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10 hours, 25 minutes ago

CONSUMER CASES WEEKLY ROUND UP: DECEMBER 16 – DECEMBER 22

Live Law

National Consumer Disputes Redressal Commission Insured Cannot Assume Obligation On Part Of Bank To Renew Policy: NCDRC Case Title: State Bank of India Vs. R. Vishwanatha Pai Case Number: R.P. Haryana Consumer Disputes Redressal Commission Haryana State Commission Holds Ansal Properties Liable For Delay In Possession, Orders Refund And Compensation Case title: Mrs. Neeru Bala Mahendru vs Ansal Properties & …

Delhi Title Consumer Disputes Judicial State Held Commission

1 day, 9 hours ago

Your credit card defaults may pinch much more

Deccan Chronicle

Mumbai: The next time you miss credit card payments, you may be hit by much higher interest charges and late fees then what you may be paying now.In a move that will give lenders more freedom to set their own interest rates for credit card defaults, the Supreme Court has set aside an order of the National Consumer Disputes Redressal …

Credit Bank Pay Interest Rates Interest Card Rates

Apex Court Sets Aside Interest Rate Cap On Late Credit Card Bill Payments

ABP News

The Supreme Court on Friday set aside an order from the National Consumer Disputes Redressal Commission regarding interest rates on late credit card bill payments. The court ruled that interest rates will not be capped at 30 per cent per annum for late bill payments related to credit cards. Notably, the NCDRC earlier in 2008 ruled that levying more than …

Credit Interest Rates Card Rate Rbi Ncdrc Court Sets

SC allows banks to charge over 30% interest on credit card; overturns NCDRC cap

The Hindu

The Supreme Court on Friday allowed appeals filed by banks challenging a 2008 National Consumer Disputes Redressal Commission order, which held that charging over 30% interest on credit card dues amounted to unfair trade practice under the Consumer Protection Act. The NCDRC had passed the order in 2008 on the questions whether banks could charge the credit card users interest …

Credit Card Interest Ncdrc

3 days, 18 hours ago

Surveyor's Report Can Only Be Rejected Only On Valid Grounds: NCDRC

Live Law

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM J. Rajendra in an appeal against United India Insurance held that a surveyor's report is mandatory for insurance claims and it can only be rejected on reasonable grounds. The surveyor found 46.667% under-insurance for the building and stated machinery and potato stocks were not covered under the …

Policy Insurance Building Report Commission Complainant Insurer

4 days, 21 hours ago

Doctor Not Liable For Negligence If Chosen Treatment Recognized As Sound Medical Practice: NCDRC

Live Law

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that doctors are not liable for medical negligence if the disputed treatment is recognized as sound medical practice. Contentions of the Opposite Party The doctor denied treating the complainant and stated that the Specialist handled all the treatment, so he wasn't responsible for any alleged negligence. A doctor …

Medical Medical Negligence Court Negligence Three Months Commission Doctor

5 days, 18 hours ago

Insurance Policies Must Be Read Holistically: NCDRC Holds LIC Liable For Deficiency In Service

Live Law

The National Consumer Disputes Redressal Commission, presided by Justice A.P. Sahi and Dr. Inder Jit Singh held that insurance policies should be read inclusively to meet the reasonable expectations of the insured. Brief Facts of the Case The complainant's deceased son had a life insurance policy from Life Insurance Corporation/insurer. After examining the insurance policy clauses, it concluded that the …

Policy Insurance Commission Insurer Insurance Policies Lic

6 days, 16 hours ago

NCDRC Cannot Act As An Appellate Court To Re-Examine Facts

Live Law

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that the NCDRC's revisional jurisdiction is limited in nature and it cannot act as an appellate body. Brief Facts of the Case The complainant purchased a plot from a third party, proprietor of M/s Prachi Trade Line, through a registered sale deed. The complainant sought an order from …

Transfer State Commission Act Ncdrc District Forum

6 days, 21 hours ago

NCDRC Upholds The Sacrosanct Nature Of Procedural Timeline Of 45 Days For Filing Written Statement

Live Law

The National Consumer Disputes Redressal Commission bench presided by Dr. Inder Jit Singh has underscored the importance of procedural timeline given under the Consumer Protection Act for filing of written statement. Brief background: Authorised representatives of builders Lucina Land Development ltd. and Diana infrastructure ltd. failed to file their written reply to a complaint within the 45 days timeline as …

45 Days Written Statement Timeline Procedural Timeline

1 week, 2 days ago

Purchases For Earning Livelihood Qualify As Commercial Purposes If Operated Solely By Others: NCDRC

Live Law

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that purchases for earning a livelihood through self-employment qualify as commercial purpose if operated solely by others. Contentions of the Opposite Party The manufacturer argued that the machines were bought for commercial use to earn profits, so the complainant did not qualify as a consumer under the Act. …

National Commercial Purpose Commercial Commission Complainant Machines Commercial Purposes

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 …

Insurance Theft Commission Vehicle Insurer Key Claim

1 week, 2 days ago

Bank's Role As Intermediary Does Not Create Privity Of Contract With Insured: NCDRC Holds Insurance Company Liable

Live Law

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM J. Rajendra, in a petition by Sarva Haryana Gramin Bank held that a bank's role as an intermediary does not create a privity of contract with the insurer. Brief Facts of the Case Under the Prime Minister Fasal Bima Yojna, Sarva Haryana Gramin Bank was responsible for …

