CONSUMER RIGHTS NEWS

Supreme Court upholds homebuyers’ rights as financial creditors under IBC
Hosp fined after doc fails to spot fractures
Duped? Move consumer court for a nominal fee
Student is a consumer, can file complaint
Arbitration clause won’t curtail consumer rights: Supreme Court
Lack of proper records hits medical negligence lawsuits
More …

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LANDMARK JUDGEMENT – Sec. 13(2)(a) of the Consumer Protection Act, 1986 – Supreme Court has ruled that a party will not get more than 45 days for replying to a complaint in a consumer forum. The court said this period cannot be extended under any circumstances. – SC Judgment dated 04.12.2015 – New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd. >>> Supreme Court Judgments

Supreme Court upholds homebuyers’ rights as financial creditors under IBC

Aug 09, 2019
Moneycontrol.com
In a major win for home buyers, the Supreme Court on August 9 upheld the amendment in the Insolvency and Bankruptcy Code that confers them the status of financial creditors.
This means that home buyers will be treated at par with banks and institutional creditors, and will be given priority while recovering dues from bankrupt or insolvent real estate companies. …

Hosp fined after doc fails to spot fractures

Nyoooz.com
15th November, 2018
AHMEDABAD: A consumer court has fined a city-based hospital because its doctor was unable to spot fractures suffered by an accident victim and discharged him after two hours in hospital. He was rushed to Sanjivani hospital in an ambulance, where Dr Amit Agrawal treated him. …

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Duped? Move consumer court for a nominal fee

Dnaindia.com
Nov 13, 2018
You bought an expensive gown in a fancy package for your daughter’s birthday. You come home and uncover the package only to find out that the box contains a defective gown.
Or you booked a flat in an adjoining upcoming building project as part of preparation for your son’s marriage. …

Student is a consumer, can file complaint

Times of India
Nov 12, 2018
Aditya was a student studying in Oberoi International School, Goregaon. As the school had refused to allow him to appear for his exams, his mother filed a complaint before the Mumbai Suburban District Consumer Forum …

Arbitration clause won’t curtail consumer rights: Supreme Court

Newindianexpress.com
05th March 2018
NEW DELHI: Keeping in mind the interest of consumers, especially home buyers, the Supreme Court has affirmed a ruling that arbitration agreements cannot curtail the jurisdiction of the consumer forum. A bench of Justices Adarsh K Goel and Uday U Lalit has upheld the National Consumer Disputes Redressal Commission’s judgment, which stated that despite an arbitration clause in the homebuyers’ agreements with real estate firms, consumers could still knock on the doors of consumer fora to seek quick redressal. …

Lack of proper records hits medical negligence lawsuits

Asianage.com
Jul 08, 2016, Visakhapatnam
Despite increasing access to consumer forums and growing awareness among the public, victims of medical negligence and their relatives are often left in a quandary as to who they can approach for justice. The few who approach the consumer court or civil court, struggle to provide evidence for their allegations due to improperly maintained medical records. …

AIIMS to pay Rs 25 lakh for negligence   

Timesofindia.indiatimes.com
Mar 24, 2016
Holding the All India Institute of Medical Sciences (AIIMS) responsible for negligence, the National Consumer Disputes Redressal Commission (NCDRC) asked it to pay Rs 25 lakh in compensation to the kin of a cardiac patient who died after being “tossed like a chattel”. …

HDFC Bank has no love and respect for India: NCDRC    

Zeenews.india.com 
March 13, 2016
New Delhi: The HDFC Bank “has got no love and respect for India” as it put the country’s reputation at stake by not activating a debit card of a couple “trapped in a foreign country”, the apex consumer court has said. …

Failure to provide veg food trays to 2 children costs Railway Rs 15,000   

Indianexpress.com   
March 07, 2016
Jagjit Singh, 47, a resident of Mohali, was travelling along with his family.
Not providing vegetarian food trays to two children travelling by Kalka Shatabdi has cost the Northern Railway as the consumer court has directed it to pay a compensation of Rs 15,000, including the cost of litigation, to the complainant….

Refund Rs 466, pay Rs 10,000 relief, CCD (Cafe Coffee Day) told    

Tribuneindia.com
Mohali, February 29, 2016
The District Consumer Disputes Redressal Forum here has directed Cafe Coffee Day (CCD) to refund Rs 466 to a Chandigarh resident along with interest at 9 per cent and pay a lump sum compensation of Rs.10,000 for mental agony, harassment and cost of litigation. …

Pay Rs 64,000 to woman robbed on train to Vapi, Mumbai consumer forum tells Western Railway   

Timesofindia.indiatimes.com
Jan 19, 2016
MUMBAI: In a rare instance, a consumer forum has ordered the Western Railway to pay a compensation of Rs 64,000 to a Valsad woman and her four-year-old son after they were robbed at knifepoint in the first-class compartment of the Vapi passenger train as it left Bandra station in 2014. …

Can’t give beyond 45 days for replying to complaint in consumer cases: Supreme Court   

Indianexpress.com
December 9, 2015
On receiving the complaint, the court said, the opposite party is required to be given notice directing him to give his version within 30 days.
In what will help speed up decisions in consumer cases, Supreme Court has ruled that a party will not get more than 45 days for replying to a complaint in a consumer forum. …
More: LANDMARK JUDGEMENT – Sec. 13(2)(a) of the Consumer Protection Act, 1986 – Supreme Court has ruled that a party will not get more than 45 days for replying to a complaint in a consumer forum. The court said this period cannot be extended under any circumstances. – SC Judgment dated 04.12.2015 – New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd.  >>> Supreme Court Judgments

Consumer Forum penalises private bank for deficiency in service

Tribuneindia.com
November 21, 0215
The District Consumer Disputes Redressal Forum has found HDFC Bank Ltd deficient in service and directed it to pay a compensation of Rs 25,000, including litigation costs, for mental agony and harassment caused to the complainants in a draft case. …

Consumer court awards Rs 15 lakh to Emami’s Fair and Handsome user for ‘psychological’ harm

Legallyindia.com
Nov 09, 2015
Amity Law School student Paras Jain recovered Rs 15 lakh in damages from India’s first and biggest fairness cream brand Emami, for causing psychological hardship to his brother Nikhil Jain, through its allegedly false claims of fairness, reported The Telegraph. …

Air India fined for offloading passenger

Thehindu.com
Sep 28, 2015
Offloading a passenger due to overbooking has cost Air India Rs. 50,000 with a consumer forum holding that the airlines did it for commercial gains. …

Airlines fined Rs 55,000 for losing baggage 7 years ago

Timesofindia.indiatimes.com
Sep 7, 2015
CHENNAI: The state consumer commission has slapped Emirates Airlines with a fine of 55,000 for losing the baggage of a passenger about seven years ago, and said, payment of damages could not be restricted to the terms of any act, as “there is no bar to grant justifiable compensation for causing mental agony.” …

Kingfisher fined for ‘duping’ flyers to take low-cost flight   Timesofindia.indiatimes.com
Apr 15, 2015
MUMBAI: The problems don’t seem to be ending for Vijay Mallya. Sending a strong signal to all airlines, the National Consumer Disputes Redressal Commission on Thursday ordered the defunct Kingfisher Airlines to deposit Rs 25 lakh in the Consumer Welfare Fund of the Government of India as fine. …

Pay compensation for poor stitching, forum tells tailor   Timesofindia.indiatimes.com
Apr 14, 2015
INDORE: District Consumer Dispute Redressal Forum ordered a tailor and a garment shopkeeper to compensate a consumer for goofing up in stitching a school dress of complainant’s daughter. …

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