Liability Clauses Must Be Agreed Upon By Consumer: Ernakulam District Commission Holds DTDC Liable For Deficiency In Service And Unfair Trade Practices
8 months, 3 weeks ago

Liability Clauses Must Be Agreed Upon By Consumer: Ernakulam District Commission Holds DTDC Liable For Deficiency In Service And Unfair Trade Practices

Live Law  

The Ernakulam District Commission, presided by Shri. Sreevidhia T.N., held DTDC liable for deficiency in service and unfair trade practice due to delivering a consignment to the wrong address and refusing relief, citing the presence of a liability clause. Contentions of the Opposite Party DTDC argued that the complainant had used the services for commercial purposes and, therefore, was not considered a “consumer” under the Consumer Protection Act. The Commission rejected the defense of DTDC that the complainant used the service for commercial purposes, asserting that the consignment's intended use did not imply commercial activity. The commission also criticized DTDC for using fine print to obscure important terms, deeming it an unfair trade practice and ordering DTDC to ensure clarity and transparency in all consumer dealings.

Consumer Service Commission Complainant District Unfair Trade Practice Consignment Commercial Purposes Dtdc Unfair Trade  commission  rs  service  services  consumer  liable  unfair  trade  dtdc  complainant  district  practices  consignment  holds  ernakulam  liability

History of this topic

District Consumer District Redressal Commission Ernakulam Holds Byju's Learning App Liable For Deficiency In Service By Coercing And Harassing Complainant
2 weeks, 5 days ago

District Consumer District Redressal Commission Ernakulam Holds Byju's Learning App Liable For Deficiency In Service By Coercing And Harassing Complainant

Live Law  

The District Consumer District Redressal Commission Ernakulam held Byju's Learning App liable for deficiency in service for coercing the Complainant into purchasing their services. Three weeks later, the Complainant was contacted again by the Opposite Party making persistent calls, asking him to make a further payment of Rs.16,000. Findings of the Commission On perusal of the evidence, the Commission observed …

Cylinder Blast Due To Gas Leakage, Thrissur District Commission Holds Indian Oil Corporation Liable For Deficiency In Service
1 month ago

Cylinder Blast Due To Gas Leakage, Thrissur District Commission Holds Indian Oil Corporation Liable For Deficiency In Service

Live Law  

The District Consumer Disputes Redressal Commission, Thrissur bench of Sri C.T. Sreeja S. and Sri Ram Mohan R. held 'Indian Oil Corporation' liable for deficiency in service and unfair trade practice for manufacturing defects in a gas cylinder, which blasted due to an internal gas leakage. Brief Facts: The Complainant purchased a gas cylinder, manufactured by Indian Oil Corporation, from …

National Insurance Company Held Liable For Deficiency In Service For Denying Full Policy Amount To Complainant
1 month, 1 week ago

National Insurance Company Held Liable For Deficiency In Service For Denying Full Policy Amount To Complainant

Live Law  

The District Consumer District Redressal Commission Ernakulam held National Insurance Company Ltd liable for deficiency in service. Claiming the entitlement to receive the rest of the amount, the Complainant approached the Opposite Party stating that the Opposite Party was required to ensure the full payment of the policy amount. Hence, the Complainant approached the District Consumer Disputes Redressal Commission Ernakulam …

Thrissur District Commission Holds Nokia And Its Dealer Liable For Selling Phone With Manufacturing Defects, Orders Refund And Compensation
1 month, 1 week ago

Thrissur District Commission Holds Nokia And Its Dealer Liable For Selling Phone With Manufacturing Defects, Orders Refund And Compensation

Live Law  

District Consumer Disputes Redressal Commission, Thrissur, Kerala bench of Sri C.T. District Commission found Nokia and its dealer liable for deficiency in service and directed them to refund the phone's cost and pay compensation for inconvenience and mental agony. Therefore, being aggrieved the complainant filed complaint before the District Commission seeking refund of the phone cost along with compensation and …

District Commission Holds One Plus Technology India Private Limited & Service Provider Liable For Deficiency In Service And Unfair Trade Practices
2 months ago

District Commission Holds One Plus Technology India Private Limited & Service Provider Liable For Deficiency In Service And Unfair Trade Practices

Live Law  

The District Consumer Disputes Redressal Commission Ernakulam comprising Shri. Binu, V. Ramachandran and Sreevidhia T.N held the seller and the manufacturer of a mobile phone liable for deficiency in service and unfair trade practice as the mobile phone displayed defects and the grievances of the Complainant remained unaddressed for a long time. Background On 23/12/2021, the Complainant purchased a OnePlus …

