(901) MR. ANAND KUMAR Vs. TDI INFRASTRUCTURE LTD. [DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 10-08-2023 No fault or imperfection in quality or manner of performance of service in relation to housing construction can be termed as deficiency in service. Failure of a developer to comply with contractual obligations to provide a flat to a purchaser within the stipulated period amounts to deficiency in service. India Law Library Docid # 1882123
(902) SURESH CHANDRA GUPTA Vs. HDFC BANK LTD. AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 10-08-2023 Consumer Protection Act, 1986 — Deficiency in Service — Demat Account Mishandling — A complainant's shares were mistakenly dematerialized into another person's account due to an error in form filling, and the bank was found to have deficiencies in service. India Law Library Docid # 1882272
(903) ASHOK AUTO SALES LIMITED AGRA KANPUR ROAD NOONIHAI AGRA UTTAR PRADESH Vs. SUBHASHIS JAIN AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 09-08-2023 Consumer Protection Act, 1986 — Sections 2(1)(d), 12, 13, 14, 15, 17, 21, 25 — Manufacturer's liability for manufacturing defects — No evidence from dealer to prove use of adulterated diesel or improper driving by complainant — Findings of District Forum that vehicle suffered from inherent defects upheld — Dealer's plea of principal to principal relationship not raised in defence — Dismissal of dealer's revision. India Law Library Docid # 1882278
(904) SUBHASH KUMAR Vs. VIPIN KUMAR AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-08-2023 Consumer Protection Act, 2019 — Section 58(1) — Jurisdiction — Complaint filed for harassment and deficiency in service in cancellation of residential units and refund of payment — Opposite parties resist complaint on grounds of limitation, commercial purpose, lack of evidence, forum shopping, nature of contract (sale vs. service), and impermissibility of interest relief — Preliminary objections considered. India Law Library Docid # 1882286
(905) MANAGER, INDUSIND BANK LIMITED AND ANOTHER Vs. SANJAY GHOSH [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 08-08-2023 Consumer Protection Act, 1986 — Section 21(b) — Revisionary powers of National Commission — Limited scope — Can only be exercised if there is a prima facie jurisdictional error, failure to exercise jurisdiction, or illegal exercise of jurisdiction with material irregularity. India Law Library Docid # 1882330
(906) SATYA BRAT JAISWAL Vs. VEDIC CONCLAVE PRIVATE LIMITED [WEST BENGAL STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 07-08-2023 Consumer Protection Act, 2019 — Section 69 — Limitation for filing complaint — Complaint must be filed within two years from the date the cause of action arose — This provision is mandatory — Delay can be condoned only if sufficient cause is shown and reasons are recorded in writing by the Commission — Failure to file within the period or seek condonation constitutes a bar. India Law Library Docid # 1882235
(907) AFTAB ISLAM Vs. GOFRAIN MOLLA AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 07-08-2023 CONSUMER PROTECTION ACT, 1986 — Section 2(1)(d) — Complaint — locus standi — Investors who deposited money in schemes floated by investment company — Deposits not repaid with interest after default — Directed payment of principal and interest with compensation by forums below — Revision by alleged commission agent dismissed. India Law Library Docid # 1882246
(908) BALUSINH SOMSINH NARVE Vs. SATNAM AGRO CENTRE AND OTHER [GUJARAT STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 07-08-2023 Consumer Protection Act, 1986 — Defective Goods — Burden of Proof — Complainant failed to prove that the seed bags purchased lacked mandatory information, undermining his claim of sub-standard material. India Law Library Docid # 1882276
(909) RASANDIK ELECTRIC VEHICLES PVT. LTD. Vs. AYODHYA PRASAD MISHRA AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-08-2023 Consumer Protection — Deficiency in Service — Vehicle Purchase — District Forum awarded compensation to complainant for defective vehicle based on expert report confirming manufacturing defect, with State Commission concurring. India Law Library Docid # 1882281
(910) M.S. BAKANKAR Vs. STATE BANK OF INDIA [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-08-2023 Consumer Protection Act, 1986 — Section 21 — Revision Petition — Jurisdiction — Court can entertain a revision petition against an order of the State Commission. India Law Library Docid # 1882306
(911) BHARTI AXA LIFE INSURANCE LTD. Vs. STATE BANK OF INDIA [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 04-08-2023 Consumer Protection Act, 1986 — Revisional Jurisdiction — Scope — Commission's revisional powers are limited to instances of prima facie jurisdictional error, perversity, or material irregularity in lower fora's findings — Can only interfere with concurrent findings of fact if they are perverse, based on inadmissible evidence, conjecture, or omission of material evidence — Cannot re-assess or re-appreciate evidence when findings are concurrent and based on evidence on record. India Law Library Docid # 1882307
