Commission Holds Hinduja Leyland Finance Liable For Deficiency In Service And Unfair Trade Practices

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The Telangana State Commission, presided by Smt. V. V. Seshubabu dismissed an appeal by Hinduja Leyland Finance and held them liable for deficiency in service and unfair trade practices for making claims against the complainant without any concrete evidence. Brief Facts of the Case The complainant had obtained a loan for purchase of a passenger vehicle from Hinduja Leyland Finance/finance …

Telangana State Commission Holds LIC Liable For Deficiency In Service Over Wrongful Repudiation Of Insurance Claim
2 weeks ago

Telangana State Commission Holds LIC Liable For Deficiency In Service Over Wrongful Repudiation Of Insurance Claim

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The Telangana State Commission, presided by Smt. V. V. Seshubabu held Life Insurance Corporation liable for deficiency in service for wrongful repudiation of a legitimate insurance claim. However, the insurer rejected the insurance claim of the complainant on grounds that there was no permanent disability. Observations by the State Commission The Commission observed that the insurer rejected the claim, stating …

Delhi State Commission Holds FIITJEE Liable For Deficiency In Service
2 weeks, 2 days ago

Delhi State Commission Holds FIITJEE Liable For Deficiency In Service

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The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held FIITJEE liable for deficiency in service for collecting the full two-year fee from the complainant without making the required deposit or returning the interest. Dissatisfied with the District Commission's order, FIITJEE filed an appeal before the State Commission of Delhi. In light of these arguments, FIITJEE urged …

Withholding Deposit Without Any Prospect Of Delivering Possession: NCDRC Holds Realtech Development Liable For Deficiency In Service
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3 weeks, 3 days ago

Withholding Deposit Without Any Prospect Of Delivering Possession: NCDRC Holds Realtech Development Liable For Deficiency In Service

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The National Consumer Disputes Redressal Commission, presided by Justice Karuna Nand Bajpayee and Dr. Sadhna Shanker, held that withholding the buyer's deposit amount beyond the estimated date without any prospect for delivering the possession amounts as deficiency in service. Brief Facts of the Case The complainants booked a residential unit from Realtech Development and Infrastructure/developer for Rs. Despite repeated inquiries, …

NCDRC Holds Rajasthan Housing Board Liable For Deficiency In Service For Arbitrary Cancelling Booking
3 weeks, 3 days ago

NCDRC Holds Rajasthan Housing Board Liable For Deficiency In Service For Arbitrary Cancelling Booking

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The National Consumer Disputes Redressal Commission, presided by Justice Sudip Ahluwalia and Mr. Rohit Kumar Singh, held that raising demand for additional amounts and arbitrary cancelling of the booked flat amounts as deficiency in service. Contentions of the Developer The developer argued that the complainant provided contradictory affidavits regarding her income and failed to deposit the required registration amount of …

Price Hike Without Proper Justification Arbitrary : NCDRC Holds Ghaziabad Development Authority Liable For Deficiency In Service
3 weeks, 5 days ago

Price Hike Without Proper Justification Arbitrary : NCDRC Holds Ghaziabad Development Authority Liable For Deficiency In Service

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The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that a substantial price hike by the developer without a proper justification amounts as deficiency in service.Brief Facts of the Case The complainant was allotted a Duplex House under the Shastri Nagar residential scheme by the Ghaziabad Development Authority/ developer, with a cost of Rs. The National Consumer …

Reliance On Force Majeure Clause To Justify Prolonged Delays Unacceptable : NCDRC Holds Developer Liable For Deficiency In Service
3 weeks, 6 days ago

Reliance On Force Majeure Clause To Justify Prolonged Delays Unacceptable : NCDRC Holds Developer Liable For Deficiency In Service

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The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that reliance on force majeure clauses to justify prolonged delays in possession is unacceptable and amounts to deficiency in service. Observations by the National Commission The National Commission observed that there was a clear deficiency in service by the developer, as possession of the …

Refunded Amount Should Be Paid From Date Of Deposit To Ensure Restitution: NCDRC
3 months, 2 weeks ago

Refunded Amount Should Be Paid From Date Of Deposit To Ensure Restitution: NCDRC

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The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM J. Rajendra, held that the refunded amount should be paid from the date of deposit and should be both restitutionary and compensatory. Brief Facts of the Case The complainant booked a flat with the Punjab Urban Planning & Development Authority/developer and paid ₹3,00,000 as earnest money. The …