Mere Allegations Of Negligence Are Insufficient To Prove Deficiency: Ernakulam District Commission
6 months, 3 weeks ago

Mere Allegations Of Negligence Are Insufficient To Prove Deficiency: Ernakulam District Commission

Live Law  

The Ernakulam District Commission, presided by Shri. Sreevidhia T.N., held that mere allegations of negligence are insufficient and concrete evidence is required to hold a manufacturer liable for deficiency in service. Brief Facts of the Case The complainant purchased a TCL LED TV with a three-year warranty from a TCL Showroom. However, the complainant faced delays and poor service, including …

Ernakulam District Commission Holds Visudha Sadhu Janasangham Liable For Failure To Disburse Promised Cremation Benefits
7 months, 3 weeks ago

Ernakulam District Commission Holds Visudha Sadhu Janasangham Liable For Failure To Disburse Promised Cremation Benefits

Live Law  

The District Consumer Disputes Redressal Commission, Ernakulam bench of Shri D.B. held Visudha Sadhu Janasangham, Thoppumpady liable for failure to give promised cremation benefits to its shareholders as per its binding bye-laws. After several failed attempts to resolve the issue with the Sangham, the Complainants sent a lawyer's notice and received a reply, which denied any service deficiency. Feeling aggrieved, …

Consumer Cases Monthly Digest: June 2024
8 months, 1 week ago

Consumer Cases Monthly Digest: June 2024

Live Law  

National Consumer Disputes Redressal Commission Limitation Period Under Policy Is Shorter Than Statutory Period For Filing Complaint, Unenforceable And Void: NCDRC Holds Oriental Insurance Liable For Deficiency In Service The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and Sadhna Shanker, held that the Consumer Protection Act 1986 provides a two-year limitation period for filing a complaint, and the …

Customer Is Responsible For Losses Caused By Their Negligence : Ernakulam District Commission Dismisses Complaint Against State Bank Of India
8 months, 3 weeks ago

Customer Is Responsible For Losses Caused By Their Negligence : Ernakulam District Commission Dismisses Complaint Against State Bank Of India

Live Law  

The Ernakulam District Commission, presided by Shri. Sreevidhia T.N., held that a customer is responsible for losses caused by their negligence, like sharing payment credentials, until they report the unauthorized transaction to the bank, after which the bank is responsible for subsequent losses. Despite the bank's prompt action in blocking the account upon receiving the complaint to prevent further losses, …

Courts Must Favour Complainant In Case Of Presence Of Two Interpretations Of Same Clause: Ernakulam District Commission
8 months, 3 weeks ago

Courts Must Favour Complainant In Case Of Presence Of Two Interpretations Of Same Clause: Ernakulam District Commission

Live Law  

The Ernakulam District Commission, presided by Shri. Sreevidhia T.N., held Star Health & Allied Insurance liable for deficiency in service and unfair trade practice. The insurer maintained there was no deficiency in service or unfair trade practice, contested the ₹1,20,000 hospitalization expenses, and argued any liability should be limited to ₹95,286, excluding non-medical expenses. Observations by the District Commission The …

Failure To Resolve Credit Issue Within Promised Deadline, Ernakulam District Commission Holds Myntra Liable
9 months, 1 week ago

Failure To Resolve Credit Issue Within Promised Deadline, Ernakulam District Commission Holds Myntra Liable

Live Law  

The District Consumer Disputes Redressal Commission, Ernakulam bench comprising Shri D.B. held Myntra liable for deficiency in service for failure to resolve the issue with the Complainant's credit points within the promised deadline. Seeking a refund of the credited amount, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Ernakulam, Kerala. Observations of the Commission: The …

Ernakulam District Commission Holds Badriya Exclusive Furniture Liable For Deficiency In Service Over The Non-Delivery Of A Product Bought During An Exhibition
10 months, 3 weeks ago

Ernakulam District Commission Holds Badriya Exclusive Furniture Liable For Deficiency In Service Over The Non-Delivery Of A Product Bought During An Exhibition

Live Law  

The Ernakulam District Consumer Disputes Redressal Commission, headed by D.B. held Badriya Exclusive Furniture liable for unfair trade practice and deficiency in service. Brief Facts of the Case The complainant initiated a purchase agreement with Badriya Exclusive Furniture/ Furniture Company for a wardrobe during an exhibition at Kallor International Stadium, Ernakulam. Consequently, the complainant has sought redress through the Consumer …