(912) TEJAS GOPALJI SOMANI Vs. TATA MOTORS LTD. AND ANOTHER [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-08-2023 Consumer Protection Act, 1986 — Deficiency in Service — Manufacturing Defect — Appeal against State Commission Order — Complainant refused to take delivery of vehicle after repairs, attributing defects to manufacturing — No expert evidence produced by complainant to prove manufacturing defect — Defects alleged were mechanical and rectified — Refusal to take delivery without tangible reason not justifiable — No deficiency in service by opposite parties. India Law Library Docid # 1882112
(913) URBAN IMPROVEMENT TRUST AND ANOTHER Vs. MAGHA RAM [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 03-08-2023 Consumer Protection Act, 1986 — Section 19 — Revision Petition — Jurisdiction — Public Auction Purchaser — Consumer Status — An auction purchaser, particularly in sales of existing sites, is not considered a consumer under the Consumer Protection Act, 1986. Therefore, consumer forums lack jurisdiction to entertain complaints filed by such purchasers against the auctioning authority. India Law Library Docid # 1882117
(914) AJMER DEVELOPMENT AUTHORITY AND ANOTHER Vs. SHIV CHARAN SINGH CHAUHAN [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 02-08-2023 Consumer Protection Act, 1986, Section 21 — Revision Petition — Order of State Commission set aside — Rejection of complaint by District Forum upheld — Petitioners challenge to State Commission's order allowing appeal and directing payment of compensation — Petitioners contend complainant defaulted in payment, State Commission erred in holding deficiency in service based on internal note sheet lacking competent authority approval and State government approval prior to demand letter issuance. India Law Library Docid # 1882252
(915) ALOK GUPTA Vs. STATE OF RAJASTHAN AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-08-2023 Consumer Protection Act, 1986 — Sections 2(1)(d), 24-A — Consumer status — Pension dispute — A worker in a semi-government institution can file a consumer complaint regarding a pension dispute. India Law Library Docid # 1882254
(916) MANAGING DIRECTOR & CEO, INDIAN OVERSEAS BANK AND ANOTHER Vs. S.X.J. VASAN, I.R.S. FORMER COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 01-08-2023 Consumer Protection Act, 1986 — Section 2(1)(d) and Explanation — Consumer — Commercial Purpose — Earning Livelihood by Self-Employment — Banking services used for stock market trading to generate profit constitutes a commercial purpose. However, if the stock market trading is done for earning livelihood by means of self-employment, the person availing the service will still be considered a consumer. The determination is factual and case-specific. India Law Library Docid # 1882332
(917) INDIAN OIL CORPORATION LIMITED Vs. SOURAV DAS AND OTHERS [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 31-07-2023 Consumer Protection Act, 1986 — Deficiency in service — Failure to process insurance claim — Death of persons due to burn injuries from LPG cylinder leakage — State Commission ordered compensation based on insurance policy after finding lack of conclusive evidence of defects in equipment or negligence by deceased — Court finds no illegality in State Commission's findings as the incident was proven by dying declarations and police reports and the failure to process the insurance claim constituted India Law Library Docid # 1882320
(918) GURUMOORTHY, S/O. NAGASUBRAMANIAN, HINDU Vs. THE CANARA BANK AND OTHERS [PUDUCHERRY STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 26-07-2023 Consumer Protection Act, 2019 — Section 2(7) — Definition of Consumer — Loan for Commercial Purpose — Held, a person availing a loan for business expansion or business purposes, not exclusively for earning livelihood by self-employment, is not a 'Consumer' as defined under the Act. India Law Library Docid # 1882253
(919) BHAVESH TRIBHUVAN VORALIYA Vs. MANAGER, UNION BANK OF INDIA [GUJARAT STATE CONSUMER DISPUTES REDRESSAL COMMISSION] 26-07-2023 Consumer Protection Act, 1986 Section 2(1)(d) Definition of 'Consumer' complainant's status as beneficiary of funds versus beneficiary of services Bank's contention that complainant is not a 'Consumer' as he did not hire services and name was not in banking records Held, complainant is entitled to funds as per will, but not a beneficiary of bank's 'services' for the purpose of the Act. India Law Library Docid # 1882279
(920) ASHISH DHINGRA AND ANOTHER Vs. EMAAR MGF LAND LTD. [NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION] 26-07-2023 Consumer Protection Act, 1986, Section 2(1)(d) & 2(1)(o) — 'Consumer' and 'Service' Defined — Housing Construction Included as Service — Exception for 'Commercial Purpose' — Test for Commercial Purpose includes nexus with profit-generating activity and business-to-business transactions — Purchase for earning livelihood by self-employment is not commercial purpose — Whether a buyer is a consumer depends on facts of each case. India Law Library Docid # 1882310