Insurance National Bank Company Crop Premium Commission

1 week, 2 days ago

Surveyor's Report Can Only Be Rejected On Valid Grounds: NCDRC

Live Law

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM J. Rajendra in an appeal against United India Insurance held that a surveyor's report is mandatory for insurance claims and it can only be rejected on reasonable grounds. The surveyor found 46.667% under-insurance for the building and stated machinery and potato stocks were not covered under the …

Policy Building Report Commission Complainant Machinery United India Insurance

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 …

Bank Commission Number Transactions Union Bank Of India Unauthorized Complainant Filed

2 weeks, 5 days ago

Can NCDRC Technical Member Sitting Singly Preside Over Bench? Supreme Court To Consider

Live Law

The Supreme Court recently stayed proceedings in a consumer case pending before the National Consumer Disputes Redressal Commission, on challenge to an order passed therein by a Technical Member alone.A bench of Justices Dipankar Datta and Sandeep Mehta granted stay upon hearing Senior Advocate Trideep Pais for the appellant, who contended that the impugned order suffered from the vice of. …

Supreme Court Court Order Technical Judicial Bench Member

3 weeks, 2 days ago

Signing Discharge Voucher Does Not Prevent Insured Parties From Pursuing Claims : NCDRC Holds Bajaj Allianz Insurance Liable For Deficiency In Service

Live Law

The National Consumer Disputes Redressal Commission, presided by Justice Karuna Nand Bajpayee and Dr. Sadhna Shanker, held that the denial of an insurance claim merely on the basis that the insured signed discharge vouchers is arbitrary and amounts as deficiency in service. Observations by the National Commission The National Commission observed that the main issue was whether the insurance company …

Insurance Company Commission Complainant Insured

3 weeks, 2 days ago

NCDRC Holds Yatri Hotel Liable For Service Deficiency In Fire Incident Resulting In Fatality

Live Law

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that the hotel's failure to manage the fire outbreak, leading to fatalities, constitutes negligence and a deficiency in service. Brief Facts of the Case The complainant's son, a government school teacher, stayed at Yatri Hotel where an electric malfunction on the first floor was …

Commission Hotel Yatri Hotel

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

Live Law

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, …

Developer Complainants Deficiency In Service

3 weeks, 3 days ago

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

Live Law

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 …

Income Commission Complainant Developer Hig

3 weeks, 4 days ago

Buyer Cannot Be Made To Wait Indefinitely For Possession : NCDRC Holds Lodha Construction Liable For Deficiency In Service

Live Law

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that making buyers wait indefinitely for possession amounts to deficiency in service. It directed the builder to pay interest on the amount paid by the complainant at 6% per annum from the end of the grace period until the complaint filing and 9% per …

National Delay Commission Complainant Builder Possession Lodha

3 weeks, 4 days ago

Failure To Fulfill Contractual Obligations: NCDRC Holds Dhwani Associate Developers Liable For Deficiency In Service

Live Law

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that failure to fulfill contractual obligations and delay in handing over possession amounts as deficiency in service. The builder further claimed that the State Commission acted without proper evidence and that the complainants intentionally hid facts, including an injunction order from the Bombay High …

Pay Order Contractual Obligations State Builder National Commission Mental Agony

3 weeks, 5 days ago

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

Live Law

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 …

National Price Cost Commission Complainant Developer Proper

3 weeks, 6 days ago

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

Live Law

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 …

Commission Complainant Developer Mental Agony Possession Deficiency Force Majeure Clause

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 Commission Complainant Shop Builder Ncdrc Self Employment

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CONSUMER CASES WEEKLY ROUND UP: DECEMBER 16 – DECEMBER 22

Your credit card defaults may pinch much more

Apex Court Sets Aside Interest Rate Cap On Late Credit Card Bill Payments

SC allows banks to charge over 30% interest on credit card; overturns NCDRC cap

Surveyor's Report Can Only Be Rejected Only On Valid Grounds: NCDRC

Doctor Not Liable For Negligence If Chosen Treatment Recognized As Sound Medical Practice: NCDRC

Insurance Policies Must Be Read Holistically: NCDRC Holds LIC Liable For Deficiency In Service

NCDRC Cannot Act As An Appellate Court To Re-Examine Facts

NCDRC Upholds The Sacrosanct Nature Of Procedural Timeline Of 45 Days For Filing Written Statement

Purchases For Earning Livelihood Qualify As Commercial Purposes If Operated Solely By Others: NCDRC

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

Bank's Role As Intermediary Does Not Create Privity Of Contract With Insured: NCDRC Holds Insurance Company Liable

Surveyor's Report Can Only Be Rejected On Valid Grounds: NCDRC

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

Can NCDRC Technical Member Sitting Singly Preside Over Bench? Supreme Court To Consider

Signing Discharge Voucher Does Not Prevent Insured Parties From Pursuing Claims : NCDRC Holds Bajaj Allianz Insurance Liable For Deficiency In Service

NCDRC Holds Yatri Hotel Liable For Service Deficiency In Fire Incident Resulting In Fatality

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

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

Buyer Cannot Be Made To Wait Indefinitely For Possession : NCDRC Holds Lodha Construction Liable For Deficiency In Service

Failure To Fulfill Contractual Obligations: NCDRC Holds Dhwani Associate Developers Liable For Deficiency In Service

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

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

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