Consumer Cases Weekly Round-Up: 25th to 31st March, 2024
11 months, 2 weeks ago

Consumer Cases Weekly Round-Up: 25th to 31st March, 2024

Live Law  

National Consumer Disputes Redressal Commission Damages Involving Motor Vehicles Must Be Adjudicated By Motor Accident Claim Tribunal, Consumer Forums Do Not Have Jurisdiction: NCDRC The National Consumer Disputes Redressal Commission bench comprising Mr Justice Sudip Ahluwalia reiterated that Consumer Fora do not have the jurisdiction to entertain claims/damages involving motor vehicles. District Consumer Disputes Redressal Commission-VII, Southwest Delhi Lack Of …

Ernakulam District Commission Holds Oriental Insurance Liable For Deficiency In Service Due To Non-Disclosure Of Policy Terms During The Signing Of The Contract
11 months, 3 weeks ago

Ernakulam District Commission Holds Oriental Insurance Liable For Deficiency In Service Due To Non-Disclosure Of Policy Terms During The Signing Of The Contract

Live Law  

The Ernakulam District Consumer Disputes Redressal Commission, headed by D.B. Upon visiting the insurer's office and providing details of pre-existing conditions, the complainant requested to port their existing policy, which the insurer agreed to do. Observations by the Commission The Commission observed that the insurer had failed to provide the complainant with the necessary terms and conditions of the policy …

Matrimony.com Held Liable For Non-delivery And Loss Of Marriage Videos, Ernakulam District Commission Orders Refund, Rs. 1 Lakh Compensation
1 year ago

Matrimony.com Held Liable For Non-delivery And Loss Of Marriage Videos, Ernakulam District Commission Orders Refund, Rs. 1 Lakh Compensation

Live Law  

The District Consumer Disputes Redressal Commission, Ernakulam bench comprising Shri D.B. While recognising the sentimental value of the lost videos, the District Commission directed it to refund the service amount and pay a compensation of Rs. Feeling aggrieved, the Complainants filed a consumer complaint in the District Consumer Disputes Redressal Commission, Ernakulam, Kerala against the Opposite Party. Further, the District …

Consumer Cases Monthly Digest: February 2024
1 year ago

Consumer Cases Monthly Digest: February 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. District Consumer Disputes Redressal Commission-III, Hyderabad Hyderabad District Commission Holds …

Consumer Cases Weekly Round-Up; 22nd January To 4th February 2024
1 year, 1 month ago

Consumer Cases Weekly Round-Up; 22nd January To 4th February 2024

Live Law  

National Consumer Disputes Redressal Commission National Consumer Commission Holds Raheja Developers Limited for Deficiency in service The National Consumer Disputes Redressal Commission presided by Justice A.P. Liable For Unfair Trade Practice The District Consumer Disputes Redressal Commission, Kullu bench comprising Purender Vaidya and Pooja Gupta held HDFC Life Insurance Company liable for deficiency in services for falsely repudiating the claim. …

Consumer Cases Weekly Round-Up: 25th December To 31st December 2023
1 year, 2 months ago

Consumer Cases Weekly Round-Up: 25th December To 31st December 2023

Live Law  

National Consumer Disputes Redressal Commission, New Delhi Concurrent Finding On Facts, NCDRC Dismisses New India Assurance Co.'S Revision Petition, Directs To Pay Fire Claim Case Title: New India Assurance Co. Ltd. vs M/S M.R. Ernakulam District Consumer Disputes Redressal Commission, Kerala Ernakulam District Commission Holds Lenovo Liable For Deficiency In Service Case Title: Selvan T.K. Ernakulam District Consumer Disputes Redressal …

Ernakulam District Commission Holds M/S Flipkart Liable For Deficiency In Service
1 year, 2 months ago

Ernakulam District Commission Holds M/S Flipkart Liable For Deficiency In Service

Live Law  

The Ernakulam District Consumer Disputes Redressal Commission, Kerala headed by D.B. held the opposite party liable for deficiency in service and unfair trade practices due to discrepancies between the product Brief Facts of the Case The complainant purchased a Smart TV from Flipkart with a specified RAM and memory; however, the TV had lower specifications upon delivery. Contentions of the …

Ernakulam District Commission Holds Bismi Appliances, Carrier, Liable For Deficiency In Service
1 year, 2 months ago

Ernakulam District Commission Holds Bismi Appliances, Carrier, Liable For Deficiency In Service

Live Law  

The Ernakulam District Consumer Disputes Redressal Commission comprises D.B. held Bismi Appliances liable for deficiency in service, stating that dealers cannot escape liability for defects in the products they sell. The complainants emphasize that the third opposite party, Bismi Appliances, is also partially responsible for the difficulties caused as they recommended the A/C. Observations by the Commission The Commission stated …

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