Homebuyer Can't Be Compelled To Accept Possession Without Occupancy Certificate Obtained By Builder : Supreme Court

The Supreme Court on Friday (February 20) reiterated that homebuyers cannot be compelled to accept possession of a property in the absence of an Occupancy Certificate. Such a failure by the developer, the Court held, constitutes a statutory deficiency in service, entitling consumers to receive compensation from the developers.“Obtaining such certificate is a statutory pre-condition integral...

Senior Citizen Passenger Kept In Airport Shuttle Without Food Or Water; Alliance Air Held Liable

The District Consumer Disputes Redressal Commission, South Delhi, comprising Monika A. Srivastava (President) and Kiran Kaushal (Member), has held Alliance Air Aviation Limited liable for deficiency in service and directed it to pay ₹1 lakh to a senior citizen passenger who was made to wait for over two hours in an airport shuttle bus without basic amenities and was not provided...

NCDRC Holds Sahaj Ankur Realtors Liable For Failing To Provide Promised Flat Or Alternative Accommodation; Awards ₹3.91 Crore Compensation

The National Consumer Disputes Redressal Commission (NCDRC) bench of Justice Sudip Ahluwalia (Presiding Member) and Dr. Sadhna Shanker (Member) held Sahaj Ankur Realtors liable for deficiency in service for failing to provide the promised redeveloped flat or alternative accommodation within the agreed timeframe. The Commission partly al-lowed the complaint and directed the developer to pay...

Delhi Consumer Commission Holds Samsung India Liable For Not Delivering Complimentary Bezel Promised In Advertisement

The District Consumer Disputes Redressal Commission-VI, New Delhi, comprising Poo-nam Chaudhry (President) and Shekhar Chandra (Member), has held Samsung India Elec-tronics Pvt. Ltd. liable for deficiency in service and unfair trade practice for failing to pro-vide a complimentary bezel promised in its advertisement for a 65-inch television. The Commission observed that reliance on...

Prescribing Allopathic Medicines Without Qualification Is Deficiency In Service: NCDRC Awards ₹2 Lakh Compensation For Vision Loss

The National Consumer Disputes Redressal Commission (NCDRC), New Delhi, comprising Dr. Inder Jit Singh (Presiding Member) and Dr. Justice Sudhir Kumar Jain (Member), has held that prescribing allopathic medicines without recognised medical qualification amounts to deficiency in service and negligence by operation of law. The Commission set aside the orders of the fora below and directed...

NCDRC Orders Can't Be Challenged Under Article 226 In Private Consumer Disputes, Article 227 Proper Remedy: Calcutta High Court

The Calcutta High Court has clarified that orders passed by the National Consumer Disputes Redressal Commission (NCDRC) cannot be routinely challenged through a writ petition under Article 226 of the Constitution when the dispute is purely between private parties, holding that the proper remedy in such cases lies under Article 227.Justice Om Narayan Rai ruled that although NCDRC orders...

Educational Institutions Not Service Providers, Students Not Consumers: Uttarakhand State Commission Reiterates

The Uttarakhand State Consumer Disputes Redressal Commission, comprising Kumkum Rani (President) and B.S. Manral (Member), has held that educational institutions are not “service providers” and students are not “consumers” within the meaning of the Consumer Protection Act. Allowing an appeal filed by Kasiga School, the Commission set aside the District Consum-er Commission's...

Mere Suspicion Cannot Defeat Genuine Claim”: Chandigarh Consumer Commission Holds Shriram General Insurance Liable For Arbitrary Repudiation

The District Consumer Disputes Redressal Commission-II, U.T. Chandigarh, comprising Shri Amrinder Singh Sidhu (President) and Shri B.M. Sharma (Member), has held that mere suspicion regarding the cause of loss, unsupported by cogent evidence, cannot justify repudiation of a motor insurance claim. Observing that the insurer failed to substantiate its allegations of mismatch between the cause...

Rusty Tray Table, Non-Functional Lavatories: Delhi Consumer Commission Holds Air India Liable For Deficiency In Service

The District Consumer Disputes Redressal Commission-VI(New Delhi), comprising Poonam Chaudhry (President) and Shekhar Chandra (Member),has held Air India liable for deficiency in service for failing to provide adequate Business Class services and for providing substandard facilities during an international flight. The Commission partly allowed the complaint and held that the airline had failed...

Supreme Court Allows High Courts To Hear Consumer Appeals In States Where State Commission Not Formed

Supreme Court Invokes Article 142 To Ensure Functioning Of Consumer Commissions In Smaller States, Seeks SG's AssistanceInvoking its special powers under Article 142 of the Constitution, the Supreme Court recently empowered High Court Judges to hear consumer appeals in States where State Consumer Disputes Redressal Commissions. Many States found it “not viable” to constitute...

Failure To Complete Contractual Renovation Work: Delhi Consumer Commission Directs SY Interiors To Refund ₹2 Lakh

The District Consumer Disputes Redressal Commission–VI, New Delhi, comprising Ms. Poonam Chaudhry (President), Mr. Bariq Ahmad (Member), and Mr. Shekhar Chan-dra (Member), has held M/s SY Interiors Pvt. Ltd. liable for deficiency in service for failing to complete the work as per its contractual obligations. The Commission allowed the complaint, observing that despite receipt of the...

Hyundai, Dealer Liable For Withholding Exchange Bonus Despite Full Compliance: Uttarakhand State Commission

The Uttarakhand State Consumer Disputes Redressal Commission, comprising Kumkum Rani (President) and C. M. Singh (Member), has held M/s B.M. Hyundai and Hyundai Motor India Ltd. liable for deficiency in service for withholding the exchange bonus. The Commission agreed with the findings of the District Commission that the complainant had complied with all the terms and conditions of the...