“Compensation” Includes Compensation For Physical, Mental Or Emotional Suffering: NCDRC
4 months, 1 week ago

“Compensation” Includes Compensation For Physical, Mental Or Emotional Suffering: NCDRC

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The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held T & T Motors liable for deficiency in service for refusing timely repair services while the product was still under warranty. Consequently, the dealer appealed to the National Commission against the State Commission's order. Contentions of the Dealer The dealer argued that the State Commission failed to …

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

Onus To Prove Deficiency Lies With Complainant: NCDRC

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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 …

NCDRC Holds New Delhi Institute Of Management Studies Liable For Misleading Student For Joining MBA Course
4 months, 3 weeks ago

NCDRC Holds New Delhi Institute Of Management Studies Liable For Misleading Student For Joining MBA Course

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The National Consumer Disputes Redressal Commission bench of Dr Inder Jit Singh held New Delhi Institute of Management Studies liable for deficiency in service and unfair trade practice for misleading a student into joining its MBA course with the false assurance that the course was being offered in association with Madhuraj Kamraj University. Brief Facts: The Complainant alleged that New …

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

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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 …

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

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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

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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 …

Banks Cannot Disown Liability For Locker Contents: NCDRC Holds Central Bank Liable For Deficiency In Service
6 months, 3 weeks ago

Banks Cannot Disown Liability For Locker Contents: NCDRC Holds Central Bank Liable For Deficiency In Service

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The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that banks must ensure safety and security to prevent incidents and cannot deny responsibility for the locker's contents. Following the Supreme Court's orders in Amitabha Dasgupta Vs. United Bank of India & Ors, the Commission, referred to the RBI's circular issued on August 18, 2021, outlining banks' liability …

Failure To Reverse Fraudulent Transactions, NCDRC Holds HDFC Bank Liable For Deficiency In Service
10 months, 3 weeks ago

Failure To Reverse Fraudulent Transactions, NCDRC Holds HDFC Bank Liable For Deficiency In Service

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The National Consumer Disputes Redressal Commission, New Delhi bench led by Dr. Inder Jit Singh held HDFC Bank liable for deficiency in services for failing to provide security measures to the credit card issued to the Complainant which resulted in unauthorized transactions amounting to Rs. The NCDRC set aside the respective orders of East Delhi District Commission and Delhi State …

NCDRC's Revisional Jusridiction Limited To Orders Involving Material Irregularity, Illegality Or Jurisdictional Error, Dismisses Revision Petition By Kalinga Eye Hospital
1 year ago

NCDRC's Revisional Jusridiction Limited To Orders Involving Material Irregularity, Illegality Or Jurisdictional Error, Dismisses Revision Petition By Kalinga Eye Hospital

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The National Consumer Disputes Redressal Commission, New Delhi bench comprising Dr Inder Jit Singh dismissed a revision petition filed by Kalinga Eye Hospital and Research Centre while acknowledging its limited revisional jurisdiction which can only be exercised in the case of illegality, material irregularity or jurisdictional error in the order of the State Commission. Thereafter, the Hospital filed an appeal …

Bikaner District Commission Holds North Western Railway Liable For Deficiency In Service For Overloading 3rd AC Train Coach
1 year ago

Bikaner District Commission Holds North Western Railway Liable For Deficiency In Service For Overloading 3rd AC Train Coach

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The District Consumer Disputes Redressal Commission, Bikaner bench comprising Shri Din Dayal Prajapat m Shri Pukhraj Joshi and Smt. Madhulika Aacharya held North Western Railways liable for overloading the train which caused severe discomfort to the Complainant and his family. Observations by the Commission: The District Commission thoroughly examined the evidence presented by the Complainant and observed photographs depicting numerous …

Contributory Deficiency, NCDRC Reduces Compensation
1 year ago

Contributory Deficiency, NCDRC Reduces Compensation

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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 …

Inadequate Power Supply And AC Failure In Garib Rath Train, Hyderabad District Commission Orders South-Central Railways Liable For Negligence
1 year ago

Inadequate Power Supply And AC Failure In Garib Rath Train, Hyderabad District Commission Orders South-Central Railways Liable For Negligence

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The District Consumer Disputes Redressal Commission-II, Hyderabad bench comprising Sri Vakkanti Narasimha Rao and Smt. D. Sreedevi held South Central Railway liable for negligence which resulted in great inconvenience to the passengers of AC 3 compartment in the Garib Rath train going from Vishakhapatnam to Secunderabad. Brief Facts: KVS Appa Rao and his minor daughter, K. Veekshita reserved two seats …

Unilateral Payment Demands Amount to Unfair Trade Practice, Chandigarh District Commission Holds Indian Railway Welfare Organization Liable
1 year, 3 months ago

Unilateral Payment Demands Amount to Unfair Trade Practice, Chandigarh District Commission Holds Indian Railway Welfare Organization Liable

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Recently, the Chandigarh District Consumer Disputes Redressal Commission-I bench comprising Pawanjit Singh, Surjeet Kaur and Suresh Kumar Sardana has directed the Indian Railway Welfare Organization to pay Rs 30,000 to the complainant for charging extra amount after the booking of the flat property. Brief Facts of the Case: Shyam Sunder Garg had booked a flat in the "Rail Vihar" housing …

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

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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 …

Failure To Properly Explain The Delay In Filing: NCDRC Dismisses The Revision Petition
1 year, 6 months ago

Failure To Properly Explain The Delay In Filing: NCDRC Dismisses The Revision Petition

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The New Delhi bench of the National Consumer Disputes Redressal Commission, comprising Justice Deepa Sharma as the Presiding Member, emphasized that condonation of delay is not an inherent right but necessitates the person seeking it to present a valid explanation for each day of delay and establish a reasonable ground for not approaching the court within the prescribed limitation period. …

Railways Not Liable For Theft Of Passenger's Belonging : Supreme Court
1 year, 6 months ago

Railways Not Liable For Theft Of Passenger's Belonging : Supreme Court

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The Supreme Court has held that the theft of personal belongings of a Passenger is not “deficiency of service” by Railways. Accordingly, the Bench comprising Justice Vikram Nath and Justice Ahsanuddin Amanullah set aside orders passed by Consumer forum whereby Railways was directed to reimburse the stolen amount of cash to the Passenger.“We fail to understand as to how the …

Doctor Liable For Negligence, NCDRC Confirms The Order Of The State Commission
1 year, 9 months ago

Doctor Liable For Negligence, NCDRC Confirms The Order Of The State Commission

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A single bench of National Consumer Dispute Redressal Commission, of Dr. S.S. Kantikar in a Revision Petition, has confirmed the Order passed by the District Forum and State Commission. Aggrieved by order of the District Forum, the Doctor filed an Appeal before the State Commission, Lucknow, U.P. Aggrieved by the Order of the State Commission, the Doctor filed a Revision …

NCDRC Reiterates That Condonation Of Delay Is Not A Right, Each Day Should Be Explained
1 year, 11 months ago

NCDRC Reiterates That Condonation Of Delay Is Not A Right, Each Day Should Be Explained

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The National Consumer Dispute Redressal Commission bench comprising Mr. C. Vishwanath as the presiding member and Mr. Subhash Chandra as a member recently observed that the condonation of delay cannot be claimed as a matter of right and should be explained for every day of the delay. The bench observed this while dismissing a revision petition filed under Section 21 …

NCDRC Directs TATA Housing To Refund The Entire Amount Paid For Flat Due To Deficiency In Service
1 year, 11 months ago

NCDRC Directs TATA Housing To Refund The Entire Amount Paid For Flat Due To Deficiency In Service

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The National Consumer Dispute Redressal Commission bench comprising Justice Ram Surat Ram Maurya as the presiding member and Dr. Inder Jit Singh as member directed TATA Housing Development Pvt. The complainants submitted that the opposite party launched a group housing project in the name “Tata Primanti” in Sector-72 in Gurgaon in the year 2011 and widely publicised it’s facalities and …

Cancelling Passenger's Ticket Without Intimation Amounts To Deficiency In Service: Nagpur Consumer Forum Directs Railway To Pay 25K Compensation
2 years, 1 month ago

Cancelling Passenger's Ticket Without Intimation Amounts To Deficiency In Service: Nagpur Consumer Forum Directs Railway To Pay 25K Compensation

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The District Consumer Disputes Redressal Commission in Nagpur has awarded Rs. "For cancellation of ticket without giving intimation well in advance or fail to make alternative arrangement for the schedule journey by opposite party No.1 does amount to deficiency in service and for inconvenience and for mental torture suffered by complainant the opposite party No.1 is liable to pay compensation …

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